When you get a letter which says Judgment for Claimant at the top, you have a County Court Judgment (CCJ). Someone has taken you to court and won a case against you.
If you didn’t reply to court papers (or you never received them) the letter will say Judgement for Claimant (in default):
(When your letter says Claim Form at the top, you don’t yet have a CCJ. Here a creditor is taking you to court trying to get a CCJ. If you do not do anything, you will get a CCJ even you do not owe the money or the debt is very old. So don’t ignore it, see What to do if you get a Claim Form for details.)
You may also find out you have a CCJ by checking your credit record or be told that a credit application such as a mortgage application has been refused because your records show you have a CCJ.
What you need to do now depends on whether you owe the money and if you can afford to pay it.
This article looks at the most common scenarios using some invented cases.
Contents
What is a CCJ?
A CCJ is a decision by a judge that you (“the defendant”) should pay someone (“the claimant”) an amount of money. There were 1.15 million CCJs against consumers in England and Wales in 2019.
This decision will either say:
- you have to pay this all immediately, called a “forthwith judgment”; or
- it will say what monthly payments, called instalments, you have to make.
A CCJ is not a criminal offence. You can’t get sent to prison for not being able to pay this money.
But if you ignore a CCJ, your creditor may send bailiffs round to your house or try to get money deducted from your wages. If you take action speedily, these can usually be avoided.
Five common situations
Mrs Blue – owes the money and can pay it
Mrs Blue had a dispute with a builder over some work and an unpaid bill. He sued her, she defended the claim because she said it should be lower. The judge accepted this so she got a judgment for an amount that she agrees she owes. She can pay it in full.
Next steps Mrs Blue should pay the claimant the money ordered as soon as possible. She should send a cheque to the “Name and Address for Payment” on the form or phone them to get bank details if she wants to make a transfer from her bank.
If this is done within 30 days, the CCJ’s entry in the Register of Judgments, Fines and Defaults will be removed and the CCJ will not damage her credit record.
Mr Green – agrees he owes the money but can’t pay it all at once
Mr Green stopped paying a loan when his income fell. He didn’t reply to the Claim form because he was worried as he couldn’t pay the debt. He thinks he can afford to pay £70 a month.
Next Steps Mr Green needs to make an application to the court to pay monthly – this is sometimes called an “application for an Instalment Order” or “varying a judgment”. To do this he has to complete Form N245 which he can download.
This will cost £50. If Mr Green is not working or has a low income he can apply online for this to be reduced.
National Debtline has a fact sheet that describes how to vary a court order. If Mr Green isn’t sure what amounts to put on the form, eg for housekeeping, or how much he can afford to pay each month, then he should call National Debtline.
If Mr Green had admitted the debt and offered monthly payments on the forms included with the Claim Form (which he didn’t, he ignored the Claim Form) but his payments have been set at a higher level he may be able to ask for a “redetermination” of the amount he should pay. There is no fee for this but it has to be done very quickly – within 14 days. National Debtline can explain if this is a suitable option for you.
Ms Red – has a lot of debts and isn’t sure what she can afford
Ms Red lost her job a year ago and since then hasn’t paid anything to her credit cards debts. She is struggling to live on JSA. Other debt collectors are also threatening CCJs and she is worried about bailiffs.
Next Steps Ms Red needs good debt advice urgently. She could make an offer of monthly repayment to the CCJ like Mr Green – her offer would be low, perhaps £5 a month.
But she may have better alternatives such as a Debt Relief Order which will sort out all her debts, not just this one. She should contact National Debtline for help with her situation.
Dr Purple – didn’t receiver the original papers in time and disputes the debt
Dr Purple has been abroad and returned to find that a judgment has already been made. She doesn’t agree she owes the money as she says the loan was paid in full several years ago.
Next Steps Dr Purple has a good reason to ask for the judgment to be “set aside” as it was recent, she has a reason for not having returned the original court papers and she has a defence to the claim.
National Debtline has a fact sheet on how to set aside a CCJ which looks at when you should do this. It also includes an example of a completed N244 form. There is a fee to pay, currently £255, and Dr Purple is not on a low income so she won’t qualify for a reduction.
When the judgment is set aside, the court case still exists, it just goes back to the stage before the judgment so Dr Purple will then need to submit a Defence to the Claim.
Mr Orange – has just found out he received a CCJ a year ago
Mr Orange moved a couple of years ago and didn’t tell his creditors his new address. He was recently refused a new mobile contract. When he checked his credit score, he discovered he has a CCJ from one of the credit cards that he had stopped paying.
Next Steps Mr Orange wants to get rid of the CCJ as he never received the court papers. However he doesn’t have a reason to defend the claim and he should have informed his creditors when he moved.
If you don’t have a defence, there is little point in trying to set aside the judgment – this is a waste of time, money and the Court may refuse anyway. Mr Orange should work out if he can afford to pay the full debt (like Mrs Blue) or if he should apply to make a monthly payment (like Mr Green.)
More complicated cases
Your situation may not fit one of these scenarios or there may be some extra complications. For example the debt may be a joint debt, or it may be very old and you think it may be statute barred.
National Debtline is an excellent source of advice on all matters relating to CCJs, so if you don’t know what to do, or you think you do but you would like to check to be sure, give them a ring on 0808 808 4000.
Letters from a debt collector?
How to stop a debt being sent to bailiffs
Being asked for your income & expenditure?
Kerry Thomas says
I have recently been contacted about debts that are older than 6 years old and they both were going down the route of a CCJ. Due to this, I panicked and have started making payments, hoping I could just clear the debt over time, even though I know it is over 6 years, but thinking then a CCJ wouldn’t be applied to my name. This isn’t the case and now I have 2 added to my credit file. As I have started making payments, is it too late to dispute that they shouldn’t have been chasing me for this and especially adding the CCJ’s to my file?
Thanks in advance
Sara (Debt Camel) says
Did you get the Claim Form (court papers at the start of the CC case) and if so, did you respond or ignore them?
Kerry Thomas says
I assume they went to my previous address and by the time the debt company sent a letter to my current address it was confirming the process was already happening
Sara (Debt Camel) says
“by the time the debt company sent a letter to my current address it was confirming the process was already happening” so you did get letters about the court case BEFORE the CCJ was awarded? Perhaps it was one of these letters that led you to start making payments?
Sorry, you do need to try to remember what happened and when here… the only way to dispute these debts now is first to apply for the CCJs to be “set aside” after which the court case then starts again and you can defend it on the grounds that the debts were statute barred.
But applying for a set aside costs £255 for each CCJ (unless you are on a very low income in which case this can be reduced or free). If the creditor can show you knew there was a court case (because you were sent the forms and started making payments), then you may not win the set-aside application because the court will say you should have defended the previous case.
And you also need to be very sure the debts were statute barred, as otherwise you can get the CCJ set aside and then lose the new court case, getting a CCJ in 6 months time, which would have been a lot of cost and stress for no purpose at all. See https://debtcamel.co.uk/statute-barred-debt/
I think you should try to search for as many letters as you have about these debts. Even if you think they don’t help your case, you need to get them all together. Then call National Debtline on 0808 808 4000 and ask if (a) they think the debts are likely to have been statute barred and (b) if you should apply for a set aside. If the answers are Yes and Yes they can also help with what you should put on the N244 form to ask for a set aside. See https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx
Simon says
So I’m not sure what to do with my situation.
My dad ran up a debt in my name to a catolgue company which he brought a number of items totalling around £300, He purchased these items in 2006. The 1st I hear about this debt is within the last couple of days and now the debt is nearly £1400. I obviously don’t want to take any legal action against my father.
This really only leaves me with one option as he cannot pay the debt, I have to pay this debt, This is super unfair though. If I found out about the debt when it was at around £300 I may have just paid it, but now it’s £1400 I maybe having to pay this debt off for the next couple of years.
