# CCJ and Civil Judgement



## alphaola (Dec 3, 2012)

My partner is in the process of filling in her ILR application, under section 9.3 it ask about civil judegment and she has a CCJ. Does she need to declare the CCJ even though she already paid it off.


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## 2farapart (Aug 18, 2011)

How long ago was it?

If the judgement was over 5 years ago and was no more than a fine (ie didn't involve any custodial sentence), it usually doesn't need to be declared (as per the Rehabilitation Of Offenders Act 1974). If within the last 5 years, she will need to declare it.


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## alphaola (Dec 3, 2012)

2farapart said:


> How long ago was it?
> 
> If the judgement was over 5 years ago and was no more than a fine (ie didn't involve any custodial sentence), it usually doesn't need to be declared (as per the Rehabilitation Of Offenders Act 1974). If within the last 5 years, she will need to declare it.


It was issued in 2011 and she paid the debt off fully last year as per the agreement between her and the debt agency. Can i also point out that she didnt had to go to court but the monthly payment agreement was through the paper she got from the court.


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## 2farapart (Aug 18, 2011)

As the payment was ordered by the court and it was within the last 5 years, she will need to declare the details. It might help if she is able to explain in a separate letter to accompany her application how the problem came about so that UKBA don't question whether she's of 'good character'.


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## alphaola (Dec 3, 2012)

she has checked her experian credit report and she cant find no CCJ on there, could it be that she doesnt have a ccj.


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## alphaola (Dec 3, 2012)

Also taking this into consideration as she is going to declare the CCJ, is it still advisable to go for PEO appointment. Thats the only draw back with her application everything else is straight forward.


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## 2farapart (Aug 18, 2011)

alphaola said:


> she has checked her experian credit report and she cant find no CCJ on there, could it be that she doesnt have a ccj.


If she was ordered by a court to pay, then it really needs to be declared (there will be court records of the case). If she doesn't, much more harm could result than declaring and explaining the judgement in the first place. UKBA's powers of search and intelligence-gathering are pretty extensive (especially within the UK) but I have no idea whether a CCJ would show up; equally, I don't know whether a UK court would file any record with UKBA when a judgement is made against a visa-holding resident either. It's a tough one to call, but you would have much more to lose by not declaring it and subsequently being caught deliberately witholding information.

Regarding same-day appointments, it's a risk. I would recommend only opting for a same-day appointment if your partner has a strong explanation about why she had to be ordered by a court to pay a debt (for example: if she believed that lawfully she should not be liable for the debt because services or goods were not supplied). If on the other hand she simply didn't have the money or had forgotten the debt, there is a stronger possibility that the money for a same-day appointment will be lost and she'll need to apply again by post. I only know of one ILR applicant who had a single court judgement against him. He didn't give details of the judgement (nature of crime or resultant penalty but did think the charge was minor enough that he would risk applying for a same-day appointment). After some questioning, the caseworker took his papers away and consulted a senior officer about the case. After a nerve-racking 30 minutes, the caseworker returned and informed him that he would be granted his ILR. So it's not impossible, but it IS a risk only worth opting for if you think the gamble of the £1300 or so it costs for ILR is a fair trade-off for a hopeful quick turnaround.


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## Joppa (Sep 7, 2009)

UKBA has access to UK credit file through credit reference agencies, Experian, Equifax etc (commercial agencies), and it's routinely consulted (like many other commercial and public-sector organisations).


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## Guest (Jan 6, 2013)

CCJ only stays on your file, for 6yrs or 5 in scotland, if you do not pay the debt. If you pay it they take it off so she doesn't have one anymore.


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## Joppa (Sep 7, 2009)

But CCJs stay on your credit file for 6 years regardless of if the debt is settled or not, so UKBA, who routinely screen applicants against credit file, will find out about it.


