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If you’re in debt you may be issued with a County Court Judgment (CCJ) to force you to repay what you owe.
It’s important to know what to do if you’re issued with a CCJ. In this article we’ll look at County Court Judgments in more detail, focusing on what a CCJ is, how to find out if you’ve been issued with one and if you can have a CCJ removed from your credit record.
What is a County Court Judgment (CCJ)?
A County Court Judgement, also known as a CCJ, is a legal decision issued by a county court in England and Wales.
You’ll typically receive a CCJ if you’ve failed to repay or if you haven’t complied with a court order.
Credit reference agencies will be made aware of your CCJ and it will appear on your credit record for six years unless the full amount is paid within a month of the judgment being issued.
It’ll be removed form your credit file after six years when you can begin building your credit score again.
If you don’t believe that you’re responsible for the debt, you can apply to the court to have the judgment cancelled, also known as having it set aside.
However, it’s always best to seek professional advice if you receive a CCJ or are facing legal action over a debt.
How will I know if I’ve been issued with a CCJ?
A CCJ is usually delivered by post. The letter should explain that you’ve had a CCJ issued against you, how to respond to the CCJ and what court action you could face if you don’t respond.
If you’ve moved house and are worried a CCJ letter could have been sent to an old address, you can check the Register of Judgments, Orders and Fines.
This is a public register that will tell you:
- the date the judgment was made
- the amount of money owed
- the name of the count that issued the judgment
Can I be issued with a county court judgment (CCJ) and not know?
It’s possible to be issued with a county court judgment (CCJ) without being aware of it.
This can happen if the court doesn’t send the CCJ to your current address, or if you were not properly served with the court papers.
If a creditor or debt collector takes legal action against you for an unpaid debt, they must first send you a letter called a “Letter Before Claim” outlining the amount owed and giving you a deadline to respond. If you fail to respond, they can apply to the court for a CCJ without your knowledge.
However, if you respond to the claim form and dispute the debt, the creditor must provide further proof to the court to support their claim, and you should be notified of any further court action.
You may only discover a CCJ has been issued against you without your knowledge when you try to apply for credit or a loan and are refused, or when you receive a letter from a debt collection agency or bailiff.
Can I check if I have a CCJ with credit reference agencies?
If you suspect that a CCJ may have been issued against, you can check your credit report with one of the UK’s three credit reference agencies (Equifax, Experian, or TransUnion).
Depending on the credit reference agency you choose, you may need to pay a fee to access your full report.
Your credit report will paint a picture of your financial situation. It will highlight any CCJs that have been issued against you as well as your debts, balances and money owed to creditors.
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How do you find out what a CCJ is for?
As mentioned above, you can check the details of a CCJ on the Register of Judgments, Orders and Fines, also commonly known as the “CCJ register.”
The CCJ register is maintained by the Registry Trust and can be accessed online for a small fee.
Once you have access to the register, you can search for the CCJ using your name or the case number. The register will provide you with:
- your personal details
- the amount owed
- date the judgement was issued
- the court that issued the judgment
The register won’t list the name of the creditor who has taken the CCJ out against you.
However, you can follow up with the court listed and request the details of the creditor to establish exactly what the CCJ is for.
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Who can see County Court Judgments?
Your CCJ will be noted on your credit report and the Register of Judgments, Orders and Fines.
Register of Judgments, Orders and Fines
As already mentioned, the Register of Judgments, Orders and Fines is a public register.
That means anyone could apply to see the details of your CCJ for a small fee.
You can access the register on the Registry Trust website where you’ll be able to see:
- your name and address
- case number
- the court that issued the CCJ
- the amount of money owed
It’s important to remember that while it is possible for someone to check the register it’s unlikely that someone you know personally would check.
Credit report
A CCJ will appear on your credit report which can be accessed by credit reference agencies, letting agencies and creditors.
It will remain on your credit report for six years, even if you pay it off in this time.