I’m not sure what to do.
Sara (Debt Camel) says
Is the debt currently with a debt collector?
You have posted on an article about CCJs – has the creditor gone to court or are you just worried about this?
Simon says
So it’s with a company called Cabot Financial as far as I understand. Last night I did take the time to look up my scores these are from 2 different sites https://gyazo.com/77baa2a74da6358313fa92ad41a3903a (Please copy and paste) I’m not sure what to do next.
Sara (Debt Camel) says
So that looks as though you do have a CCJ. Presumably, you never got the court papers for this as they went somewhere else? Any idea when your dad last made a payment to this debt?
One approach would be to set aside the CCJ – on the grounds that you never received the court papers and you have no knowledge of ever having a mail order account. When the CCJ is set aside, you can then ask Cabot to produce the CCA agreement for the debt – for a catalogue debt that old, it is very possible that they can’t do this. If they can, you can then see when the last payment was made as it could well be statute barred, or say it’s identity theft.
I suggest you talk to National Debtline on 0808 808 4000 to discuss all this – they can explain how to apply for a setaside and how to ask for a copy of the CCA agreement.
Simon says
Thanks again for the reply.
I’ve never seen anything like this if this is what you mean by CCJ court paper. https://gyazo.com/1e133942703651a3766bbc63bea45dc3
Last night I did go through my dads desk and find a letter by Cabot Financial, Basically stating they have issued a CCJ against me. but again I’ve never seen a court paper like the one in the link, There could be a chance that my dad received it and has never shown me.
I’m not sure on when or if he made any payments, To me it it looks like he never made 1 payment. Is there a way I can find this out?
Sara (Debt Camel) says
It wouldn’t have looked exactly like that as that is where someone turned up to defend a court case, more like this http://i64.tinypic.com/2s8jsxj.jpg.
Does your dad live in the same house as you?
Simon says
Yeah I haven’t seen anything like that. Yes he does live with me.
Sara (Debt Camel) says
You may have a lot of problems if the letters have been coming to your house, in your name, but your dad has been opening them. Is this what happened to the letter from Cabot?
Simon says
No he actually gave me the letter I then opened took it upstairs read through it, Researched the company and all that and then I gave the letter back to him hoping he would deal with it, but the fact they keep ringing me tells me he hasn’t done anything. (I haven’t answered a call yet)
Sara (Debt Camel) says
OK, well as I said, I suggest you call National Debtline and ask for their help. the question is can you set aside the CCJ. Normally this is possible but as the letters have been coming to your house, it may be more difficult if you don’t want to explain the identity theft by your dad.
Lorraine says
I am in the process of selling my house. Today I found out there was a charge on my house from 2010 owing to a finance company.
As far as I am concerned this was dealt with and the charge had not been taken off. I called the company concerned but they were no longer in buisness and had been taken over in 2011. The company could find no paper work or legal charges anywhere on their files and stated they had no records from when it was the company I originally dealt with.
Should they remove the charge on my house?
Sara (Debt Camel) says
Yes, I think they should remove it.
The Land Registry Customer Support helpline can be useful in tricky situations 0300 0060411.
Do you have the bank statement showing the transfer that repaid this money?
Linda says
I had ccj registered but it was for a company that i was operating. Why is it registered in my name instead of the company name.I
Sara (Debt Camel) says
Were you personally liable for the debt? If not, did you defend the court case?
Business Debtline would be good people to talk to about this.
Robin says
I found out I had a CCJ 4 months after it was served and paid immediately – not stopping to think of whether it was worth disputing. Can I still challenge this or is my payment effectively an acceptance of guilt?
Also – if the CCJ was enforced by a lender who has accepted irresponsible lending towards me do i have any recourse in terms of challenging it?
Sara (Debt Camel) says
“a lender who has accepted irresponsible lending towards me” could you explain more about this?
Robin says
Let’s say i have a strong claim against a payday lender to prove they lent irresponsibly and I claim back interest paid and so on (via the F Ombudsman). If that case is ‘approved’, and it’s deemed that the lender should reimburse X amount, can i also then ask for the CCJ to be rescinded/set aside? I see there is some scope for updating credit reference agencies in light of these judgments and wanted to know if this could be extended to CCJs. Cheers
Sara (Debt Camel) says
ok, so the lender hasn’t yet accepted that they loaned irresponsibly, you are just hoping they will.
You can ask for the lender to agree to set aside the judgment. If the complaint goes to the ombudsman you can ask for this. A couple of people have succeeded but it’s a pretty rare situation. Which lender was it? Payday lenders don’t usually go to court, they normally sell on the defaulted loans.
Robin says
Well, it’s not 100% clear – initial contact (via email) about the outstanding debt was made by 1st Stop Recoveries, was then followed up by Clear Recoveries, and then I actually paid TM Legal Services. From searching around it seems this was all the same company but with different names. I called TM Legal services to check who the original creditor was and they said Uncle Buck, but couldn’t give me any more information….and needless to say the original debt amount bore no resemblance to the figure I paid them. Is there a way I can 100% check who the original creditor was?
Sara (Debt Camel) says
You can send TM Legal Services a Subject Access Request asking for a copy of all the personal information they have about you.
But if you remember borrowing from uncle Buck, then I suggest you also send them an affordabilty complaint at the same time. And any other payday lenders you used.
Robin says
OK thanks. Yes I’ve already asked Uncle Buck to provide all loan details for me as I used them in 3 separate stints across 8 or 9 years. I will ask TM Legal for all the information they have on me too and hopefully this will confirm that it was the Uncle Buck debt resulted in the CCJ. Thanks for your advice!
Toe toe says
If you go for a set a side there is a a big fee. Attached to it also other party can ask for costs if you lose. They will argue that paying it is an admission and you can afford it. However I succeeded in having ccj removed after paying it and an appeal from them. It saps your energy as its one man agains a corporation. Be careful that you don’t give your strategy away on the public forum as the companies read them.
Good luck
Sara (Debt Camel) says
“If you go for a set a side there is a big fee.” yes, although people on a low income can get this reduced or free.
“Attached to it also other party can ask for costs if you lose. ” I don’t remember a case where this has happened.
“However I succeeded in having ccj removed after paying it and an appeal from them.” That is pretty rare!
“It saps your energy as its one man against a corporation.” that is why it really helps to advice from a public forum such as Legal Beagles. Lots of people there who are experts or who have been through the same thing. the moral support really helps even if you could manage it all yourself.
“Be careful that you don’t give your strategy away on the public forum as the companies read them.” I think you can get too paranoid about this. And Legal Beagles has a VIP section which is closed if it really worries you.
Jason says
Hi Sara,
The date of CCJ is 14/11/18. I have made a full payment to Claimant’s Solicitor on 27/11/18.
I have paid to the Claimant’s Solicitor, they said they will call to the court to remove the CCJ from a public register. Just wondering how long it would take to remove the CCJ from a public register? Do I need to call to the court to cancel it? I have checked my credit file the state of my CCJ still active. Please advise. Many Thanks.
Sara (Debt Camel) says
ok so you are well within the 30 days to pay. The creditor should inform the court that it has been paid, the court then tells Registry Trust and that is where the credit reference agencies get their information from. You don’t need to do anything and I don’t think there is anything at the moment you can do to speed this up. This isn’t a situation that tends to cause problems, try not to worry!
Jason says
Sara, I checked my credit file yesterday the CCJ still status active, is this normal?
Sara (Debt Camel) says
a) it has only been a week since you paid.
b) what credit report are you checking?
Jason says
Noodle and checkmyfile.
Sara (Debt Camel) says
Checkmyfile reports are only updated monthly and Noddle weekly – if you keep looking everyday you will probably be seeing the copy you have already seen and can’t see if anything has changed in the meanwhile.
