Page 1 of 1

bank accounts defaulted - bad credit history - CCJ

Posted: Thu May 23, 2013 5:12 pm
by canon123
Can we get a successful ILR with bank accounts defaulted, bad credit history and CCJ

Please advise!!

Re: bank accounts defaulted - bad credit history - CCJ

Posted: Thu May 23, 2013 5:37 pm
by Amber
canon123 wrote:Can we get a successful ILR with bank accounts defaulted, bad credit history and CCJ

Please advise!!
Well it depends. If the applicant shows no intention of paying off their debts then that is a general grounds for refusal. Therefore, ensure that payments are being made, even if just £1pcm token payments. Rather than bury their head in the sand, they should seek advice - The National DebtLine

Posted: Thu May 23, 2013 6:54 pm
by sheraz7
If you are still in touch/agreement with bank then it might not affect.

Posted: Fri May 24, 2013 12:38 pm
by bipsan
sheraz7 wrote:If you are still in touch/agreement with bank then it might not affect.
I did check with Immigration lawyer on this issue and he said, if your debt is not paid and its still chasing by agencies its OK, but if Agencies had reported to court and the court has issued summons then its problem. but if summons are attended by you and followed by court decision then its OK.

Hope this information helps

Posted: Fri May 24, 2013 12:49 pm
by Amber
bipsan wrote:
sheraz7 wrote:If you are still in touch/agreement with bank then it might not affect.
I did check with Immigration lawyer on this issue and he said, if your debt is not paid and its still chasing by agencies its OK, but if Agencies had reported to court and the court has issued summons then its problem. but if summons are attended by you and followed by court decision then its OK.

Hope this information helps
It is not ok if you show no intention of paying off debts. Whether the UKBA discover this fact is another issue.

Posted: Fri May 24, 2013 3:26 pm
by sheraz7
You must be in touch/agreement with the bank and any other bailiff/enforcement agency who has been allocated for this case.

Posted: Fri May 24, 2013 4:01 pm
by canon123
i do remember summons were issued in 2008 but i havent attended the court. I did a credit check in experian this morning. it doesnt show any CCJ's on my name. But 4 accounts are in default.

will call the relevant people and can set up a payment plan.

i also checked online with my name on http://www.trustonline.org.uk/understan ... cj-checks/

cant find any CCJ records or any criminal records on my name at the current address.

How can i check the same on all my previous addresses, Credit check doesnt show any CCJ thought, but i am definately sure summons were issued in 2008 and at that time my situation was worst as i havent had a job in hand.

Can you please suggest where to check for CCJ

Thanks

Posted: Fri May 24, 2013 4:43 pm
by rachsach
canon123 wrote:i do remember summons were issued in 2008 but i havent attended the court. I did a credit check in experian this morning. it doesnt show any CCJ's on my name. But 4 accounts are in default.

will call the relevant people and can set up a payment plan.

i also checked online with my name on http://www.trustonline.org.uk/understan ... cj-checks/

cant find any CCJ records or any criminal records on my name at the current address.

How can i check the same on all my previous addresses, Credit check doesnt show any CCJ thought, but i am definately sure summons were issued in 2008 and at that time my situation was worst as i havent had a job in hand.

Can you please suggest where to check for CCJ

Thanks
You need to add all addresses from the last 6 years when applying for a credit report as financial information on accounts, CCJ, IVR etc are kept on credit report for 6 years. It may be that the credit report you have obtained from Experian this morning is not your full report if you have not included all your previous adresses from last 6 years.

I suggest you to include all addresses from last 6 years on your report and if CCJ is not listed then we know for sure that there are no CCJ's against you.

Hope this helps.

Thanks
Romi

Posted: Fri May 24, 2013 4:44 pm
by Amber
canon123 wrote:i do remember summons were issued in 2008 but i havent attended the court. I did a credit check in experian this morning. it doesnt show any CCJ's on my name. But 4 accounts are in default.

will call the relevant people and can set up a payment plan.

i also checked online with my name on http://www.trustonline.org.uk/understan ... cj-checks/

cant find any CCJ records or any criminal records on my name at the current address.

How can i check the same on all my previous addresses, Credit check doesnt show any CCJ thought, but i am definately sure summons were issued in 2008 and at that time my situation was worst as i havent had a job in hand.

Can you please suggest where to check for CCJ

Thanks
You check for CCJs at trust online which you have checked. Providing you are making payments there should be no issue.

Posted: Fri May 24, 2013 5:58 pm
by bipsan
rachsach wrote:
canon123 wrote:i do remember summons were issued in 2008 but i havent attended the court. I did a credit check in experian this morning. it doesnt show any CCJ's on my name. But 4 accounts are in default.

will call the relevant people and can set up a payment plan.

i also checked online with my name on http://www.trustonline.org.uk/understan ... cj-checks/

cant find any CCJ records or any criminal records on my name at the current address.

How can i check the same on all my previous addresses, Credit check doesnt show any CCJ thought, but i am definately sure summons were issued in 2008 and at that time my situation was worst as i havent had a job in hand.

Can you please suggest where to check for CCJ

Thanks
You need to add all addresses from the last 6 years when applying for a credit report as financial information on accounts, CCJ, IVR etc are kept on credit report for 6 years. It may be that the credit report you have obtained from Experian this morning is not your full report if you have not included all your previous adresses from last 6 years.

I suggest you to include all addresses from last 6 years on your report and if CCJ is not listed then we know for sure that there are no CCJ's against you.

Hope this helps.

Thanks
Romi
Hi Canon123...
I do agree with Romi, you need to give your last 6 years address to obtain full report. once you added your last 6 years of address wait for 24 hours to update and then again check your credit report.

regds,
bipsan

Posted: Mon May 27, 2013 11:47 am
by canon123
ok i linked all previous address and there is a CCJ against me in 2009 for 750GBP. If i call them and try to setup a payment plan is that ok or do i need to pay the whole in full before applying for ILR...

Also this CCJ was in 2009 which i was not aware of when i applied for Tier1 general extension. Does it mean i used deception when extending my Tier1 visa as i have not declared this CCJ in my Tier1 extension application.

Please advise!!!!!

I will setup payment plan with all of the above accounts.

Posted: Tue May 28, 2013 8:15 am
by canon123
any suggestions please

Posted: Tue May 28, 2013 9:47 am
by Amber
canon123 wrote:ok i linked all previous address and there is a CCJ against me in 2009 for 750GBP. If i call them and try to setup a payment plan is that ok or do i need to pay the whole in full before applying for ILR...

Also this CCJ was in 2009 which i was not aware of when i applied for Tier1 general extension. Does it mean i used deception when extending my Tier1 visa as i have not declared this CCJ in my Tier1 extension application.

Please advise!!!!!

I will setup payment plan with all of the above accounts.
If you did not know about something it is not deception (no intent).

You should either negotiate a repayment plan with the creditor/whoever is dealing with the CCJ or if they do not accept send an N244 form to the court to vary the monthly payment based on your financial circumstances. You see contact The National Debtline. Providing you show intention to pay debts you should be ok.

Posted: Tue May 28, 2013 4:06 pm
by rakeysh.patel
I had magistrate court ruling against me, not sure where this falls compared to CCJ. From my experience - if you were not aware of the court decision, you could start from Magistrate's court and file Statutory Declaration, only if you intend to fight this. Even if you not, this starts the process from scratch, ie prosecutor have to re open the case and ask for you to attend the court. If Magistrate do grant you statutory declaration, you have a chance to negotiate with prosecutor before the case ends in court again. That might help you revoke court decision completely.

Please note that my advise is not of professional capacity

Posted: Tue May 28, 2013 4:32 pm
by canon123
has anyone used the above process of statutory declaration for CCJ if they are not aware of it until you checked credit reports

thanks for the above responses!!

Posted: Tue May 28, 2013 5:34 pm
by Amber
canon123 wrote:has anyone used the above process of statutory declaration for CCJ if they are not aware of it until you checked credit reports

thanks for the above responses!!
A statutory declaration is for a conviction nothing at all to do with CCJS which are civil!

As I said above if you have reasons for the CCJ to be set aside then seek advice at your local CAB and you will need to use form N244!

Posted: Tue May 28, 2013 5:41 pm
by rakeysh.patel
Apologies for invalid comment in this case !!