What Evidence Do You Need to Remove a CCJ? A Complete Guide

Applying to have a County Court Judgment (CCJ) removed from your credit record requires you to present compelling evidence to the court. The type of evidence you’ll need depends on the specifics of your case. This article outlines how to increase your chances of having a CCJ set aside by providing the proper documentation.

CCJ Sent to Old Address

If your application is based on the court papers being sent to an outdated address, consider presenting the following evidence:

• Driving License: Shows your current address.
• Expired Tenancy Agreement: Demonstrates your previous residence.
• Notice of Termination: From you or your landlord, indicating the end of the tenancy.
• New Tenancy Agreement: Proves your residence when the claim was filed.
• Land Registry Entries: Information available from the Land Registry confirms ownership of your current property.
• Property Transfer Deeds: Evidence of property sale or purchase.
• Utility Bills or Bank Statements: Dated before the claim began, proving your residence.
• Credit Report: Lists your addresses over time.

Other reasons you didn’t receive the claim form

Even if the claim form was sent to the correct address, you might not have seen it before the judgment was entered. This could happen if you were away. Supporting evidence might include:

• Passport Stamps: Show travel dates.
• Holiday Bookings or Flight Confirmations: Prove you were not at home.
• Employer Letter: Confirms you were out of the country.

Communications with the claimant

If your application is based on the claim that the claimant was aware of your new address, relevant evidence could include:

• Notification of Address Change: Letter or email sent to the claimant.
• Credit Report with Correct Address: If you’ve allowed the claimant access to it.

Your Defence

To show you have a real prospect of successfully defending against the claim, provide evidence that supports your case. Remember, the application hearing is not a full trial, but you must prove your defence has at least some merit. Examples of evidence include:

• Parking Charges: If the CCJ relates to a parking charge, provide photos of unclear signs, a parking permit, or authorisation to park.
• Loan Agreements and Credit Cards: Bank statements proving debt repayment would support your case.
• Draft Defence: Outline your defence against the claim. It should briefly state which allegations you deny, admit, or cannot confirm.

Damage to your credit score

Most judges recognise that a CCJ harms your credit score, but it’s best to have evidence of that and its impact on your life. Relevant evidence may include:

• Copy of your credit report: Shows the CCJ entry.
• Mortgage Refusal: Email from a broker.
• Unable to rent: Letter from a landlord or agent.
• Employment Issues: A letter from an employer stating the CCJ’s impact.

Promptness

In most applications, the judge must usually consider whether you’ve acted promptly. If there was a delay, provide evidence explaining why:

• Evidence of When You Learned of the CCJ: An email from a mortgage broker or a credit reference agency.
• Explanation for Delay: A hospital discharge letter or similar documentation.

Evidence you mustn’t show to the court

Avoid showing the court “without prejudice” communications, which are confidential and meant for settlement discussions. These include letters or emails asking the claimant to consent to judgment being set aside.

How to present your evidence to the court

The best way to present each piece of evidence to the court is to arrange copies in date order and refer to them in your witness statement. This is known as exhibiting the evidence.

You should send your evidence to the court by post or email as soon before the hearing as you can. Don’t try to catch the claimant out by sending it late because it may lead to an adjournment of the hearing.

Conclusion

Removing a County Court Judgment (CCJ) from your credit record is a complex process, but it is possible with the right approach and thorough preparation. Successfully setting aside a CCJ involves demonstrating to the court that there were valid reasons for not responding to the original claim or that you have a credible defence. You can build a strong case by gathering evidence such as proof of address, travel documentation, and communication records. It’s also crucial to demonstrate how the CCJ has impacted your life and credit score to highlight the urgency and importance of your application.

Being proactive and timely in your application is essential to demonstrate promptness to the court. Remember to organise your evidence carefully, present it clearly, and avoid including any privileged communications. By following these steps, you can significantly increase your chances of having the CCJ set aside, thereby alleviating its impact on your financial future. This can restore your ability to access credit and improve your overall credit profile, paving the way for a more secure financial standing.