(By the way it isn’t worth paying £14.99 a month for Checkmyfile. It doesn’t give you Experian details, only the calculated credit score, and Crediva isn’t worth bothering with. Cancel it and use free ways to see your detailed credit infomration from the three CRAs that matter: https://debtcamel.co.uk/best-way-to-check-credit-score/)
Jason says
Sara, thanks for your advice. I did what you said before writing to you. Just managed to register with noddle will register clearscore and credit club when I have time. Thanks again.
Sara (Debt Camel) says
ok, I don’t see any reason to be worried at the moment after only a week.
SS says
My mum got a parking ticket whilst using my car, in a supermarket car park, so they used to be unenforceable. Or so we thought. It turned out to be a car park monitored by Parking Eye who seem to be able to take matters into their own hands (not sure why they can enforce when supermarkets can’t). Anyhow, we received some notifications and didn’t realise they were any different to the letters supermarkets used to send if you didn’t pay but nothing ever came of them. I went off travelling, and by the time I got back, found I had had a court summons and they’d ruled against me giving me a CCJ. I paid up as it was nearly a year after the ruling so didn’t have a choice to appeal. But I cant help but wonder if they would have ‘transferred’ it to my mum if she’d have admitted to it afterwards. would they still accept an appeal now or in paying have I admitted fault? Or would I have had to pay the appeal fee an then my mum have to pick up the costs?
Sara (Debt Camel) says
I am sorry you have found out the hard way that ignoring private parking ticket is now a mistake.
I am afraid you don’t have any grounds to challenge the CCJ now. The court papers were correctly sent to your address. And you have paid it.
Faz says
Hello Sara
Wonder if you can guide me.. I am expecting a notice of warrant of execution which I presume will lead to a bailiff visiting my premise..
I have been advised I need to fill in a form to suspend this from happening.. I want to know who do I send the form to? The original ccj is from Northampton business court but I am still waiting for this new Notice to turn up to advise me of the visit. Also how long before the court processes and suspends the bailifff action as if they were to visit in 7 working days would that be enough time for me to submit the form and get it processed?
Sara (Debt Camel) says
What sort of debt is this?
Fazza says
It’s from Avant credit for about 4500
Sara (Debt Camel) says
OK, then read https://www.nationaldebtline.org/EW/factsheets/PDFs/08%20EW%20County%20court%20-%20suspending%20a%20bailiff%27s%20warrant%20or%20reducing%20instalments%20on%20a%20county-court%20judgment.pdf and talk to National Debtline about how to complete the N245 form.
Paul Knowles says
Hi. I appreciate this may have been answered several times earlier, but asking in case there is a possibility the Law has changed?
I’ve a CCJ issued May 2017, for the amount of £5800 to a CC, to an address I’ve not lived at since Dec 2010. I’ve no paperwork re; the CC but assume it may be Statute Barred. My old Bank Accounts are closed now so no idea when my last payment to them might have been or to what amount.
I’ve heard nothing at all about it. I noticed it late 2017 and called the Northampton County Court who advised me that that could not advise me!
It’s obviously coming up to 2 years since the CCJ was issued and still i’ve heard nothing. I’m registered to my current address and on the Electoral Register.
What should I do, or what should I expect moving forward?
My life is a bit of wreck. I’ve got no income to pay any of it.
Thanks
Sara (Debt Camel) says
There hasn’t been a change in the law. It a shame you didn’t follow this up in late 2017. At that point it may have been easy to get the CCJ “set aside” – legal jargon for removed. But you have to act “promptly” to do this… I suggest you talk to National Debtline on 0808 808 4000 on Monday to find out if you have any options – including looking at whether you have any other debts.
Rob says
Hi Sara
I had a ccj with Moorcroft which I paid off in full last month. I just realised belatedly , that this ccj is registered dated 15 december 2017 in my credit profile, after the new ccj debt PAP regulations of 1 oct 2017 (which require that a letter of claim has to be sent before a ccj can be raised).
I am pretty certain that I did NOT receive any letter of claim before the ccj was raised (even though there’s a very small chance that such a letter may have arrived and got mislaid/lost in my shared apartment).
My question is – can I ask Moorcroft to set aside the ccj on mandatory grounds since no letter of claim was sent in advance of the ccj? If I did do so, what is the best way to frame it so that they agree to set aside without going to court.?
Thanks in advance
Sara (Debt Camel) says
No you can’t. The debt is still enforceable if no debt PAP letter is sent, you just have a few extra rights under the CPR (court civil procedure rules) mainly to do with costs. But nothing you can do after a judgment is given.
Chantal Dawson says
This is really helpful. My son recently found out he has a judgement against him when The Sheriffs office called to my house to obtain goods. My son is at university and works 15 hours a week to support this. We applied to stay the writ and set aside the judgment the Norwich county court but this was dismissed. Unsure what happens now as I guess the claimants solicitor will instruct the enforcement agency Again. Son has no assets and the sum has jumped from £1900 to £3100. We don’t even know the original sum of judgement and he never had the opportunity to defend the claim. No one will help. I could pay the £1900 and close the matter. Should we apply to pay in instalments or is it too late. My son is 20 years old, a uni student for 2 more years and doesn’t earn a lot
Sara (Debt Camel) says
I think you – or even better your son – needs to talk to National Debtline on 0808 808 4000 about what the debt is, why the set aside was rejected and what his options are.
Chantal Dawson says
Thank you. We have spoken to debtline and they suggested getting legal advice which we cannot afford. To receive free advice we’re looking at a 6 week wait. We were also advised to speak to the court and they kindly informed us of the particulars of the claims. Rather than fight, we just want to settle but the claimants solicitor won’t respond to emails and calls either (which I can understand). There must be some form of mediation? The claimant will surely be better off receiving some money as opposed to nothing? They know my son is a student with no assets so why use enforcement? Further, no one can confirm what happens if an application to set aside is dismissed, then what? It also seems that if you can’t prove you didn’t receive the defence pack or notice of CCJ then it’s likely that you’re application to set aside will be dismissed. This is a case of proving you didn’t receive something as opposed to the sender proving they did. You’d think that CCJs should be recorded delivery as this would resolve many problems and enable recipients to act, before its too late.
Sara (Debt Camel) says
“They know my son is a student with no assets so why use enforcement?” because they are hoping you will pay to make them go away?
“no one can confirm what happens if an application to set aside is dismissed, then what?” then the CCJ and the warrant stands. If you want somewhere to talk about whether you (or rather he) has any court options, you could try the Legal Beagles forum: https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues.
I am sorry, I know this must seem frustrating, but realistically your son took on some debt and has then ignored warning letters about it for some period. He is an adult – he should be dealing with this not you. Does he have any other debts?
Nic says
I wonder if you can advise me here. I had a loan and defaulted and was issued with a CCJ that was awarded on 03/04/2013. I have checked my credit file over the years and there has never been a CCJ recorded against my name. However, the company registered a default on 14/01/2014. I did not think they could register a default AND a CCJ and surely if the CCJ was in 2013, they cannot add 10 months onto my default date?
Sara (Debt Camel) says
If a debt that shows on your credit record goes to a CCJ, a default should be added on or before the date of the CCJ. You could inform the creditor of this and ask them to correct the default date.
Have you paid / are you still paying the CCJ?
Mar says
Please can someone help me I am stressed to bits. Ive received confirmation of a ccj against me. I had until 28/06 to pay this in full. Of I oay in full will this stop the ccj going on my credit file. Thanks
Sara (Debt Camel) says
yes it will.
Tim says
Lowell issued CCJ against me in 2016. I did not receive anything about this until March this year. The debt was a cancelled TalkTalk contract in 2015, I made T/T an offer to pay balance in separate intervals, this was ignored and instead they continued to send more bills. I wasn’t in a good place and with a lot going on I just ignored the problem like they had done to me.
