Settled Account, still showing as outstanding CCJ

[capcom]

Hi

 

About to make written contact with OC regarding entry on credit file and require advice to my rights or opintions on how best to proceed.

 

1. defaulted on CC £671.00

2. default date on report 04/04/07

3. Made payment of £150.00 to OC collections agent, confirmed on bank statement

4. Make final payment of 530.36 to OC on 02/09, confirmed on bank statement

5. Account default amount settled in full £680.00, 02/09

5. Experian shows account entry as only satisfied and separate unpaided CCJ for this account.

 

I am correct on thinking the CCJ entry should be removed and the OC marker should show settled

 

Regards in advance

[Gaston Grimsdyke]

It's up to you to apply to the court for a Certificate of Satisfaction which would then cause the CCJ to be marked as satisfied. It doesn't happen automatically.

[capcom]

Hi

 

Payment was made to the oc directly as part of a negotiation of the default amount there was no mention of a ccj and they marked CF as settled. So I contact the OC to conifrm in writting the account has been settled and produce this letter to the courts.

[Isiris]

Yeh, it will cost you £15 I think/

[Guest]

usually, a creditor should inform that a ccj has been satisfied. otherwise, can apply for certificate.

if the ccj was satisfied within 28 days then would not be registered.

Edited January 26, 2012 by Ford

[Guest]

'In CCBC cases, ....(creditor/claimant) should have already advised the CCBC that the claim has been settled'

 

some further info for eg

http://www.bankruptcy-insolvency.co.uk/legal_issues_explained/certificate_of_satisfaction.php

Edited January 27, 2012 by Ford

[capcom]

Update, following further investigation on the paperwork I have,which can be supported. Also I have requested a SAR.

 

1. I assume the OC defaulted the account and contracted collections agent A.I.G

2. I made two payments to AIG to satisfy default amount in 06/07 2006, bank records confirm payment

3. I assume A.I.G never passed those payments to OC in 06

4. Nothing heard again

5. Experian Report default marker 04/04/07

6. CCJ registered 13/12/07

7. In April 09, discovered CCJ went for set aside because I made payment, failed unable to prove payment to AIG

8. OC made contact AFTER HEARING to offer settlement amount, I accepted and made payment asap

 

If you recall there were postal strikes late October 07 and my passport confirms from late Oct to early Dec 07, I was not in the country and did not get served paperwork to file defence.

 

Following a cellar clearout, I have discovered a box of paperwork containing the proof of payment to AIG in 06. Cheque book sleeve, rubber stamped, date,amount and sort code of AIG in 06

 

Do I have good grounds for set aside, reclaiming the second payment of 500.00 back and getting the SB marker off file.

[Guest]

you said initially that you paid the ccj amount in 09, 2 years after the ccj! so, how can the ccj be set aside on that issue? was the payment in 06 in satisfaction of the full amount owed? or just the arrears/default at the time? so, maybe there was a later default (07) that wasn't resolved? so they took it to court on that and got the ccj. which you then paid in 09 as agreed. defaults last on file for six years from the date of the actual default. the ccj would be registered, but you can apply for a cert of satisfaction. was the claim issued through northampton? if so, creditor should've informed ct that it had been satisfied. perhaps give northampton a quick call to enquire on that?

Edited February 2, 2012 by Ford

[capcom]

1.

Edited February 3, 2012 by capcom

[capcom]

Hi Ford

 

I have requested a SAR to obtain file, yes the account is now satisfied from 09, so yes I can get a L of S

 

However,

 

I need to ask the question as to why AIG never passed the money or informed the OC confirming full payment, thus removing the need to default and apply for ccj or in 07

 

The ccj set aside hearing only failed because I could not prove payment, I now have that confirmation of payments in 06.

 

Once I have the SAR I will bump this post,

[Guest]

yes, if the full amount was paid prior then could try for the set aside again, now with proof. (they got paid twice for the same debt!?)

in the meantime then maybe don't apply for a cert of satisfaction.

Edited February 3, 2012 by Ford

[capcom]

Yes my thoughts exactly, I will wait for the SAR and obtain the correct information

[Guest]

if it is set aside accordingly, then as you say try and get the 'second' payment back, plus compensation for 'inconvenience'/distress/prejudice etc as a result of their ''mistake'.

Edited February 4, 2012 by Ford