A CCJ is typically issued when you’ve been unable to repay a debt and the person or organisation you owe money to, known as the creditor, has taken the matter to court. If the court agrees with the creditor that you owe the money, they will issue a CCJ against you. This judgment outlines how the debt should be repaid and can dictate the repayment terms to get CCJ set aside.
Addressing a CCJ promptly is of utmost importance. If left unattended, a CCJ can have severe implications for your financial health. It can tarnish your credit record for six years, making it difficult to secure loans, mortgages, or even mobile phone contracts. It could also potentially affect your employment prospects, particularly if you work in finance or other roles that require a clean credit record.
In the following sections, we will delve deeper into the intricacies of CCJs, including how to set one aside and clear your credit record. Whether you’re dealing with a CCJ or simply want to be prepared, this guide will provide you with the necessary knowledge to navigate these potentially challenging situations.
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Understanding CCJs
A County Court Judgment (CCJ) is a type of court order in England and Wales that can be registered against you if you fail to repay money you owe. This is not a criminal offence, but it is a serious matter that can have significant implications for your financial future.
The Process of Getting a CCJ
The process of getting a CCJ begins when a creditor decides to take legal action because you have not repaid a debt. The creditor will apply to the County Court, detailing the amount of debt and who it is owed by. The court will then send you a ‘claim form’, which outlines the amount you owe and who you owe it to.
You have 14 days from receiving the claim form to respond. If you agree that you owe the money, you can fill out the admission form and propose a repayment plan. If you disagree, you can dispute the claim by filling out the defence form. If you do not respond within 14 days, the court will usually issue a CCJ against you by default.
Once a CCJ has been issued, it will detail how much money you owe, how to pay (in full or in instalments), who you have to pay, and the deadline for payment. If you do not stick to the terms of the CCJ, your creditor can take further enforcement action.
The Consequences of Having a CCJ on Your Credit Record
Having a CCJ on your credit record can have serious consequences. It will appear on your credit report for six years from the date of the judgment, even if you pay off the debt in full. During this time, it can make it more difficult for you to secure credit or loans. Lenders may see you as a higher risk and may therefore refuse credit or charge you higher interest rates.
Moreover, certain jobs, particularly in finance, require employees to have a clean credit record. Therefore, having a CCJ could potentially affect your employment prospects.
How to Set Aside a CCJ
Setting aside a CCJ essentially means asking the court to ‘cancel’ the judgment. This is not a step to be taken lightly, as it requires a valid reason and potentially involves additional court fees. However, if successful, it can remove the CCJ from your credit record.
Reasons to Set Aside a CCJ
You might have grounds to set aside a CCJ if:
- You did not receive, or were not aware of, the original claim form from the court.
- The claim form was sent to an old or incorrect address.
- You paid the debt in full before the judgment was issued.
- There was a mistake in the judgment.
Step-by-Step Guide to Setting Aside a CCJ
- Check if you have a valid reason: As mentioned above, you need a valid reason to set aside a CCJ. If you’re unsure, it might be worth seeking legal advice.
- Fill out the application form (N244): You can download this form from the UK government’s website. In the form, you’ll need to explain why you didn’t respond to the original court claim and outline your defence against the claim.
- Pay the application fee: As of the time of writing, the fee to apply to set aside a CCJ is £255. However, if you’re on a low income or certain benefits, you might be able to get help with court fees.
- Send the form to the court: You need to send your completed form to the court that issued the CCJ. You should also send a copy to the creditor.
- Attend a court hearing: The court will arrange a hearing where you can explain why you believe the CCJ should be set aside. It’s crucial to attend this hearing.
- Wait for the court’s decision: If the court agrees to set aside the CCJ, the original claim will be cancelled, and you’ll have the chance to respond to it properly.
Please note that setting aside a CCJ does not mean the debt goes away. If the court agrees to set aside the judgment, the original claim will still exist. You will then have the opportunity to pay the debt or dispute it.
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Addressing a CCJ Sent to the Wrong Address
One common reason why people find out about a CCJ too late is because the court papers were sent to an old or incorrect address. This can happen if you moved and did not update your address with all your creditors, or if there was a mistake when entering your address details.
Implications
If a CCJ is sent to the wrong address, you might not become aware of it until you check your credit report or apply for credit and get refused. By this time, the CCJ may have been registered and can affect your credit score for six years.
Moreover, if you were not aware of the CCJ, you would not have had the opportunity to defend yourself against the claim. This can be particularly problematic if you had a valid defence or if the claim was incorrect or fraudulent.
Steps to Take
- Check your credit report: If you suspect that a CCJ may have been issued against you, the first step is to check your credit report. This will show any CCJs registered in your name.
- Find out the details: If a CCJ is listed on your credit report, you can find out more details from the court that issued it. This includes the amount of the debt, who the creditor is, and the address the court papers were sent to.
- Apply to set aside the CCJ: If the CCJ was issued because the court papers were sent to the wrong address and you did not have a chance to defend the claim, you can apply to have the CCJ set aside. This involves filling out form N244 and explaining the situation to the court.
- Update your address with your creditors: To prevent this situation from happening again, make sure to update your address with all your creditors every time you move.
Remember, it’s important to seek legal advice if you’re unsure about any of these steps or if you need help with the process. In the next section, we will discuss how to set aside a CCJ default judgment.