Wrong decision I know, I should have sought help at the time. I lived at address that T/T contract was with until Mar2017, I received no communication of CCJ. March this year I received a letter from Lowell at my current address stating they wanted money from me and they had issued CCJ. I checked my Exp/Cscore and showed nothing. I chose to ignore it they must have it wrong.
I then get a letter from Courts a warrant been issued. From advice I sent a letter contesting the debt due to not knowing anything about it. I sent the same letter to courts. I paid for a report which showed I do not have any CCJ from courts in Eng & Wales.
Paid the courts to send me an original copy of said CCJ against me. I received this however its not original copy as it states my current address not the one where I lived at the time the CCJ was issued. complained that I want correct information.
Lowell have not sent me any communication or they have sent it to wrong person or wrong address.
I agree that I owe T/T some money, begrudgingly.
I don’t agree that I should pay more than the amount I owed to T/T. The last communication I had about any of the debt.
I will have to make a payment on a credit card as I fear I dont have enough time to complain. I cannot afford £255 to set aside a debt/CCJ especially when the original T/T amount was around £170
Been sent a letter stating I have 7 days before a van will arrive to try take goods. received 7-6-19.
So had two working days to pay as I won’t resolve anything in time. If I had communication I could have arranged to pay. I have cleared other debts from this time.
I have paid the courts to stop action and have a receipt 10-6-19
*Can I claim back from Lowell?
*Can I complain about courts issuing a warrant?
What next steps would you suggest?
Sara (Debt Camel) says
I suggest you talk to National Debtline on 0808 808 4000 about whether you have any options now you have paid this money.
Hasnara says
Hi
My husband has discovered now having checked his credit file in 2019 that he got a CCJ in 2017 for a parking ticket which he never got anything about, he has a slight recollection of a ticket he may not have paid but he never got any further combinations regarding it-if indeed it is this. What can he do? How do we find out who did it? What for? And my husband hasn’t paid anything re CCJ because he didn’t know so what can they expect or threaten?
Also he has a number of other debts, 6 in total that are being paid by a debt management company very small amounts. The 6 years from default is next year and now one of the 6 companies have applied for a CCJ, the debtor want either the 2k or monthly payments for 6 months so about 300 pcm which is a lot. What can we do here because it’s not affordable and the other companies might also do same so what would be the best long term plan?
Sara (Debt Camel) says
He can contact the court to find out who the creditor is. Then he needs to talk to National Debtline about what his options are.
“one of the 6 companies have applied for a CCJ” are they just threatening or has he received a Claim Form from the court? what sort of debt was this and who is the creditor?
who is your DMP firm and how much is he paying to them each month? How large are the debts in this DMP, including the one that are going for a CCJ for?
Hasnara says
He has received a claim form this was yesterday, it was a credit card with Lloyd’s, claimant is Lowell portfolio, the DMP firm is life financial, £156 pcm and in total it’s 15k and this Lloyd’s credit card is 2.3k and was only paying about £3 something towards it pcm.
He is was hoping next year he could finally move on because it would be 6 years since default but the surprise CCJ from 2017 and now this means he is stuck again with bad credit
Sara (Debt Camel) says
“the DMP firm is life financial” could you say some more about who this is? they aren’t a normal DMP provider… Do you know how much of his £156 a month is going in fees?
Hasnara says
30£ in fees this firm recommended by friends and family who have used in past
Sara (Debt Camel) says
do you have a link to their website?
If he is paying £156 a month and the DMP firm fees are £30 a month, then £126 is going to his creditors.
If his debts add up to about 15000 and the Lloyds card is £2300, then I would expect them to be getting about 319 a month not £3. some of these figures don’t sound right?
Is he managing the £156 easily? could he pay more or is it a struggle and he has other debts because of this? Are you renting or buying?
Hasnara says
Hi
He pays 156 the DMP take 30 so the following break down
Lowell 3.51 this is Lloyd’s the CCJ claim now
NatWest 16.83
NatWest 4.11
Trident credit service 9.22
Mercer’s 13.4
MBNA 10.22
Lombard 23.53
Lloyd’s 14.94
Lloyd’s 1. 91
Capquest 3.69
Sorry that’s more than 6
I can send link to you soon
This 156 he has been managing but owes family friends too so really he can’t top up much.
Renting at present.
He was keen to start afresh but with the surprise CCJ has now Lowell after a CCJ
I believe they are asking for just over £300 pcm to avoid CCJ not affordable really and esp if the other companies do same
George says
Hi,
I received a CCJ in 2013 from Link Financial for just over £8000, I was actually unable to afford any repayments but I offered the courts a nominal figure of £2 P/M which was accepted.
I was actually so swamped by the whole affair that I didn’t even make these repayments and haven’t had any contact since…
I’m now able to work again and I’m wondering if I’d be able to offer them a reduced figure to clear the debt (as I plan to do with other creditors) or if the CCJ holds me accountable for the whole sum regardless?
Regards, G.
Sara (Debt Camel) says
Do you know what the date of the CCJ was?
George says
The original default was 13/09/13 and the CCJ was awarded on the 10/10/14
Sara (Debt Camel) says
OK, so the CCJ will drop off your credit record in october 2020. If you repay it early, your credit score will not improve, but other lenders may be more likely to offer you credit.
You can offer a partial settlement to a CCJ, If you make a partial settlement, this will (bizarrely) not show on your credit record. But it will prevent Link from trying to enforce the CCJ in any way.
If Link do not enforce the CCJ within 6 years, they would have to go to court to ask special permission to do so and this is VERY rarely given.
Do you know if interest is being added to this CCJ? If you aren’t sure, I suggest you talk to National Debtline about this, see https://www.nationaldebtline.org/EW/factsheets/Pages/countycourtinterestcharges/interestonaccj.aspx. Of interest is being added, then settling this CCJ should be a priority.
George says
Thank you very much Sara, that’s really helpful, I really appreciate it!
Do you have any advice for which route to take if I’m not being charged interest? Also any ideas about what to offer for a partial settlement if that’s a good choice?
Sara (Debt Camel) says
No, it depends on your circumstances. They probably won’t accept a low amount unless you can show you can’t afford reasonable monthly payments.
David says
Hi Sara,
I recently applied to rent a flat but was turned down as I have CCJ from 2014 that I didn’t know about. I found this info on CreditExpert.
The CCJ was dated October 2014 but I sold the house it was linked to in April 2014 so I didn’t get any paperwork.
The info on CreditExpert does not show who the creditor is, and I have no idea who it is either.
If I do owe this money then of course I will pay it, but to whom?
What are my options?
Many thanks for any advice you can give
D
Sara (Debt Camel) says
You need to find out which court it was – if the CreditExpert report doesn’t show this, use https://www.trustonline.org.uk/. Then you need to contact the court and ask for the claimant details – the name of the person that sued you. If that is a debt collector, you may need to contact them to ask what the debt was.
If you don’t agree you owe the money, you can then apply to have the CCJ set-aside, see the article above and talk to National Debtline about this option.
David says
Thank you very much for the advice!
The court was the Northampton County Court (Bulk Centre) according to CreditExpert.
I will call them tomorrow and find out who the creditor is.
Thanks again for your time and advice.
Regards, D.
Paul Knowles says
Hi, I’ve a similar situation, but have been advised, or read it myself, that Failure to Inform your Creditor of a change of address is not a good enough reason to have a judgment Set Aside. Therefore you may be wasting money on the fee’s to have a Judge take another look at it. My CCJ was issues Feb 2017. I only noticed it after i was declined a Bank Account so looked at my Credit Report. I contacted Northampton. They gave me the name of the Issuer. I have not contacted them, nor heard anything since.
I’d love to hear any thoughts on this.
