Do you need to remove a CCJ? If you’ve discovered a County Court Judgment on your credit file, this could have dire consequences for many areas of your life. For example:
- Lenders may be unwilling to offer you a mortgage at a decent rate
- You may not be able to rent a home.
- Your job may be at risk if you work in a profession that requires a clean credit record.
You need to get the CCJ set aside if you can. Scroll down to find out how.
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CCJ Removal: What You Need to Know
A CCJ is a court order issued against you if you fail to pay a debt.
If you weren’t previously aware of the CCJ, the most likely explanation is that an organisation (such as a parking management company or a financial institution) has issued court proceedings against you without you knowing about it. This may be because
- the court papers were sent to the wrong address
- you may have been away from home at the time
- you didn’t know what to do when you received the court papers
The court rules only give you 14 days to respond to a court claim. If no response is received within that time, the court works on the assumption that you’re ignoring the claim and issues a default County Court Judgment.
The court then notifies the Registry Trust that a CCJ has been issued against you – that’s the organisation appointed to maintain a Register of judgments, orders and fines.
The Registry Trust then updates the credit reference agencies (such as Experian and Equifax) who make a note of the CCJ on your credit file, often leading to terrible financial consequences.
If it’s been issued unfairly, for example, because you weren’t aware of any claim against you, you may have grounds to remove the CCJ. This means the judgment is cancelled, and the legal process is effectively reset, giving you another opportunity to respond to the claim. Follow these steps to get the CCJ removed.
1. Gather Key Information About Your CCJ
Before taking any steps toward setting aside a CCJ, you need to collect all the relevant details. This information is critical for making informed decisions. Your credit report will typically provide the following:
- The date the CCJ was issued
- The claim number
- The amount owed
- The court that issued the judgment, often the County Court Business Centre
Once you have this information, contact the court to obtain further details, such as the claimant’s identity and the nature of the claim.
2. Determine the Best Course of Action
With the necessary information, you can decide the best way to proceed. There are three ways to remove a CCJ from your credit report:
- Pay the CCJ within a month: If you settle the full amount within 30 days, the CCJ will be removed from your record.
- Wait six years for the CCJ to expire: If you do nothing, the CCJ will remain on your credit report for six years before automatically being removed.
- Apply to have the CCJ set aside: This option is appropriate if you believe the CCJ was issued incorrectly or you had no knowledge of the claim.
The remainder of this article focuses on the third option—applying to have the CCJ set aside.
3. Act Quickly When Applying to Set Aside a County Court Judgment
Time is of the essence when applying to set aside a CCJ. In most cases, courts are more likely to consider your application favourably if you act promptly. Delaying could harm your chances, so it’s crucial to prioritize this as soon as you become aware of the CCJ.
4. Choose the Right Grounds
The court will only set aside a County Court Judgment if there are valid grounds. These include:
- Incorrect service of court papers: If the court papers were sent to the wrong address.
- A strong defence: If you have a valid defence against the claim.
- Other compelling reasons: For example, if you were unaware of the claim due to a change of address.
Carefully consider which grounds apply to your situation, and ensure your arguments are well-founded to avoid undermining your case.
To learn more, read our detailed guide to the grounds for removing a CCJ.
5. Seek the Claimant’s Consent
The process becomes significantly easier if the claimant consents to the judgment being set aside. If there is no opposition, the court is more likely to grant the application. Often, claimants will request full payment of the CCJ before consenting, which may be worth considering to expedite the process.
6. Complete the N244 Application Form
Regardless of whether the claimant consents, you must apply to the court using form N244 to have the CCJ set aside. If the claimant consents to the removal of the CCJ, include evidence of this, typically in the form of a consent order. Our detailed guide on completing the N244 application provides step-by-step instructions.
7. Compile Sufficient Evidence
As the applicant, the burden of proof lies with you. This means gathering and presenting compelling evidence to support your application. Examples include proof of address changes, notification to the claimant of your new address, and any documentation that supports your defence against the original claim.
To find out what other items you may need, take a look at our article outlining what evidence you need to remove a CCJ.
8. Draft a Comprehensive Witness Statement
Your witness statement is a critical piece of evidence, allowing you to tell your side of the story in your own words. It must adhere to the Civil Procedure Rules. Include details such as:
- Dates and details of any address changes
- Reasons for your lack of awareness of the claim
- Actions you took once you became aware of the CCJ
- The impact of the CCJ on your financial life
Ensure your witness statement is truthful, as it holds the same weight as swearing on oath in court.
9. Prepare Thoroughly for the Hearing
Preparation is key to a successful outcome at your hearing. Review all documents thoroughly, including the application notice, witness statement, and any evidence provided by the claimant. Being well-prepared will help you confidently address any questions from the judge.