After six years, it’ll no longer appear on your credit file, regardless of whether you’ve paid it off or not.
If you’re interested in seeing how a CCJ has affected your credit score, check with a credit reference agency.
Should I pay if I don’t owe the debt?
If you don’t believe you are responsible for the debt owed, you should dispute the CCJ.
If you believe you have a good reason for not owing the money and can prove it, you can apply to the court to have the CCJ set aside.
To ask for the judgment to be set aside, you need to complete the N244 form. You should be aware that you’ll likely need to cover the cost of any fees to reopen the case.
If the court agrees that you don’t owe the money, the CCJ will be removed from the public register. This can take up to four weeks.
When does a County Court Judgment become statute barred?
If a debt is statute barred, it means that Limitation Act has determined that the lender who is owed money has run out of time to take certain actions to recover what’s due.
The Limitation Act doesn’t put time limits on how long creditors have to enforce a CCJ.
However, if the CCJ is more than six years old and the creditor wants to use enforcement action, they must get permission from the court.
If you think that the lender has been to a court hearing to obtain a CCJ against you after the six year limitation period has passed, you can ask the court for this to be set aside using the Limitation Act as a defence.
Can I remove an entry in the Register of Judgments, Orders and Fines?
Typically, the entry will remain on the register for six years. However, there are some circumstances where you may be able to have the entry removed from the register:
Set aside the judgment
If you weren’t aware of the CCJ or were unable to defend the claim, you may be able to apply to the court to set aside the judgment.
If the court agrees to set aside the judgment, the entry in the register will also be removed.
Satisfy the judgment
If you pay the full amount owed in 30 days of the CCJ being issued, you can apply to the court for a “Certificate of Satisfaction”.
This certificate confirms that the debt has been paid and should be sent to the Registry Trust to have the entry removed from the register.
Apply for a Certificate of Cancellation
If the CCJ was entered in the register in error or has been cancelled by the court, you can apply for a “Certificate of Cancellation”.
This certificate confirms that the entry should be removed from the register.
Apply for Reconsideration
If there are specific circumstances that warrant the removal of the entry, such as if the CCJ was entered due to identity theft or fraud, you can apply to the Registry Trust for “Reconsideration” of the entry.
Can I remove a CCJ from my credit report?
Like the register, a CCJ will typically stay on your credit report for six years. However, it is possible to have a CCJ removed from your credit report in certain circumstances:
The CCJ was issued in error
If the CCJ was issued in error, you may be able to have it removed from your credit report if you can prove to the credit reference agency that the CCJ was invalid or issued in error. You may need to provide documentation from the court or the creditor to support your case.
You pay the total amount in 30 days
If you pay the debt in full within 30 days of the CCJ being issued, you can apply to the court for a “Certificate of Satisfaction”.
Once you have this certificate, you can send it to the credit reference agencies to have the CCJ removed from your credit report.
Set up a payment plan
If you make arrangements to pay the debt and stick to the repayment plan, the creditor may agree to have the CCJ marked as “satisfied” on your credit report.
This will not remove the CCJ from your report, but it will show that the debt has been paid and could improve your credit score.
The CCJ is set aside
If you successfully apply to have the CCJ set aside by the court, the CCJ should be removed from your credit report.
It’s important to be aware that in most cases you’ll nee to provide proof that the judgment should be removed.
Can lenders see a judgment after six years?
No, the judgment will be removed from your credit record so lenders won’t be able to see it when they’re deciding whether to lend you money in the future.
Your credit rating will begin to improve when the judgment is removed which should make accessing credit, such as loans, easier in the future.
Where can I get debt advice?
If you’ve received a CCJ claim form or are worried that debt you owe could result in being issued with a judgment, it’s important to seek advice.
Carrington Dean is a leading personal insolvency company, dedicated to providing tailored support to people in financial distress.
With our support, you could write off a percentage of unaffordable debt, freeze interest and charges and reduce payments to one affordable monthly amount.
