BC - Good Character - Civil Judgment at Small Claims Court

[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

[Amber]

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.

[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

[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

[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

[Raj5]

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?

[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

[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