10. What to Expect at the Hearing
The court will notify you of the hearing details, whether it’s in person or via telephone. During the hearing, both you and the claimant will present your cases, and the judge will ask questions as needed. The judge will then make a decision based on the evidence presented.
Next Steps After the County Court Judgment is Set Aside
If the court decides to set aside your CCJ, it will issue a formal order, which will be sent to you in writing. The court will update the Registry Trust, and the public register will reflect this change within 24 hours. Credit reference agencies will then update your credit report by removing the CCJ, usually within a week, significantly improving your credit score.
Getting a CCJ removed can be a complex process, but with the right approach, it’s possible to clear your credit file and improve your financial situation. Act quickly, gather strong evidence, and seek legal advice if necessary to enhance your chances of success.
FAQs about CCJ Removal
Below are some concise answers to common questions about removing CCJs, including how they affect your credit score and the steps to remove them. If you need to get rid of a CCJ from your credit file, this guide will provide the essential information to manage and hopefully remove a CCJ effectively.
What is a CCJ?
A County Court Judgment (CCJ) is a UK court order registered against you if you fail to repay a debt, affecting your credit score and future creditworthiness.
What is a default judgment?
A default judgment is a type of CCJ issued by a court if a defendant fails to respond to a claim in time. Most CCJs are default judgments. Read More
How does a CCJ affect you?
A CCJ causes your credit score to go down, making it more difficult to get a mortgage or other credit. It can also affect your career. Read More
How long does a CCJ last?
A CCJ stays on your credit record for six years from the judgment date unless paid within a month. During this time, your credit score is negatively impacted.
Can I get a CCJ removed?
Yes, If the CCJ is a default judgment, it can be removed from your credit file if you pay within one month or apply to have it set aside. Otherwise, it stays on your record for six years. Read More
When can I get a CCJ set aside?
You can apply to have a CCJ set aside in some circumstances, such as not receiving court paperwork or if it was issued in error. Read More
Will removing a CCJ improve my credit score?
Yes, removing a CCJ will boost your credit score. A CCJ is a negative mark, so removing it will improve your score, depending on your credit history. Read More
Will my credit score go up when a CCJ is removed?
Yes, your credit score will improve if a CCJ is removed, especially if it was the only negative mark. The extent of improvement depends on your overall credit history.
Can you ask a creditor to remove a CCJ?
Creditors can’t remove a CCJ; only a court can. However, if the creditor agrees, you can apply for a consent order to simplify the set-aside process. Read More
What if the CCJ was sent to the wrong address?
If a CCJ was sent to the wrong address, you can apply to have it set aside using form N244, explaining the address error with evidence. Read More
Does a CCJ go against your address?
A CCJ is registered against an individual, not an address. However, it appears on your credit record and is linked to your current and previous addresses.
Can a default judgment be set aside if you didn’t know about the claim?
Yes. Provided you act promptly, a court is likely to set aside the default judgment if you can prove you weren’t aware of the claim. Read more
Can a parking company give you a CCJ?
Yes, if you fail to pay a parking fine and the case goes to court, a CCJ can be issued against you. You can apply to set it aside by explaining the situation to the court with evidence. Read More
How do I apply to the court to get a CCJ set aside?
Complete form N244 and submit it to the court with a valid reason. You may be invited to a court hearing at which you can present evidence.
How do I complete an N244 Form?
Provide personal details, explain why you’re requesting the court to set aside the judgment, and include evidence. Legal advice is recommended. Read More
Is it worth paying off a CCJ?
Paying off a CCJ may be advisable as it shows you’ve settled your debt. It will be marked as “satisfied” on your credit file, which is better than an unpaid CCJ. Read More
Will paying a CCJ improve my credit score?
Paying a CCJ won’t remove it unless done within a month, but it will be marked “satisfied,” which is better for your credit score than an unpaid CCJ.
Can a CCJ be removed once paid?
If paid within a month, the CCJ is removed. If paid later, it stays on your record for six years unless set aside. It is marked as “satisfied,” which is still beneficial.
How do you remove a CCJ once paid?
To remove a CCJ after payment, apply for a certificate of cancellation if paid within one month. After one month, it remains marked as “satisfied.”
We hope this page has answered your questions about County Court Judgments (CCJs) and provided you with the guidance you need. Dealing with a CCJ can be challenging, but understanding your options is the first step toward managing your financial situation. If you need further assistance or specific advice, we recommend getting legal advice.
Andrew Crisp is the Principal Solicitor at Mason Bullock Solicitors, where he specialises in employment law and dispute resolution. With over two decades of legal experience, Andrew has built a reputation for his expertise in advising employees on settlement agreements and helping clients navigate complex litigation processes, including the removal of County Court Judgments (CCJs).