Sara (Debt Camel) says
It depends on the specifics of the case. For example if the CCJ was for a debt you were unaware of, you would not have been able to inform the creditor.
Paul Knowles says
Thanks, but isn’t the onus on me to know what debts I have? Otherwise I can claim I know nothing about any.
I acknowledge the CC debt. But I have moved so many times since I left University that I simply didn’t inform them.
Is it likely to assume they will contact me eventually to enforce the CCJ? If so, who will contact me and what is likely to happen?
Thanks again.
Sara (Debt Camel) says
I’m sorry but it really does depend on the circumstances of your case. I suggest you talk to National Debtline about whether you have a chance of getting a set-aside for the debt.
James says
Hi Sara,
I had a CCJ registered against me in mid 2014. Whilst I believe this debt to be statute barred, Lowells solicitors say not. That aside, the solicitors dealing at the time of the CCJ (Bryan Carters) did not act in accordance with FCS guidelines as set out in their ‘CONC’ guidance notes. Due to the nature of my work at the time getting a CCJ was a no no. So I panicked, accepted their payment amounts to clear the debt etc etc. Needless to say I couldn’t meet these payments and in a couple of months the CCJ was granted. Couldnt afford the fee to apply for a set aside but on time each month following the CCJ to repay the debt, now paid off and waiting for it to drop off my credit file. Is there anything I can do regarding Bryan Carter not acting in accordance with their professional obligations? I’m in a better place now both financially and mentally but it annoys me that this is holding me back..
Any comments appreciated
J
Sara (Debt Camel) says
I am sorry but set-asides need to be applied for promptly. You can talk to National debtline about whether you have any options here, but I am not optimistic.
Dorcas says
I lost my job a year ago and I have a lot of debts but can’t pay some ticket fines some are store cards and now I have a ccj that I didn’t know about and they just told me the bailiff are coming. Can I go bankrupt at this stage? I just can’t pay because I don’t have the money it’s a lot please help.
Dee
Sara (Debt Camel) says
If your total debts come to less than £20,000 there is a debt solution called a Debt Relief Order (DRO) that could work for you. It’s a lot cheaper than bankruptcy! I suggest you talk to National Debtline on 0808 808 4000.
Anna says
Hi Sara, I’ve just found out that I truly have a CCJ (since January 2019). In June I received a letter from a debt agency saying that I owe then £200 and that they’ve filed a CCJ. I called the agency saying that I don’t have any debts and that it must be a mistake. They informed me it was from an account I had with EE 4 years ago. I know perfectly well I closed it and I also called and asked multiple times if there was anything else I needed to do. I went to Citizens Advice with this “dubious” debt letter and was told to verify if the CCJ claim is true and then fight it. I went on a website that apparently finds CCJ’s in your name and I couldn’t find a thing – I also read a bunch of comments saying these things are usually fake. I also want to mention that I received the letter 4 days prior to moving abroad and I never received the “real” CCJ order – and after I asked for it to be sent again I was refused. I am convinced they sent the CCJ and all communications to my old address on purpose, even if it was vacant for almost 1 year. (all banks were aware) Today, I checked my “financial identity” on Experia. (my wallet’s been stollen). I found a CCJ – Jan 2019. The sum I owe: £304| default judgement: £225| flight to UK: ±£100. I honestly don’t know what to do and who to turn to? I’ve also spoken to EE and they said they can’t access their files from 4 years back. Could you please share a bit of advice? I’m lost…
Thank you :) Best, Anna
Sara (Debt Camel) says
I went on a website that apparently finds CCJ’s in your name and I couldn’t find a thing
what website was this?
Are you now back in the country?
Did you reply to the June letter?
Anonymous says
Hi I have a ccj with Lowell for 544 and it says the judgement date was 20th may 2019 but j haven’t heard anything and I wasn’t even aware of this. It’s a debt from 2013 so why are they bothering me so much now it’s been 6 years?
Sara (Debt Camel) says
It sounds as though Lowell went to court early this year for a CCJ. At that point the default may have been less than 6 years ago. Now there is a CCJ, the debt doesn’t become “statute barred” so Lowell can still try to collect it. I suggest you talk to National Debtline on 0808 898 4000 about your options.
Simon says
I have a CCJ showing on my credit file showing it was actived in 2017
I think this was from a phone contract back in 2014 or 2013
I am getting threatening letters from the bailiffs
This bill I apparently owe is old and I am not in the position to make any payments
Can someone advise please ?
Sara (Debt Camel) says
What are the rest of your finances like – do you have other problem debts? Are you behind with essential bills?
Which bailiff are you getting letters from?
Jessica says
I have just checked my credit file and I have found two ccjs
One I knew about and is satisfied, one was filed against me in 2014 and I have no idea about it possibly gone to an old address, I’m worried I have not settled it. Do I need to pay it or has to much time elapsed!?
Sara (Debt Camel) says
A creditor has to go back to court to get permission if they want to enforce a CCJ that is more than 6 years old. I suggest you talk to National Debtline on 0808 808 4000 about your options.
Bill says
I left the UK 8 years ago and I left behind £11000 in the form of 2 loans. Not my most responsible of moves, but I was young, naïve and in love. More fool me. I am now in a position (separated with wife) where I need to come back to the UK. Any idea what my position will be in these circumstances?
Sara (Debt Camel) says
They may have been sold to debt collectors. they may have been taken to court and you may have 1 or 2 CCJs.
Sharon says
I just loked up my credit record and discovered that I have a new CCJ on my file relating to what I’m guessing is a pre-1998 student loan debt that was sold to Erudio and then on to Arrow. The CCJ is against an old address of mine so I didn’t receive any of the letters. When the loan moved to Erudio originally I submitted the template letter requesting a deferral, but did’t sign their new terms and conditions as I was advised at the time that this would enable them to use debt collectors and that the debt would start to affect my credit score. Now that this CCJ is in place, for around £8,500, what can I do? I was just about to apply for a mortgate! Is there any way I can appeal the decision given that this was a student loan that should never have ended up in the hands of debt collectors? This is such a kick in the teeth as my credit rating prior to this was immaculate and has been for years.
Sara (Debt Camel) says
Talk to National Debtline on 0808 808 4000 about whether you have grounds to get the CCJ set aside.
laura says
I had a CCJ issued to me in March 2016 which I didn’t find out about until a few weeks ago, it is showing as discharged. What does this mean?
Sara (Debt Camel) says
Someone has paid it … was it a joint debt with someone else?
Kate says
Hello,
I’ve received CCJ claim couple days ago for Vanquis from Lowell. I fell behind with the payments in 2015 and same year V passed my acc to Lowell. Over the last 5 years, I have paid some money to Lowell, started with £20, then reduced payments to £5, then things got even worse and I stopped paying at all. I have received letter before action, but I had to prepare an appeal for a different case, so I completely forgot about Lowell letter. I have already completed my acknowledgement with intention to defend part of this claim. After my acc was forward to Lowell I have not intended to pay debt in full, but thought to settle it partially. They had offered me partial settlements few times, but only with option to pay it in full. As I couldn’t afford to pay in one go, I had to dismiss the offers.
So i was wondering can I bring an irresponsible/unaffordable lending argument for defense? Vanquis increased my credit few times even though I was only making mp. Also because of the high interest rate, I probably repaid what I have spent.
Can I challenge claimants interest added on debt? The claimant had a debt for 5 years and no interest was added and now at the point of CCJ they add %, is it reasonable? Have they suddenly incurred expenses for that debt?
Thank you
Sara (Debt Camel) says
You can make an unaffordable lending complaint against Vanquis. If you win that, they would have to remove an CCJ that had been added. See https://debtcamel.co.uk/refunds-catalogue-credit-card/. These aren’t as easy to win as payday loan affordability claims, but if you think you have a good case, then give it a go.
