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BC - Good Character - Civil Judgment at Small Claims Court
Posted: Mon Apr 15, 2013 11:57 am
by mra
Hello,
I have a question in relation to civil judgments under the UK Immigration Acts (Section 3.8 of the Form AN).
I have a settled civil dispute at the Small Claims Court with my landlord for unpaid rent and deposit (it was a shared house in which all tenants were jointly and severally liable). There is no record of this civil dispute on my Experian, Call Credit, Equifax or Registry Trust reports.
QUESTION: Do I need to disclose this in the Form AN? If so, would it affect my application?
I guess this is a contentious area as I sought advice from two professionals and they have different opinions. One is a barrister who believes I do not need to include it in my application and the other is a Level 3 OISC Advisor who thinks I should mention it.
Any thoughts are much appreciated?
Best wishes
Marcelo
Re: BC - Good Character - Civil Judgment at Small Claims Cou
Posted: Mon Apr 15, 2013 3:10 pm
by Amber
mra wrote:Hello,
I have a question in relation to civil judgments under the UK Immigration Acts (Section 3.8 of the Form AN).
I have a settled civil dispute at the Small Claims Court with my landlord for unpaid rent and deposit (it was a shared house in which all tenants were jointly and severally liable). I was ordered to pay £1,257.08 by 22/12/2010 (£897.08 + £360 for costs). I paid it in full and without appealing on 16/12/2010 (before the court's deadline). There is no record of this civil dispute on my Experian, Call Credit, Equifax or Registry Trust reports.
Copies of the General Form of Judgment/Order can be found at
https://docs.google.com/viewer?a=v&pid= ... JiZTBjY2Q5
QUESTION: Do I need to disclose this in the Form AN? If so, would it affect my application?
I guess this is a contentious area as I sought advice from two professionals and they have different opinions. One is a barrister who believes I do not need to include it in my application and the other is a Level 3 OISC Advisor who thinks I should mention it.
Any thoughts are much appreciated?
Best wishes
Marcelo
It was a civil judgement but wasn't registered as was paid straight away. Declare it and as it's been settled it will not pose any issues.
Posted: Mon Apr 15, 2013 4:29 pm
by mra
Thank you very much for your prompt and helpful reply.
After further reading, I understand that:
1) My CCJ was removed/cancelled from the Register of Judgments, Orders and Fines because I paid it in full and within one month of judgment. Further information on
http://www.trustonline.org.uk/understan ... ing-a-ccj/
2) Despite of having no records at the Registry Trust, I still must provide details of ALL civil proceedings which have resulted in a court order being made against me. Refer to
http://www.ukba.homeoffice.gov.uk/briti ... character/
3) According to the Courts and Tribunals Service, a court order is defined as the enforceable decision of the court. Refer to
http://www.courtsni.gov.uk/en-gb/public ... 0guide.pdf
In summary, your advice is 100% correct. I must disclose this information.
Best wishes,
Marcelo
Re: BC - Good Character - Civil Judgment at Small Claims Cou
Posted: Sun Feb 02, 2014 2:39 pm
by Husssain79
Dear Marcelo,
I am in exact situation as you were last year, can you please post the update on your case and weather you disclosed or not about this court case.
I am also getting mix advise from the experts
I am in favor of disclosing it as I settle the money with in time frame but not sure if I need a lawyer to explain the situation for me or this should not affect my application?
many thanks for your help in advance
Regards
Hussain
Re: BC - Good Character - Civil Judgment at Small Claims Cou
Posted: Mon Feb 03, 2014 2:11 am
by mra
Dear Hussain,
I disclosed the information and provided supporting information, including copies of receipts. My application was successful without any problems.
Each case is different, but I wouldn't take the risk of not disclosing it.
Good luck with you application!
Marcelo
Re: BC - Good Character - Civil Judgment at Small Claims Cou
Posted: Thu Jun 12, 2014 8:44 pm
by Raj5
Amber_ wrote:mra wrote:Hello,
I have a question in relation to civil judgments under the UK Immigration Acts (Section 3.8 of the Form AN).
I have a settled civil dispute at the Small Claims Court with my landlord for unpaid rent and deposit (it was a shared house in which all tenants were jointly and severally liable). I was ordered to pay £1,257.08 by 22/12/2010 (£897.08 + £360 for costs). I paid it in full and without appealing on 16/12/2010 (before the court's deadline). There is no record of this civil dispute on my Experian, Call Credit, Equifax or Registry Trust reports.
Copies of the General Form of Judgment/Order can be found at
https://docs.google.com/viewer?a=v&pid= ... JiZTBjY2Q5
QUESTION: Do I need to disclose this in the Form AN? If so, would it affect my application?
I guess this is a contentious area as I sought advice from two professionals and they have different opinions. One is a barrister who believes I do not need to include it in my application and the other is a Level 3 OISC Advisor who thinks I should mention it.
Any thoughts are much appreciated?
Best wishes
Marcelo
It was a civil judgement but wasn't registered as was paid straight away. Declare it and as it's been settled it will not pose any issues.
Hi Amber,
Is summary warrant a civil judgement?
Re: BC - Good Character - Civil Judgment at Small Claims Cou
Posted: Wed Aug 20, 2014 11:00 am
by Husssain79
Hi Marcelo,
I have applied for Neutralisation in end of May and have disclosed this issue in my application, Glad to hear your case was successful
I should be receiving the result of my application soon as now a days its taking minimum 3 months
Kind Regards
Hussain
Re: BC - Good Character - Civil Judgment at Small Claims Cou
Posted: Sat Sep 27, 2014 10:10 pm
by Kapil193
I am in exact situation as you , can you please post the update on your case and weather you disclosed or not about this court case.
Was your application successful without any problems?
Regards
Kapil