Setting Aside a Default Judgment
A default judgment is a type of County Court Judgment (CCJ) that can be issued if you do not respond to a court claim within the specified time limit, usually 14 days. This means that the court has made a decision without hearing your side of the story.
Implications of a Default Judgment
A default judgment can have serious implications. It can significantly impact your credit score and make it difficult for you to obtain credit in the future. It can also lead to enforcement action, such as bailiffs being sent to your home to collect the debt.
How to Set Aside a CCJ Default Judgment
If a default judgment has been issued against you, it’s not the end of the line. You can apply to have the judgment set aside, but you’ll need to act quickly. Here’s how:
- Act promptly: The sooner you act, the better your chances of having the default judgment set aside. Courts look favourably on prompt action.
- Fill out the application form (N244): This is the same form used to set aside a regular CCJ. You’ll need to explain why you didn’t respond to the original court claim and outline your defence against the claim.
- Provide a good reason: You’ll need to provide a good reason why you didn’t respond to the original claim. This could be because you didn’t receive the claim form, or because there was an error in the claim.
- Outline your defence: You’ll also need to outline your defence against the claim. This means explaining why you don’t owe the debt, or why you owe less than the amount claimed.
- Attend a court hearing: After you submit your application, the court will arrange a hearing. You’ll need to attend this hearing to explain your case.
- Wait for the court’s decision: If the court agrees to set aside the default judgment, the original claim will be cancelled, and you’ll have the chance to respond to it properly.
Remember, setting aside a default judgment does not mean the debt goes away. If the court agrees to set aside the judgment, the original claim will still exist. You will then have the opportunity to pay the debt or dispute it.
The Impact of a CCJ on Your Credit Score
A County Court Judgment (CCJ) can have a significant impact on your credit score. It’s a serious type of court order that indicates you’ve been unable to repay a debt. As such, it can make it more difficult for you to obtain credit in the future.
How a CCJ Affects Your Credit Score
When a CCJ is issued, it will be recorded on the Register of Judgments, Orders and Fines for six years. This information is used by credit reference agencies to update your credit file, and it can significantly lower your credit score.
Lenders check your credit file when you apply for credit, so they will be able to see any CCJs against you. This can make them more reluctant to lend to you, as it suggests you may struggle to repay the debt. As a result, you may find it harder to get a mortgage, loan or credit card. Even if you do manage to obtain credit, you may be charged a higher interest rate.
The Importance of Clearing Your Credit Record
Clearing your credit record by setting aside a CCJ can help to improve your credit score. If the CCJ is set aside, it will be removed from the Register of Judgments, Orders and Fines, and the reference to it on your credit file will be deleted.
However, setting aside a CCJ can be a complex process, and it’s not always possible. It’s important to take action as soon as you become aware of the CCJ, and to seek legal advice if necessary.
FAQs
What is a CCJ?
A County Court Judgment (CCJ) is a type of court order in England and Wales that might be issued against you if you fail to repay money you owe.
How long does a CCJ stay on my credit record?
A CCJ will stay on your credit record for six years from the date of the judgment, unless you pay the full amount within a month or successfully apply to have it set aside.
Can I get a CCJ removed from my credit record?
Yes, you can get a CCJ removed from your credit record if you pay the full amount within a month, or if you successfully apply to have it set aside. If you pay after a month, you can get the CCJ marked as ‘satisfied’ on your credit record, but it will not be removed.
How do I apply to set aside a CCJ?
You can apply to set aside a CCJ by filling out a form called N244 and sending it to the court. You’ll need to provide a good reason why you didn’t respond to the original court claim and outline your defence against the claim.
What happens if a CCJ is sent to the wrong address?
If a CCJ is sent to the wrong address, you can apply to have it set aside. You’ll need to explain to the court that you didn’t receive the claim form because it was sent to the wrong address.
Can I set aside a default judgment?
Yes, you can apply to set aside a default judgment in the same way as a regular CCJ. You’ll need to provide a good reason why you didn’t respond to the original claim and outline your defence against the claim.
How does a CCJ affect my credit score?
A CCJ can significantly lower your credit score. It will be recorded on your credit file for six years, making it more difficult for you to obtain credit during this time.
Conclusion
A County Court Judgment (CCJ) can have a significant impact on your credit record and financial future. However, it’s important to remember that you have options. Whether a CCJ has been issued due to a debt you genuinely owe, or it’s the result of an error or a judgment sent to the wrong address, there are steps you can take to address the situation.
Setting aside a CCJ is one such step. While the process can be complex, it’s a worthwhile endeavour if you believe the CCJ was issued unfairly or in error. Remember, it’s crucial to act quickly and seek legal advice if necessary.
At Become Debt Free, we understand the stress and worry that comes with dealing with CCJs and other debt-related issues. As licensed insolvency practitioners based in Leeds, we offer advice and solutions for individuals nationwide. We provide Individual Voluntary Arrangements (IVAs) and other services to help you navigate your financial difficulties.
Don’t let a CCJ dictate your financial future. Take the first step towards clearing your credit record today. Call us on 0800 169 1536 or leave an enquiry on our website. We’re here to help.
References
The primary sources for this article are listed below.
Court and tribunal fees – GOV.UK (www.gov.uk)
County court judgments for debt: Overview – GOV.UK (www.gov.uk)
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