Is it possible to remove a CCJ?

Have you discovered a CCJ registered against your credit profile?

Were you unaware of legal proceedings being issued against you?

Statistics have demonstrated that there is an ever increasing number of CCJ’s being registered against people who know nothing about the Court action.

It is often the case that a debtor will move address and later discover that a CCJ has been registered in default against them. This is normally due to the debtor not being aware of the proceedings or in some cases, not being aware of owing any money at all.

A CCJ is type of court order that can be made by judges in England and Wales. If you fail to repay the money you owe to another person or company, then the CCJ is registered against your name and credit profile. This sets out:

1. How much money is owed;
2. How the money should be repaid; and
3. The deadline by which payment must be made.

CCJ’s will remain listed against your credit profile and with the Register of Judgments, Orders and Fines for a period of 6 years. This in turn will have an adverse affect on your ability to obtain credit during this period and sometimes beyond.

If you have discovered there is a CCJ listed against you, you must act immediately.

There are a number of options available, but not all provide for a complete removal of the CCJ. The option that will be most suitable to you will depend on the circumstances surrounding the CCJ and we would advise you to seek legal advice on where you stand.

Your options in respect of a CCJ are:

1. You can pay the CCJ in full within a month of it being issued. This will remove all details of the CCJ from the court register and your credit profile.
2. You pay the CCJ later than a month (if discovered after that time period). However, you will only be in a position to receive a certificate of satisfaction which confirms that the CCJ has been paid. The CCJ will remain on the register and your credit profile for the 6 year period marked as “satisfied”.
3. You can apply for the judgment to be set aside, if the CCJ is a “default judgment”. A default judgment is a judgment made when you (the defendant) fails to acknowledge the claim or put in a Defence. In these circumstances, judges have discretion to set aside the CCJ i.e. to declare the judgment as unenforceable. This can also be achieved if the Claimant consents to the Judgment being set aside.

If you wish to discuss the option available to you please contact me on 01202 057763 or daniel.pidgley@ellisjones.co.uk.