But it may be tricky to use this as a defense. After all, Lowell hasn’t done anything wrong here. If you had already put in the complaint and Lowell were aware of it you could argue that they should have waited until your complaint was resolved and ask for the court claim to be stayed. But as you haven’t yet complained that may prove tricky.
I can’t recommend how you should defend this claim. I suggest you phone National Debtline on 0808 808 4000 and ask for their help and talk to them about the added interest issue.
Done wrong but it’s my past don’t judge me please says
Hi if anyone can help me with this please reply. I have a ccj on my credit report from a few years ago. I served time in prison for this ccj. I was told as I got given a custodial that the fine gets wiped and do not have to pay it no longer as me serving time means I no longer have to pay it. If this is the case why does it still show on my credit report if the case has been already been dealt with? Should it not because I served time show up on my report in a different way or not show up on my account at all? Anybody know anything about this? Because I served time will it stay on my report or can I contact the court to get this removed or is it not possible really would like to know as is effecting my credit score.
Sara (Debt Camel) says
You can’t get sent to prison for a CCJ, owing someone money is a civil offence and you only get sent to prison for criminal offences where the case us heard ata Magistrate’s court not a county court. (I am simplifying.)
There must have been some criminal offence associated with your situation. Can you say what this was? This is incredibly rare.
(I’m not judging you but it’s hard to say anything without more details.)
Done wrong says
Was dealt with by magistrate and the original matter was one which related to a benefits offence. I was given a community order and to pay back the money. But never paid back the money so they sent me away for it. But was told when Inside I would no longer have to pay the money back which I don’t have to as me being inside basically gets rid of the fine. So was wondering weather it should still show on my report or not?
Sara (Debt Camel) says
ok, so it wasn’t a “normal CCJ” but it is being reported on your credit record as though it is.
CCJ reporting is quite crude. There is no way to mark a CCJ as having been settled so nothing is owing unless it has been paid in full. So for example, if someone goes bankrupt when they are discharged they no longer owe any money on CCJs but they continue to show on credit records as still owing for 6 years until they drop off.
This may be the problem with your situation. But I haven’t seen one of these cases and there may be a different reason or there may be something you can do to change it. I suggest you talk to National Debtline on 0808 808 4000 about all of this, including whether it is correct that you don’t have to repay the money.
Chris says
Hello everyone. I had an issue with my credit limit being reduced from roughly £2500 to £75, took me over a month due to sickness to contact my bank to have it increased again (I assumed it was reduced due to not using the credit card in a while) they told me they couldn’t see why and advised me to check my credit score.
Never done so before so downloaded a free app which told me I have a CCJ against me owing £6050, showing a start date of 23/01/2019, although I’m not sure if this is a start date of the debt, paperwork or whatever. The court is closed for the weekend so I can’t contact them about this case.
As far as I know, I have never been in debt with anyone in my life, I don’t owe nor have I ever owed anyone money, I always pay everything in full. I’ve never received any notification or correspondence of debt nor was I informed of this CCJ, despite the fact that I’ve lived at my current address since the early 90’s. I’m hoping this is some sort of crossed wire but it’s stressing me out horrible. Any suggestions at all would make me very grateful
Sara (Debt Camel) says
There isn’t much I can say apart from you need to find out the details about the CCJ and talk to National Debtline on 0808 808 4000 about what your options are.
Luke S says
I was issued with a CCJ in 2008 for a considerable debt and ordered to pay £49 per month until paid off. I’ll never live long enough to pay it off. I’ve been paying it monthly since 2008 until about 6 months ago. My circumstances have changed, I earn less so some months I’ve missed making the payment as I’ve not had enough money to live on and recently I’ve just paid a pound. I pay to a solicitor company who haven’t chased me for any missed payments as yet. Is it just a matter of time before they take me to court or bailiffs come knocking? It’ll never be paid off due to the amount of the debt and my age. Can I get it written off after all this time?
Sara (Debt Camel) says
Hi Luke, do you have other problem debts? Are you buying or renting?
Luke S says
Renting. No rent arrears or anything. I’ve other debts like old credit cards, catalogues who all just get a token payment of one pound.
Minu says
Hi
I was in partnership for a company for 8 months and left the company after having a dispute.
Recently received a ccj saying the company owes the home office a considerable amount of money. I was not made aware the other directors left the company and it looks like I’m the only one remaining. It is clearly a trap. What do I do? The company has no assets and is not trading. The accounts has been dormant since 31st of Dec 2018. Please advise
Sara (Debt Camel) says
I suggest you talk to Business Debtline: https://www.businessdebtline.org/
Mac says
I recently found out I had a ccj from my credit report notification. I investigated it and it’s the small claims money court from an old landlord claiming rent arrears from me. This is completely false and I have evidence of my rent paid and deposit returned when leaving. He’s claiming £4745 in rent arrears and last year he tried to do the same thing claiming it was unpaid council tax but it went in my favour because he hadn’t followed procedures in registering the property as rented. I have all my evidence and a n244 form completed but it seems to be taking for ever in the court to get back to me. It’s an online claims so its very difficult to get through and then get any worthwhile update. The landlords mum has now started sending me threatening messages on social media which Iv reported to the police. Is there anything else I can do to try get it all sorted?
Sara (Debt Camel) says
You can discuss whether there is any way to speed this up in the Legal Beagles forum https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues or call National Debtline on 0808 808 4000.
Veronica says
Hello! I’d appreciate any help you can give me. Been living in UK since 2014 to 2017. Left an unpaid phone bill when I left the country (sick family member, had to leave the country in just couple of days). Just now decided to check my credit score on free app and found out I have CCJ since October ’19 for 1333£ . I am planning to visit my friends in UK in April and contact the court at the time I’m there. I have a question – can I travel to UK and am I gonna get arrested if cross the country border?
Sara (Debt Camel) says
A CCJ is a “civil” offence not a criminal one. Yes you can travel to the UK and you will not get arrested by the police for this.
Debra says
Hi Sara,
I have a debt of £270 and have just seen that they want to issue a ccj.
Its after 30 days, can I quickly pay it so that this won’t be on my record at all?
I have a previous ccj (unrelated) and I have been told by lenders that it does not matter whether its been paid off or not as the ccj is on your record; satisfied or not.
Is there any point in paying this off?
Sara (Debt Camel) says
You say they “want” to issue you a CCJ – have they started a court case? Or have they already got the CCJ?
You have to pay it within 30 days of getting the judgment for it to disappear from your credit record.
Lulu says
Hello, i was student in england in 1998 and i worked also in 1999 when i went back to my country without leaving any adress. It was really so expensive to live in england doing little jobs. I left a credit card account don’t remember how much debt was left on it maybe between 1000£ or 3000£ and impossible to pay i had little incomes. I never had news of it… is there a prescription for that was 21 years ago? Sorry for my english. Thanks.
Sara (Debt Camel) says
Hi Lulu,
I don’t know if you had the “old style” student loans, see this article.
If you are worried, you could talk to National Debtline about this – you can call them from outside the UK https://www.nationaldebtline.org/EW/information/abroad/Pages/living-outside-the-uk.aspx.
But do you actually care as you are still living outside the UK?
joe johnson says
Hi
I am an Irish national living and working in the UK for 11 months when I went to A&E for an xray due to a rugby injury.
I told them I was a resident and gave address. I hadn’t received any invoice until I had moved address and the Debt collectors sent me an NHS invoice and late payment bill. As I was quite shocked I paid this albeit late due to moving and changed address
have checked my Credit Score and I have a CCJ. the thing is I shouldn’t have even been charged in the first instance as I was a working resident paying tax and National Insurance for approx. a year before bill. do I have a case?
Sara (Debt Camel) says
I suggest you talk to National Debtline on 0808 808 4000 about your options.
