How to Remove a CCJ Sent to a Previous Address: Step-by-Step Guide

Discovering a County Court Judgment (CCJ) you were unaware of probably means the court documents were sent to a previous address. When you move house, it’s easy to overlook updating your contact details with everyone. However, this oversight can have serious consequences if someone believes you owe them money, potentially leading to a court judgment against you without your knowledge. If you find a CCJ on your credit file, act promptly by following these steps.

Obtain a copy of your credit report

To begin the process of removing a CCJ sent to the wrong address, the first step is to obtain a copy of your credit report. This report will provide vital information about the CCJ, including:

• The name of the court that issued the CCJ
• The claim number
• The date of the CCJ
• The amount of the CCJ

You can obtain a copy of your credit file for free using an online service, such as Experian. Unlike credit checks from other agencies, checking your own credit report does not have a detrimental impact on your credit rating, so feel free to check as often as needed.

Once you have this information, you can contact the court to obtain further details.

Contact the Court

After obtaining your credit report and identifying the basic details of the CCJ, the next step is to contact the court for more information. Here’s how to do it effectively:

Identifying the Correct Court

Most CCJs are issued by the Civil National Business Centre. However, if a different court issued the CCJ, you can find their contact details here.

Information to Request from the Court

The best way to contact the court is to phone them. Provide the claim number so they can locate your file quickly. Be prepared to confirm your identity by giving your current address as well as any previous addresses. You should ask the court to provide you with the following information by email:

• The address to which the claim form was posted
• The identity of the claimant
• The date of service of the claim form
• The identity of the claimant’s solicitors (if any)
• The particulars of claim

Get legal advice

Once you have obtained all the relevant information from the court, this is a good time to get an initial assessment from a legal adviser. A legal professional can help you understand your prospects of successfully having the CCJ removed and guide you through the process.

Why Legal Advice is Important

Getting expert legal advice is crucial because:

• Understanding Your Case: A legal adviser can assess your case and identify any weaknesses and how to address them.
• Legal Steps: They can explain the legal and practical steps needed to remove the CCJ.
• Improving Your Chances: Professional advice can significantly improve your chances of successfully removing the CCJ.

What Information to Provide to Your Adviser

When consulting with your legal adviser, provide them with:

• All case details obtained from the court
• Information about any changes of address around the date of the CCJ

Many law firms offer a free initial consultation.

Assessing Your Chances of Success

Understanding your likelihood of success in having the CCJ set aside is crucial. Various factors influence the court’s decision, and knowing these can help you prepare better.

Factors the Court Considers

The court will evaluate several issues when deciding whether to set aside a CCJ:

• Correct Service of the Claim Form: The court rules require that the claim form is served by posting it to the defendant’s usual or last known residence. If the claimant knew or should have known that you had moved, the claim form would be deemed not to have been served, making the CCJ irregular and requiring the court to set it aside.
• Defence to the Original Claim: Even if the claim form was correctly served, the court can still set aside a CCJ if you demonstrate that you have a good defence to the original claim.
• Other Good Reasons: The court may consider other valid reasons for setting aside the CCJ, such as the CCJ having a detrimental impact on your ability to obtain credit or putting your job at risk.

Whatever the basis for your application, you will need to provide evidence to support your application to set aside the CCJ, such as documents showing a change of address, a copy of your credit report or correspondence with the claimant.

Possible Outcomes

• CCJ Set Aside: If the court sets aside the CCJ, it will automatically be removed from your credit history.
• Application Rejected: If the court finds that the claim form was correctly served and you do not have a sufficient defence or other valid reasons, the application to set aside the CCJ may be rejected.

Understanding these factors can help you prepare your case effectively, improving your chances of a successful outcome.

Will the Claimant Consent to the CCJ Being Removed?

While only a court can order that a CCJ be set aside, obtaining the claimant’s consent can significantly simplify the process.

Understanding Consent Orders

If the claimant consents to the judgment being set aside, you might not need to attend a court hearing. Instead, both you and the claimant can sign a document called a consent order, which is then submitted to the court for endorsement.

• Consent Order: This is a legal document signed by both parties agreeing to set aside the judgment.
• Court Endorsement: Usually, the court will endorse the consent order, effectively setting aside the CCJ.

Steps to Obtain a Consent Order

1. Contact the Claimant: Reach out to the Claimant or their legal representative and explain your situation.
2. Negotiate Terms: Discuss the terms under which they would agree to set aside the CCJ. Ensure all communication is documented.
3. Draft the Consent Order: Draft the consent order for both parties to sign.
4. Submit to Court: Submit the signed consent order to the court for their approval.

Once the CCJ is set aside, it will be removed from your credit history as if it never existed.

Frequently Asked Questions (FAQs) about a CCJ sent to the wrong address

Can a CCJ be removed from my credit report if it was sent to the wrong address?

Yes, if you can prove that the CCJ was sent to a previous address and you had no knowledge of it, you should be able to have it set aside.

What should I do if I suspect a CCJ was issued to my previous address?

First, obtain your credit report to confirm the details of the CCJ. Then, contact the court with the claim number. They will tell you the address to which the claim was sent and the identity of the claimant.

What is the process for setting aside a CCJ?

To set aside a CCJ, you must apply to the court using form N244 and provide evidence that the claim was sent to a previous address. The court will consider your application and decide whether to remove the CCJ from your record.

How long does it take to have a CCJ set aside?

The time frame can vary depending on the court’s schedule and the complexity of your case. Resolving the issue can take several months, especially if a court hearing is required. It may be quicker if the claimant consents to the judgment being set aside.

Will removing the CCJ improve my credit score immediately?

If the court sets aside the CCJ, it will be removed from your credit report, which will improve your credit score significantly. The process may take a few days to reflect in your credit report.

Conclusion

Discovering a CCJ sent to the wrong address can be a distressing experience, but taking prompt and informed action can help rectify the situation. By following this comprehensive guide, you can navigate the process of setting aside the judgment effectively.

Start by obtaining your credit report to gather essential details about the CCJ. Contact the court to get further information and consult with a legal adviser to assess your chances of success. Understanding the factors the court considers and the potential outcomes will prepare you for the next steps.

If the claim form was incorrectly served, you have a strong case for having the CCJ set aside. Even if it was correctly served, you might still succeed if you have a good defence or other valid reasons. Additionally, securing the claimant’s consent through a consent order can streamline the process and avoid a court hearing.

Taking these steps promptly and seeking professional legal advice will significantly improve your chances of removing the CCJ from your credit history. We wish you success in resolving this matter and restoring your credit rating.

If you need further assistance or have any questions, consider contacting specialised legal services or consulting with a legal professional.