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## Guest (Jan 6, 2013)

I had this just after my uni years unless they have changed it debt still shows as late paying X months ago and oustanding amount shows as settled. If you pay immediatly the CCJ is removed, if you pay in full anytime in between you can apply to have it removed. But obviously bad historial debt still shows for the 6yrs. 

But that said what would civil debt have to do with UKBA? Its not a criminal offence & especially in times like this many have debt, its shocking if they judge applications by that! The more I discover about the UK system the more I dislike it


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## alphaola (Dec 3, 2012)

The PEO appointment, we've decided to ahead


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## alphaola (Dec 3, 2012)

The peo appointmnent is next week, we will be going ahead with the application. I dont really see this hinderance as the ccj has been satisfied, she has a good job 26k for a year now, no criminal offence. It would be dead extreme to refuse based on satisfied ccj. We would try to get certificate of satisfaction and include it.


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## fsog23 (Aug 20, 2012)

2farapart said:


> If the judgement was over 5 years ago and was no more than a fine (ie didn't involve any custodial sentence), it usually doesn't need to be declared (as per the Rehabilitation Of Offenders Act 1974). If within the last 5 years, she will need to declare it.


I received my spouse visa under new rules a few months ago and will apply for FLR in 2015.

I have a civil judgement (just a fine - no sentence) on my credit report from 2008. Under UK rules I don't have to declare it since it will be over 5 years old when I apply for FLR.

However, judgements stay on US credit record for 7 years if not longer. My questions are:

1. Does UKBA have access to my US credit record?
2. If yes, and I do not declare since it will be older than 5 years, will UKBA frown against the fact that I didn't declare it since they would be able to see it on the record?


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## Joppa (Sep 7, 2009)

If in doubt, the best course of action is to declare it, and UKBA will take it into account or ignore it as appropriate.


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## desmortess (Nov 22, 2012)

alphaola said:


> she has checked her experian credit report and she cant find no CCJ on there, could it be that she doesnt have a ccj.


CCJs, court orders & fines - Search yourself and others - Trust Online

Check the above site for more information about CJJ and other court judgements against you. They do charge min - £2or 3 not sure and max - £10


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## desmortess (Nov 22, 2012)

One thing which I really dont understand is :

Is DEFAULT and CJJ are same?

I was in UK in till JAN 2012 and further I left to India. Then on August I found out I had some payments to pay and I paid all off. I discovered this after I went through my credit file. Anyway, I have got 7 Default and I checked on my credit file too. All are settled with right payments. In my credit file, it did not say anything about CJJ so practically I have got no CJJ. 

Further I have checked with Trust online too and there is no case registered against me in old and present address too.

I will be applying for my visa soon and worried that whether I had CJJ or not? Because there is one question asking me

9.3. do you or any dependants who are applying with you have any civil judgments against you or any civil penalty under the UK Immigration Acts?

I really dont know what to answer.


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## 2farapart (Aug 18, 2011)

A CCJ is a County Court Judgement. Basically, it's a situation where you attended a court, and the judgement was ruled against you, and you were wither sentenced or ordered to pay a fine.

A default is more a case of not keeping up payments on a mortgage or loan. These aren't convictions and don't need to be declared unless you have been taken to court and ordered by a court to pay.


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## Joppa (Sep 7, 2009)

2farapart said:


> A CCJ is a County Court Judgement. Basically, it's a situation where you attended a court, and the judgement was ruled against you, and you were either sentenced or ordered to pay a fine.


You don't get sentenced or ordered to pay a fine in a county court, which is a civil court. You can get a (civil) judgement against you or the case is thrown out. Civil judgement is an order to pay the amount due, plus any damages etc. Not paying it isn't a criminal offence but the court can take enforcement actions by sending in a bailiff to seize your goods (like your car) or making an attachment order so that it's taken from your salary by instalment etc. 

This wasn't always the case and in Victorian England, debtors were routinely sent to jail called a debtors' prison, the most famous being the Marshalsea just south of the Thames in London.


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