Steph Jones says
Hi Sara
I have a CCJ I’ve been paying for 3 years at £5 a month. I still owe £400 but I’ve been saving up a little and want to clear it. Can I make an offer of £200 to clear it or do I have to pay the full £400?
Thank you for your advice. This is a great site
Sara (Debt Camel) says
You can make an offer if you want. Make sure you can afford it though! If you have any debts you are paying high interest on, that £200 might be better paying off them.
Steph Jones says
I don’t have much else now. I’d like to get it dealt with as soon as possible. Thank you for your advice.
Reana says
Hello Sara,
Not sure this is the right thread but hope you can give some advice.
In 2016 I stopped making payments to a debt (previously Egg, then Barclaycard now managed by PRA) following a review of my credit file. The default had fallen off my file, so I had no knowledge of the status of the debt (I’d been evicted from the property the default was registered to so not received any correspondence). In 2017, i checked my credit file again to find a CCJ had been applied. As I was not at the last known address, I didn’t receive any of the paperwork.
I’m currently sorting all my outstanding debts and have today received letters from PRA about 2 other debts managed by them (Egg and Barclaycard) to confirm the debts are unenforceable as they cannot produce the CRAs I requested. I’m still waiting for a response about the CCJ debt. If they respond stating they cannot produce the CRA for this debt (which i believe they will) where do I stand? What, if any action can I take? Can I request the CCJ be removed?
Thanks, Reana
Sara (Debt Camel) says
A creditor with a CCJ is not obliged to produce the CCA agreement. They may respond to you and say this.
Reana says
Thank you Sara.
Does that mean there’s nothing I can do regarding the CCJ?
Reana
Sara (Debt Camel) says
Talk to National Debtline on 0808 808 4000 about whether you have any grounds to apply for a “set aside” of the CCJ. This gets harder the longer it has been since you found out you had a CCJ. And if yiu succeed, it just restarts the court case, so you need to think you have got a very good chance oF then defending it, as otherwise you would get a CCJ in 2020 which would be worse.
Ethan says
Hello,
I have checked my Experian credit report this morning and found out that there is a CCJ against me for £197. It is from the company Parking Eye. I received the fine in 2018 I emailed them to appeal it. They sent back an automated email saying that I would be contacted within 28 days. I heard nothing after the 28 days so emailed them again only to go through the same process of receiving an automated email and no reply after the 28 days. I assumed that they were not going to take it any further so left the situation.
I have read the details of the CCJ on Experian and it says that it has been discharged which if I’m correct means that it has either been payed or dropped. If this is the case then why is it still appearing on my credit report?
I’d be greatful of any help.
Thanks.
Sara (Debt Camel) says
Discharged means you have paid it – which you haven’t?
But a paid CCJ remains on your credit record for 6 years unless it was paid in the first 30 days.
Talk to National Debtline on 0808 808 4000 about whether you can apply to the court to “set aside” this debt.
If you decide to do that, I suggest that you also send Parking eye a Subject Access Request asking for all the personal information they have about you – this may help with the court proceedings.
Hasnara says
Hi I have a default account and it will be 6 years in Sept 2020 finally, it was a large personal loan and I have 13k left on it and for the past few years paying £50 a month to the bank. It went to a debt company but then went back to bank or I actually contacted bank and arranged this way..cannot remember.
I want to try right to buy using the discount as deposit. If I start process now it will take me to sept I estimate before i need to look for mortgage. Is that too soon? Shall I wait for it to drop off or can assume come Sept 2020 I am free from this default?
Sara (Debt Camel) says
so you are still paying this loan? how much is left?
Hasnara Begum says
As of Aug 2019 12k ish so since paying £50 per month, and default will be exactly 6 years Sept 2020. I continue to pay monthly.
Sara (Debt Camel) says
then you may find it very hard to get a mortgage until this debt is settled. Even if it isn’t on yiour credit record, mortgage lenders ask for your bank statements and will see the payment to this debt.
Hasnara Begum says
Then do I risk not paying this for next few months on agreement with bank so does not show on statement? Would I then be chased or not because its going to be 6 years sept 2020? Thank you
Sara (Debt Camel) says
Then you could get a CCJ. A seriously bad idea.
Jimmy says
Hi there, I am after some information
A car finance company went to court and was awarded a CCJ against me (This was back in 2016) – I have been making repayments eery month as the money was taken straight out from my wage.
In September 2019 i was made redundant and was then unable to carry on making payments.
The car finance company then sold my debt onto another company so now I have to repay them
My question is, because I have a CCJ that states I must repay said car company, where do I stand now? Because all my paperwork from court and all the documents relate to me and car finance company. No where on court docs does it give an option for my CCJ debt to be then sold?
My understanding is we both have a contract which states I must repay said car finance? But now, they hav sold my debt for the outstanding balance so they have now received their money back, and now I have to ay a new company? Yet none of this is mentioned on the court papers?
Said car finance have recently been fined by FCA and was ordered to pay compensation to their customers for the wrong doing and mis selling finance.
I had never missed a payment when reaying back the debt, then, when I was made redundant, they sold my debt , yet till have a court binding document in lace which clearly states I must continue to repay them?
Sara (Debt Camel) says
what are the rest of your finances like? Are you back in work?
Amanda says
Hello.
I have issued a small money claim which has now gone to a CCJ. I did not want to issue the CCJ as it is to a school and didn’t need to be done, but it has been issued by the Judge for them to pay, but the have a month to pay this (unless they state they do not owe it) I had tried mediation Twice (both times cancelled on their side) and even went to them when I found the contract (they are arguing the contract is non and void, even though is was written by old headteacher and council) but I am here now. All this was written in my claim. It has never been about the money, but more for the contract I have with them. (It’s all a very long story) so I am here now been granted the CCJ and for them to pay forthwith.
The main question is the school will be closed soon and I can not see them paying anything out. So would I then have to wait until September for the next stage if they do nothing.
Thank you for your time.
Sara (Debt Camel) says
I can’t suggest how to enforce a CCJ.
Amanda says
Ok. Thank you. I didn’t want to do it, but they said they only way they would enforce the contract would be through court. If it was the other way round, then I would be mortified.
Sara (Debt Camel) says
You have won your case. It is reasonable to assume that you will be paid.
tracy says
Hi I’m just wondering if anyone could help me with an amigo loans querie.
Basically 2017 I took out a 2k loan in my name for a friend her brother was guarantore. The loan was paid into the guarantored bank then split 3 ways and was to be paid back 3 ways from my account then the guarantore and my friend wanted to reloan it went on from there for 4 months topping up to 8k in total payments were made then the guarantor and friend stopped paying repayments I tried to pay but couldn’t afford to spoke to amigo explained situation they went through my finances and it showed that I couldn’t afford repayments and took me to court I complied all the way through and went to court the judge said I shouldn’t have been the one they were chasing it should have been the guarantore However due to a section in the loan t&C’s he had no other option but to give me a ccj amigo wouldn’t agree to my offer of £10 PW so I filled in a form from the court and they overruled amigo agreeing I could pay the £10pw. The guarantor has not been chased nor have they made any payments since the 4th reloan or attend court at the time of the loan I was a single parent on disability benefits this hasn’t changed except my partner now lives with us. My credit was very poor with ccjs when the loan was taken out . The guarantore was only 20 or 21 with no assetts just on minimum wage. do I have a claim for irresponsible lending Any advice would be extremely appreciated. Thank you
Sara (Debt Camel) says
at the time of the loan I was a single parent on disability benefits… My credit was very poor with ccjs when the loan was taken out.
Than that may well be a good complaint.
Amigo loans are aimed at people with bad credit records, but having CCJs means Amigo should have looked in detail at whether you could afford it.
If you were on disability benefits, you probably had extra costs because of your disability and Amigo should have asked what they were and allowed for them.
