CCJ Removal

A CCJ is a Court Order for a money judgment which is entered against you by a Claimant who has issued a claim against you. A CCJ can be entered in default (where you fail to respond to a Claim Form within the specified period), on application by the Claimant, or after a Trial or final hearing. A CCJ can be for debts such as parking fines, unpaid bills, or any other form of money claim. If the debt is not settled within a set time period, usually 30 days from the date of the CCJ, it will be registered against your name (or that of your business) on your credit record, and can impact upon credit scores.

There are different ways you can remove a CCJ from your credit record, the first being to pay the debt within 28 days of the date of the CCJ being entered.

If that period has lapsed, you are required to obtain a Court Order to remove the CCJ. There are two methods to obtain a Court Order for the set aside:-

1. By Consent Order (i.e. with the consent of the creditor); or
2. By application to the Court using Form N244.

Dealing with the set aside by Consent Order is usually cheaper and quicker and should be considered before an application to the Court using the Form N244 is submitted.

The entry of the County Court Judgment on your credit record will be removed after 6 years from the date of the Judgment.

To find out more about seeking to set aside your CCJ, please click here to be taken to the CCJ page on our website.  Alternatively, you can telephone 01202 525333 or email ccj@ellisjones.co.uk for more information.

The method by which you can seek to recover money owed to you will largely depend on the circumstances of the matter. Your options to recover owed money will usually include:-

Issuing a Court claim. You are expected to engage in the Pre-Action Protocol before the issue of a claim and could be penalised on costs if you fail to do so.

Engaging in mediation and/or negotiation.

Serving a Statutory Demand. If payment is not made, you can then apply to the Court to make an individual bankrupt (for debts of £5,000 or more) or wind up a company (for debts over £750).

If the Judgment sum is paid within the period specified in the CCJ (which is usually within one month of the date of the Judgment in the case of Default Judgments) the creditor should inform the Court of the payment and the entry on your credit record should be removed.

After that period, the CCJ will be entered on your credit record at the Register of Judgments, Orders and Fines and will remain for six years.

An unsatisfied Judgment is one that has not been paid.

If the Judgment has been marked as satisfied, it confirms that you have paid the sum due (i.e. no monies are owing).

If you have paid the Judgment sum and the entry has not been marked as satisfied, you can make an application to the Court on Form N443 for a Certificate of Satisfaction. Evidence of payment should be provided within the application and a Court fee of £15 is payable.

The entry of a County Court Judgment (whether satisfied or unsatisfied) is likely to have an adverse impact on your credit rating.

It may affect your ability to secure funding (e.g. by way of mortgage, loan or credit card) or your ability to take out a financing agreement (e.g. phone or car contract).

In some circumstances (e.g. the financial sector) the entry of a County Court Judgment can affect your employment opportunities/current employment.

Payment of the County Court Judgment so that the entry is marked as satisfied will usually alleviate the impact on your credit record, but it is likely to still have a negative affect.

You have 28 days from the date of the Judgment to pay the debt to prevent a CCJ being registered on your credit record.  You can pay the claimant at the “address for payment” which is detailed on the Default Judgment.  You should always keep a record of your payment for future reference.

If you receive a Claim Form or a CCJ from the Court you should not ignore it.  These Court documents mean that the Claimant is pursuing you through the Court for the debt they claim you owe.  If you ignore these forms, the CCJ shall become registered against your credit profile and subsequently cause you problems if you wish to request credit, or a mortgage or rental property.

Once the CCJ is entered, the Claimant is entitled to enforce the CCJ. This may lead to a County Court Bailiff or High Court Enforcement Agent being instructed, or other enforcement applications being issued such as an Attachment of Earnings Order, a Charging Order, or an Order to attend court for questioning being issued against you.  This will escalate legal costs, which ultimately the Claimant shall look to recover from you.