For the borrower, it is irrelevant whether the guarantor could afford it.
The template letter for an Amigo complaint is here: https://debtcamel.co.uk/how-to-complain-guarantor-loan/
Because you already have a CCJ. change the standard “I am asking you to remove the interest from the balance so I only have to repay what I borrowed”
to read
“I am asking you to remove the interest from the balance so I only have to repay what I borrowed, to set aside the CCJ, and to allow me to reduce my monthly payments to an affordable amount.”
BUT this may well still mean that you owe money. If you have other problem loans and CCJs, then I suggest before you do this you take some debt advice about whether it would be better for you to simply go bankrupt or have a debt relief order if your debts total under £20,000. There is no point in spending months trying to get this Amigo loan resolved if you are still left with unaffordable debt. I suggest you phone National Debtline on 0808 808 4000 and talk about your whole debt situation.
tracy Chapman says
Thank you. I looked into a DRO but was told because I had more than a certain amount left each month I wasn’t elidgable? Bankrupty I was told I would need £600 to do. I think my debts are around 13k with this amigo included. So if I did the complaint to amigo what would happen. Would I still owe the loan amounts and it wouldn’t wipe out the debt? What would the complaint achieve if that makes sence I mean at present I’m paying the 10pw which is affordable but it’s not even touched the debtb its so big that’s in 2 years I been paying it thanks again
Sara (Debt Camel) says
Is your only income still from benefits?
tracy Chapman says
Yes we get income support and carers allowance tax credits child benefit and DLA for my daughter
Sara (Debt Camel) says
who did you talk to about a DRO?
tracy Chapman says
I can’t remember 100% but it may have been citizens advice
Sara (Debt Camel) says
That sounds unusual… I think you have two things you need to find out more about before deciding what to do.
1) phone National Debtline on 0808 808 4000 and ask if you would qualify for a DRO. if they say No, then you can rule that option out. If they say Yes, then you need to choose between that and an Amigo affordability complaint.
2) I wrote earlier that “BUT this may well still mean that you owe money. ” Do you know the details of the Amigo loans you had? If you do, I can help you look at what might be the result from an affordability complaint. So how many loans did you have? Was it tow, the first one and a top up? Do you know how much you have paid to the first loan? to the top up loan? And then how many £10 payments to the CCJ?
tracy Chapman says
Hi I will deffinately call and enquire about the DRO thanks you. And yes I have all the details of loans.
4 loans in total. Only one for ccj which is last loan all others were paid in full when reloans taken.
First loan 2k 23/3/17 second loan 4k 3/05/17 third loan 6k 1/6/17 fourth loan 8k 3/7/17.
I’ve paid 88 weekly payments of £10 since 7/11/18.
First loan was paid twice @ £123.63.63
Second loan once @ £171.10
Third loan once @ £237.15
Fourth loan 3months @ £316.20
Balance now as of today is £9671.72 but says interest is still charged
Sara (Debt Camel) says
ok, do you remember how much you got in cash from the three top up loans?
tracy Chapman says
It all went through my bank I’d have to double check it was well under half every time. Eg the 2k was paid to guarantore who then took his share then sent it to his sister who took her share who then sent to me. £700 a time roughly. There was no direct payment from the guarantore to myself at all. All repayments were made from my account if that makes any difference.
Sara (Debt Camel) says
ah no, I need to know how much your guarantor was paid out for the top up loans, not the proportion you got.
tracy Chapman says
Ah ok give me a second I’ll go through emails see if I can find out
tracy Chapman says
Sorry to be a pain where could I find that info. I’ve got all the pre contract and credit agreements and online account but no where is it saying how much was paid out for each loan after settling the previous loan the only one I have that info for is the very last loan. I don’t even know the guarantore or speak to the so called friend anymore to even find out from them. I’ve looked on my online amigo and it’s only showing details for the final loan. That shows that the settlement of the 6k was £5979.22 then another paid to guarantore £2,020.78 totalling 8k reloan but we had also paid the £237 monthly payment on the 6k before the loan of the 8k So I think in total for 6k one we paid £216 interest plus the 6k back. All loans were taken within a 5 month period and I believe the 4k was the only one we paid 2 repayments before reloaning. (Other than the 8k) hope that makes sence sorry
Sara (Debt Camel) says
I don’t know. But if you ask on the main guarantor loan page https://debtcamel.co.uk/how-to-complain-guarantor-loan/ there are dozens of people there who have had top up loans from Amigo so someone may know… I need to know for each top up loan EITHER what you were paid in cash OR how much was used to settle the previous loan. Say you don’t have your bank stand only the most recent online loan account.
tracy Chapman says
Ok thanks I’ll try find out. I know each loan was cleared in full with each top up. The loans wernt paid to myself they were paid direct to guarantor so won’t show on my bank statement. And the statement on amigo is only for the 8k there’s nothing on there about any previous loan. I might be able to ask them to send me proof of all loans and pay out amounts. They should still have records of them surely
Sara (Debt Camel) says
I know each loan was cleared in full with each top up. Yes they would have been.
The loans wernt paid to myself they were paid direct to guarantor so won’t show on my bank statement. That’s what always happens, but normally the guarantor gives the borrower all the money so they then show on your statements too.
tracy Chapman says
The guarantore didn’t pay me the money he took his share then paid it to his sister she took her share then she paid my share to me so the exact amount that got put into guarantored account I’m unsure of I’ll check my bank statements and contact amigo see if I can find out exactly what was paid to him on the second and third loan as the first would have been the full £2000 and the last one on the 8k loan was £2.020.78 as £5979 cleared the 6k loan.
chris says
Hi, I have a C CJ on my credit report with is over 3 years old, the debt was passed on to a collection agency and they have written off the balance but my report still says it is active, is there a way I can get this updated on my report as this is missleading to future lenders, I have asked the debt colloection agency and they say they cant change anything as it was only written off as a gesture of good will.
Sara (Debt Camel) says
This is very annoying, but there is no way to get a CCJ marked as satisfied unless you have paid it in full. It will drop off afre 6 years.
anon says
Strange question: Am I liable as the claimant to take payments?
About 5 years ago I had a successful claim against someone who owed me money. They never made any payments, blocked me on social media etc and despite my best efforts I couldn’t get it taken from their wages or get bailiffs involved. I since forgot about it and moved on a long time ago.
Now they’re messaging me because it’s come back to bite them, I assume through their credit rating. They want to make the payment and for me to confirm this to the court. It’s not that much and honestly I would get more enjoyment from their suffering after ignoring me for 5 years and only wanting to pay up when it suits. But I don’t want to put myself at risk.
So, am I liable to do anything?
Sara (Debt Camel) says
A strange question indeed – you would have to ask a solicitor I am afraid.
Julia Michell says
i received a CCJ plus costs of £150 when I forgot the date of the telephone hearing by accident. I applied to have the judgement set aside. I had a letter from the doctor. At this telephone hearing I did not get the letter in time so could not email it to the court then my phone signal dropped due to stormy weather and they could not get back in touch with me. I emailed the court to tell them what had happened. They dealt with it in my absence, dismissed it and ordered me to pay the claimants costs of £180. I want to complain and explain but I have lost faith with the justice system, the judge said I had left the call but it was not deliberate. It was a telephone hearing because of covid-19. I cannot get solicitors advice in time because of covid-19. The case was bought by a parking company who I have already paid £45, they wanted £160, it could have been £60 but I was abroad dealing with my late husband’s affairs and did not get the original PCN even I wrote and told them when I got the bailiffs demand.
Sara (Debt Camel) says
What a mess. But I don’t know if there is anything you can do and I can’t give advice on a court case, I suggest you talk to National Debtline on 0808 808 4000 and/or post on the Legal Beagles forum for help: https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues