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 one calendar month, 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?
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
Richard says
I have recently returned from living overseas to find out I have a CCJ on my record, from HSBC.
The CCJ was assigned in June 2015, but the date the CCJ was given appears to be Feb 2017. I was living overseas from March 2012 – March 2019, so I have not received any papers stating what the claim is for.
I would like to claim to have the CCJ set aside, however, I’m not sure if it’s worthwhile spending the £255 or whether to just pay the outstanding amount. I need to apply to remortgage my house, so I’m concerned.
The problem is, I don’t think I informed the bank I was leaving the UK and changing my address and I don’t actually know what the charge is for.
If I pay to set this aside with the court, will they reject it because I didn’t inform the bank I was leaving? Or will I be able to restart the claim (meaning I could pay the outstanding amount) and not have the CCJ on my record?
I appreciate your advise and help.
Sara (Debt Camel) says
Do you know who the creditor is?
What do you mean by The CCJ was assigned in June 2015, but the date the CCJ was given appears to be Feb 2017. ?
Richard says
Yes, it was HSBC Bank.
This is the information the court sent me;
THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT(S) UNDER A CONTRACT BETWEEN THE DEFENDANT(S) AND HSBC DATED ON OR ABOUT MAR 10 1998 AND ASSIGNED TO THE CLAIMANT ON JUN 15 2015 PARTICULARS A/C NO – 402333/01387790 DATE ITEM VALUE10/02/2017 DEFAULT BALANCE 322.67 POST REFRL CR NIL TOTAL 322.67
Sara (Debt Camel) says
That sounds like an overdraft – is that possible? It may have been smaller when you left but then charges added up?
The “assignment” there means HSBC sold the debt to a debt collector. The debt collector will then have tried for a year or two to get you to pay it before going for a CCJ in 2017.
Richard says
Ok, so do you think it’s worth us trying to get the CCJ set aside as we didn’t receive any communication from a debt collector or about the CCJ/case?
I’m hoping if we get it set aside, they can start the case again, we will be able to pay it and have the CCJ removed?
Sara (Debt Camel) says
“If I pay to set this aside with the court, will they reject it because I didn’t inform the bank I was leaving?”
I can’t give advice on this. I suggest you talk to National Debtline on 0808 808 4000
Richard says
Thank you so much for your time and help. I will give them a call
Jenny says
Hello. My friend received the below from the county court. He was being chased for repairs on his leasehold property after the owner took the shop back after 6 month taking the shop back. They asked for 70k for wear and tear and are planning to convert the shop to a house.He didnt have the monies and ignore it thinking it would go away. Then he got a letter from the county court. Is this positive news. I told him yes but now he is worried. Thanks.
General form of judgement or order
it is ordered that
1.Application for third party debt order dismissed and interim third party debt order against HSBC discharge.
2.Hearing this date for 14th of August 2018 discharged.
Sara (Debt Camel) says
Unless he knows why this happened, I would describe it as odd news rather than good news, because the problem is unlikely to have gone away.
I suggest he phones Business Debtline see https://www.businessdebtline.org/
Jay says
Hi Sara,
Could you help me in which is the best way forward…I received a letter from silicon debt which also had a form 3A Simple procedure claims form and 3D simple procedure timetable served by Hannah’s sheriff officers Glasgow
Silicon debt recovery bought the debt from loans to go, my original loan was for £360 and with interest to pay back 1468.08 at £81.56 x17 monthly payments.
I was in a lot of debt to be honest still am but had nowhere to turn. Can I dispute the ludicrous interest on this loan, or have I no chance…could you please please help
Glasgow
Sara (Debt Camel) says
I can’t suggest what you should do about these Scottish debt collection forms – I will ask a Scottish adviser to answer here. If you have a lot of other problem debt, it may be simpler to look at your insolvency options rather than firefight each individual debt.
As a separate matter you can make a complaint to Loans To Go, see https://debtcamel.co.uk/worst-loan-in-britain/ for a template to use. If you have had costs added for Scottish court procedures you can ask for these to be refunded. But if insolvency is a good option for you, there may be little point in wasting time trying to get one of the debts reduced.
Jay says
Hi Sara
Can I still make a complaint to L2Go if the debt has been sold
Jay
Sara (Debt Camel) says
yes you can.
Jay says
Hi Sara,
I will use the template, for the time to pay form, if I fill it in it means I am accepting the £1468 interest, how shall I go about this….thank you for your help
Alan McIntosh says
Hi Jay
In addition to the comments by Sara regarding making a complaint, all I would say is I have a webpage you can visit that explains Simple Procedure, which is a type of Scottish Small Claims Procedure, done through the Sheriff Court.
https://www.advicescotland.com/simple-procedure/
Basically you do not need to attend, as it is a civil action and as you are not disputing you borrowed the money, there may not be much point. The complaint procedure that Sara mentioned may be more fruitful. This means they may get a court order against you unless you have a defence, like you didn’t borrow the money. Simple Procedure does offer Time to Pay Directions you can apply for, but if you have multiple debt, the Debt Arrangement Scheme or insolvency may be a better option, as thse are multiple debt solutions and give you some protectons.
Also here is a list of free advice agencies in Scotland that can advise you. You would be best seeking advice about what you should do with the Simple Procedure forms: respond or ignore
https://www.advicescotland.com/find-your-local-advice-agency/
Angela says
Hi Jay. I would agree with Sara and recommend you get debt advice before the deadline on the simple procedure form. As you have other debts its there may be a formal debt solution which may mean you can ignore the court form. A money adviser would be able to discuss all viable options based on your circumstances for you to decide what works best for you. Here is a link to find a Money Advice agency in your area – https://www.advicescotland.com/find-your-local-advice-agency/
Megan says
Wondered if you could help. I found out I have 2 ccjs from checking my credit file .. they are both from a previous address and have never recieved a letter about these so I wasn’t aware I had them . It shows one was from 2015 and the other 2018 how do I go about trying to pay or make a payment plan as it doesn’t tell me who the money is owed too ?
Sara (Debt Camel) says
If you look on Trust Online https://www.trustonline.org.uk/ it will tell you which the court was, so you can phone up the court and ask who the claimant is.
Or of course you just wait until someone contacts you. After 6 years it is very hard for a creditor to enforce a CCJ – they have to go back to court again.
Paying these will not affect your credit score, although it may make some lenders more prepared to lend to you.
William says
Hi, I arrived home and I noticed a letter had been placed above my communal post box which said my name but was addressed to the wrong flat, I assume my neighbour left it out for me to see. It’s a photocopy with handwritten name address and case number. It states it’s from HM Courts & Tribunals Service & they have visited to serve court papers, it asks me to call a mobile number as a matter of urgency, signed ‘Court Enforcement Officer’. Any ideas what this could be as I do have some bad debt but the process of a CCJ doesn’t seem to have been followed & I read they normally post it. Any help or advice appreciated. Thanks.
Sara (Debt Camel) says
If they have the wrong address, you may not have received previous court papers… A Court Enforcement Officer is a bailiff.
You can check your credit record – they should show CCJs and are free. But if the address is wrong it may not be linked to your credit record.
You can check if you have a CCJ by searching on Trust Online.
– If you know the case/claim number this is free – is that on the letter you have? See https://search.trustonline.org.uk/Search/CaseNumber
– otherwise you can search by your name and address, see https://search.trustonline.org.uk/Search/Person this costs £6 a search. You may need to do 2 searches, one for your real address and one for the incorrect one.
If nothing is showing, there are various options – a court case may be underway and not have finished, it could be a Magistrate’s Court case not a County Court Case, or this may not be from a real bailiff at all and it is a scam.
I suggest you phone National Debtline about this on 0808 808 4000. You can talk through exactly what the letter says. If you have a CCJ as the papers went to the wrong address National Debtline can talk through your options to get this “set aside“. And they can talk about the rest of your debt problems as well.
William says
Thanks so much for your reply Sara.
I regularly check my credit file and this seems unaffected and is stable. I also checked the case at trust online, it was £5 but good to see what this is about. I believe it is an old debt that I owe and states unsatisfied record (is this a CCJ?), however they do have the wrong address listed, but the previous correspondence I have received from who I believe the creditor to be, was sent to the right address.
What would you suggest I do in this scenario and what does set aside mean? I really don’t want a CCJ.
Thanks again.
Sara (Debt Camel) says
If if is on Trust Online under the wrong address, this is a CCJ. That Means the letter probably isn’t a scam.
Because if the wrong address it may be comparatively simpke to set it aside. But then the creditor can simply start the CCJ case again… so can you then pay it? Or do you have a reason to defend the case? And what about your other debts, you can’t offer all you money to one debt, what will you do if the next creditor goes to court?
So talk to National Debtline on 0808 808 4000 on Monday about setting a CCJ aside and whether you should do this.
Katie says
Hi I received a CCJ back in March for rent arrears for my shared ownership home. Since then I sent the eligibility form to the company and several emails due to Covid which they ignored. I then contacted their solicitor and have tried to make an agreement for payment. I offered £200 they asked for £600 I then sent my finances to them again and said at a maximum I can pay £350 they then asked for £730. This has done on for months and they take Atleast 6 weeks to come back to me each time. When I queried how they can ask for this when I have proved I can’t pay they have suddenly sent me a notice for forfeiture in the post. I received it yesterday and they have demands the money before 20th of this month. What are my rights? What can I do? Any advice would be helpful!
Sara (Debt Camel) says
I suggest you talk to National Debtline urgently about your options. Ring 0808 808 4000.
colin rich says
Hi Sarah
I’ve discovered I have a CCJ from January 2015. I was working abroad and did no know. I have traced the debt via Northampton courts to CST law. I have the original law firm reference and am trying to pay the £1777. My problem is the law firm do not have any record of my case, my name or address details anywhere so can’t process the payment. I have tried to contact She’ll Energy as they now own First Utility who are the claimant.
How do I clear this debt or get it removed from my file?
Thanks
Sara (Debt Camel) says
The debt will drop off your file in January 2021.
Paying the debt will not remove it from your record and it may take you a while to pay it.
The only way to get it removed is to ask the court to set it aside – as a matter of practicality a set aside application may not be heard for weeks or even months, so this may not be resolved much before January anyway…
One option would be to put the money to one side and wait until you are contacted about it in the next few months.
After 6 years, a creditor can only enforce a CCJ with permission from the court which is rarely granted.
If you talk to National Debtline on 0808 808 4000 they can explain your options, including how to apply for a set aside and whether this is likely to succeed.
Chris says
I have just noticed that I have a CCJ from a water company from 4 years ago. I have absolutely no idea why I have this on my file as I live with my parents and they have always been up to date with the bills. I do recall a gentleman knock on the door around 4 years ago asking about an outstanding water debt. I told him I had no idea what it was about and I gave him my name. It now transpires after a little investigation that the debt belongs to the tenant next door (I live at 12a and she lives at 12) I feel that the gentleman knocked on the wrong door and I’ve took the rap for this bill. I should have closely inspected the paperwork but I didn’t. My neighbour admits to this debt. What are my chances of having this set aside? Thank you
Sara (Debt Camel) says
You have no legal liability for next door’s water bill. Talk to National Debtline on 0808 808 4000 about how to apply for a set aside.
Wes says
Hi Sara,
I have just received a Jugement for Claimant (in default) letter for an unpaid parking ticket from Decemeber 2019. It says I must pay parking company £190.
I did not receive any court papers regarding this and the last letter I received from the parking company was in February 2020 which was “Letter before county court claim”
Can you advise what I should do? I can afford to pay this off next but have been sent no details on how to do this and just wondering if there are any other options available to me as I was unaware this was taken to court. Is there any point in disputing this as I understand i would need to pay £255 fee currently which is more that the outstanding debt.
Sara (Debt Camel) says
Did you respond to the Letter Before County Court Claim? Did it come with a Reply Form?
What are your grounds for disputing the ticket?
Wes says
I did not receive a letter before the county court claim and have not received any forms,
The grounds I could dispute the ticket are there was inadequate signage where ticket was issued?
Sara (Debt Camel) says
If you pay the debt now that is within calendar month so it will disappear from your credit record.
I suggest you talk to National Debtline on 0808 808 4000 about your options. As you say it will cost you to apply for a set aside (unless you are on a low income? See https://www.gov.uk/get-help-with-court-fees) so you have to be very sure you will get the set aside.
Wes says
I’ve just checked my credit score and it is not currently showing on there.
Sara (Debt Camel) says
It can take some time to update your credit record.
Emma Fletcher says
Hi I have a ccj on my file from 2015 and about 2 years ago the court threatened bailiffs so I phoned and paid the full amount to the court however it still does not say satisfied on my report and the amount I paid is different to the claim amount I’m confused and I’m trying to buy my house from the council and they are refusing me because of this
Sara (Debt Camel) says
That sounds odd. Can you phone National Debtline on 0808 808 4000 and talk through all the details with them.
Aldo says
Hi Sara, I have been given a Section 21 by my landlord. Would I still get a CCJ if I decide to stay in the property and wait just before the court date and then vacate the property before its court date ?? Please let me know. Thank you.
Sara (Debt Camel) says
Do you have rent arrears? Will you be able to clear them?
What Notice period has your landlord given you?
Jacky Stainton says
Hi, Looking for advice, I’m feeling that my situation is impossible .
After leaving a very bad personal relationship I moved in with my brother, he’s happy for me to stay here for the time being I pay him what I know is a very low rent.
Our mother has lived in the same LA rented property for 60 years and so, in order for me to have somewhere longer term to live has agreed to buy the property through the help to buy scheme. The purchase price is £30000. I have £15000 available in cash and would need to raise the rest through a loan/mortgage ( though I would not be the owner, mum would, so could I get a mortgage on a house I wouldn’t actually own ? )
I also have a CCJ which will be discharged March 2022… otherwise my payment record is clear, I have no outstanding credit other than Car insurance, very little on C cards. Would a mortgage broker be my best bet ? Thanks in Advance
Sara (Debt Camel) says
Is the idea that your mum continues to live there and you still stay with your brother?
Any chance of your mum getting a mortgage?
You cannot get a mortgage on a property you do not own. The council will not sell it to you as you are not the tenant.
What do you mean you have a CCJ that will be discharged in 2022 – that it will be paid then? or it will drop off your credit record then?
Jacky Stainton says
Hi, yes the idea is that for now I will stay with my brother, thought that might change if mum eventually wants me to move in. She’s 88 but is mostly independent, apart from shopping etc.
I understand about the mortgage, as mum will be the home owner even though I will ( ideally ) be providing the finance.
The CCJ will drop off my record in 2022, it was Satisfied in Nov 2018. Thank you
Sara (Debt Camel) says
Well as I said, you cant get a mortgage for a property you don’t own. And the council will only sell it to your mum.
Unless she has 15k in savings or could get a mortgage herself, it’s hard to see this will work. With a CCJ on your record, no-one is likely to loan you 15k unsecured.
Jacky Stainton says
Thank you for your time Sara, sadly this is the only way I will ever secure somewhere permanent to live for the longer term.
There is a possibility I can borrow from family, I had hoped to avoid that but needs must.
Thank you again
Sara (Debt Camel) says
15k in savings is pretty good – especially if you are paying little rent.
The other problem is your mum’s age. If she were to die within a few years of buying the house, some or a lot of the discount may have to be paid back to the council. She would need to check this to be sure what might happen.
Jacky Stainton says
Thank you, I was under the impression that if she left it to me in her will, and I didn’t sell, but moved in, then the discount would stand. I understood that if it was sold then I’d have to pay back the discount. Thank you though, its something I definitely need to check. Lots to think about, you’ve been very helpful. Thanks again
Sara (Debt Camel) says
This may depend on the particular local authority.
Jamie says
Hi Sara, I hope you’re well – I was wondering if you could help?
I had a debt with Lantern which was then passed to Moriarty Law and a CCJ was awarded.
I was looking through my credit file and old accounts and found that i had in fact paid the debt in full yet still got the CCJ (this obviously affected my credit rating)
I recently complained – and this was upheld as I had paid it – they are advising the CCJ will be removed and will be taken off my credit file – Do you know how long this process should take?
Also any idea how my credit score will be affected when this is removed.
For context CCJ awarded Feb2018 – Satisfied Dec 18. Complaint upheld 23/10/2020
Thanks in advance :)
Sara (Debt Camel) says
Well done!
I’m sorry, I don’t know. It should be a formality to get through the court as the creditor is asking for the set aside , not the debtor. But it is still paperwork and needs to go through and I don’t know how long that is likely to take.
Connor says
Hi Sara,
I have just recently checked my credit report and to my shock I found out that I had a CCJ. I did some research and rang up the court and they said it was from a car insurance company. I had my insurance cancelled with this car in July 2015 which I did myself. I then moved address in June 2016 and lived there till March 2018 (I’m in the military so constantly moving around) I’ve now been at my current address since March 2018 and the CCJ was issued 8 months (Nov 2018) after I moved out of the address I lived at 2016 -2018. The insurance company never sent any letters to me for money owed or sent any emails, or even tried to call me ( I think they may have an old number, but I didn’t deal with them so wouldn’t think to update an old insurance company of a new number)
The CCJ is only for £209 I’m trying to figure out what’s the best plan of action for me to take is ( was going to get a mortgage the end of this year so this CCJ has ruined that )
Sara (Debt Camel) says
I suggest you talk to National Debtline on 0808 808 4000 about asking for a set aside.
Mik says
Some advice please. I had enforcement officers turn up at my door last week but I was away. They left a letter. It turns out I have a CCJ from an unpaid parking fine. I did receive one letter from Jacobs enforcement asking me to pay either £158 upfront which I couldn’t afford or set up a payment plan. I contacted them to set up a payment plan and they rejected it. Unbeknownst to me this was already after a warrant of control had been issued on 30th July so even if I pay in full now I won’t be able to remove it. I was also under the impression that all action was suspended as a result of Covid until very recently. Do I have case to have the CCJ set aside as I cannot prove I didn’t receive any of the communications?
Sara (Debt Camel) says
I suggest you talk to National Debtline on 0808 808 4000
MD says
Hi,
I really need some help. I have discovered that I had CCJ of 3k under my name last year. However, I appealed it and the judge refused to set it aside as I was out of time. The invoice was paid to the company within the first 30 days last year, however the director was not aware of it- it was paid in cash to one of his employees who no longer works for the company. Now, the company said they will try to send a letter to the court to inform them it was fully paid. Is that all what needs to be done? will I/ claimant need to provide anything else?
Do courts send confirmation after this letter?
Sara (Debt Camel) says
What was the date of the CCJ?
Had you applied for a set aside after you had paid it?
Md says
Date of the ccj was on 5th June 2019. I applied to set it aside after 30 days (last year) and it was refused by the judge then. I appealed the judges decision and it got dismissed ( early 2020) I have provided all docs and witness statement etc.. but nothing helped. An extension of time was not allowed!! Not sure what else to do!! I’m thinking of taking it to the high court but its going to be very costly process.
I have spoken to the court and they said they need a letter from the claimant to confirm it was paid so they can update the system and inform the credit agencies. The thing is the company director(claimant) has never dealt with me and he is claiming that he never received the money. I have paid it in full to one of his ex employees who no longer works there. He has provided me with a letter last year but not sure if I can just print it out and send it to the court? I cannot think of any other option..
Sara (Debt Camel) says
Did you not get a receipt for the money? That is a lot of cash to hand over?
Md says
No, I haven’t got one, only a letter from his company issued by his employee. Can I not send that? I cannot think of any other option.
I know its alot of cash, I was asked to pay in cash which was a big mistake! I didn’t know they were crook
Sara (Debt Camel) says
This all sounds difficult, you need a debt adviser to talk through all the details with you, not general suggestions from me.
I think you should call National Debtline on 0808 808 4000 tomorrow.
Md says
Hi Sara,
The claimant has finally agreed to acknowledge the payment after contacting him several times(over the phone) I have asked him to send me a letter to confirm the payment, he asked me to send him an email with my request.
Now, since I have paid the full amount within the first two weeks, I expect the ccj to be removed completely than marked as satisfied.
Will the court be okay with it? the fact that a hearing for set a side was dismissed twice?
What is the exact procedure? Confirmation of payment and the date and thats it? Do I need to explain the situation in details or just keep it simple?
Thank you very much!
Sara (Debt Camel) says
I repeat my suggestion for you to talk to National Debtline.
Julie says
Hi Sara.
Wonder if you can help.
In January I received a letter from capquest / and also a court letter regarding the same debt.
This was a debt I couldn’t remember even taking out (shop direct) so I queried with them and asked for paperwork etc.
They have recently got bk in touch stating that if I don’t get in touch they will apply to the court to lift the stay of proceedings.
My question is on the paperwork it states the debt defaulted in June of 2014 – as it is more than 6 years can I email bk and say debt is statute barred under the limitations? Or because they applied to the court in January before the 6 years is this not possible to do?
Any help appreciated.
Many thanks
Sara (Debt Camel) says
When a court case is started that stops the 6 year clock running, so this probably won’t be statute barred.
But have Capquest supplied the CCA agreement for the debt? I suggest you should talk urgently to National Debtline on 0808 808 4000 or post of the Legal Beagles forum https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues
A B says
Hi Sara,
I have been served a CCJ in absentia and have been asked to pay the claimant the sum approved by the court. The claim is for £800 that i forfeited from the tenants deposit to pay towards the property maintenance and furniture that was more than worn out by the tenant whilst they lived there. They are not claiming 2x the deposit.
I have been living abroad for the past 5 years and did not receive any of the papers from the court and only got to know of the court decision when the tenant contacted me.
Can you please suggest what options do I have regarding this?
Sara (Debt Camel) says
were you the tenant or the landlord?
A B says
I am the landlord.
Just to clarify, I had forfeited £800 for extensive wear and tear to the property and provided proof to the tenant of extensive wear and tear. Now the tenant is claiming 2 times the initial deposit, when I had in fact returned most part of the deposit back to the tenant and only kept a portion to cover for the costs.
Can I set the judgement aside whilst I am abroad? I will definitely not be able to visit the UK for a hearing so what are my options to receive a fair judgement?
Sara (Debt Camel) says
It sounds as though the tenant was saying the deposit was not protected in one of the approved schemes. If it wasn’t, you probably don’t have a defence. Have you talked to your agent about this?
A B says
Hi Sara, this is correct, the deposit was not protected. Does that mean that they can ask for 2 times the deposit even if the dispute is for £800? Do I have any other options?
Sara (Debt Camel) says
Yes, see https://england.shelter.org.uk/legal/housing_options/deposits/section_214_claims.
I suggest you get an agent to manage the property who can explain the law to you.
Jordan says
I’m not sure if this is the correct page so apologies if it is.
If you get a summary warrant for council tax arrears, does it affect your credit file?
I live in Scotland if that makes a difference.
Thanks
Sara (Debt Camel) says
Hi Jordan,
can I suggest you ask this question on this page on a specifically Scottish blog that is written by a very good debt adviser: https://www.advicescotland.com/home/council-tax-debt/
Jordan says
Thank you very much.
Andrija Pavlovic says
I had a CCJ issued to me in 2016 which was settled in full 40 days later. Its still on my credit file and is affecting my score. I am considering asking the court to set the judgement aside. I understand that they will consider this if the ccj is settled within 30 days. Is it an automatic “no” if its 40 days?
Sara (Debt Camel) says
For a judgment to be set aside there has to be a reason why it should not have been made. Whether and when it was paid is not relevant… Talk to National Debtline on 0808 808 4000 if there is a reason why you think the judgement should be set aside.
Anonymous says
Hi, I currently live abroad and received a letter (to my sister’s address which I use for my correspondence) that I have a ccj for £3,600 which was issued on 04/12/2018. I never received any letters about this.
This letter also states that a warrant of control was issued on 21/08/19 to a previous address, but they were informed that I no longer live there.
Letter is claiming that if I do not contact them (the solicitors) within 14 days of the letter they will apply for another warrant of control at the address I use for correspondence.
As I stated I do not live in the U.K. but I do visit once a while.
Can bailiffs go to her address? I wouldn’t want her associated with this in any way.
I cannot afford to pay back this ccj in full. Even a small token amount may be difficult. Is there a way money can be taken from my bank account without my approval?
What do you suggest is my best cause of action?
I may want to return to live in the U.K. before Dec2024 when the ccj is discharged.
Can I offer to pay back £1-£5 a month? Would that be accepted?
What happens if I haven’t finished paying back the ccj before the 6years is up? Can I stop as soon as it drops off my credit file?
If I also ask for a family member to help me pay back a partial amount, is it likely say an offer of £200 of the £3,600 to be paid to mark the debt as settled will be accepted?
My main concern is bailiffs turning up at my sisters address.
Sara (Debt Camel) says
Have you told the creditor where you are living?
Meera says
Hi Sara recently i have received a claim form the county court (lowell solicitors saying I owe £4100 for vanquis credit card which is not mine but 2 months ago I have applied for vanquis credit card got it with 1200 credit limit and the credit card account is maintained up to date I want to know how do I defend the claim what evidence do I need to provide
Sara (Debt Camel) says
To be clear, Lowell has just started a court case? So you don’t already have a CCJ?
Did you tell Lowell the debt was not yours?
Have you asked Vanquis if they can confirm you did not have a previous account with them?
Meera says
I have ignored all the letters from lowell because the debt was not and I haven’t confirmed with vanquis yet
Sara (Debt Camel) says
ah, it is easier to sort this sort of thing out before a court case is started…
I suggested you talk to National Debtline on 0808 808 4000 about how to defend this court case. there are tight timescales for sending in your defence, if you don’t do it in time you will end up with a CCJ “by default”.
Also talk to Vanquis – if they will confirm you have never had an account with them, this could be helpful for your defence. But don’t delay talking to National Debtline while you are trying to get Vanquis to do this.
Meera says
Thank you
Sara
AK says
Dear Sara, can you, please, advise. I successfully set aside a CCJ, the judge ordered a defence to be served in 28 days but because the hearing was on phone due to CV-19 I didn’t understand (or maybe it wasn’t mentioned at all) where the defence should be served, to the local court where the case was transferred or to the original Northampton CC where the CCJ was obtained by default. What is the normal practice? Thanks in advance.
Sara (Debt Camel) says
Can I suggest you ask on the Legal Beagles forum https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues. You also need to discuss what to put in your defence.
Rachel says
Hi
In sep 2019 I was given a letter on my doorstop advising that Nolan’s had taken over a debt I owned from aqua credit card for a court hearing regarding a CCJ.
I wasn’t at this point aware of the first steps I could take and the defence I could put forward. I quite honestly panicked at the thought of being taken to court. I wrote a letter to court advising I was too scared to attend and had been in touch with step change and offered a repayment without having to attend court. I was terrified.
The repayment was agreed in court in my absence, I have been making repayment ever since however I am no way close to paying it off as of yet as my repayments are small as I am currently making token repayments to my creditors as advised by stepchange.
my question is, is it worth going though any of the first steps now that I have already got the CCJ? Could I in theory request the CCA agreement etc to see if there are any options to fight the CCJ in any way or would I be wasting my time and it’s too little too late do you think?
I realise I am way too late, I just honestly completely freaked out and was just glad I didn’t have to attend court
I have made some very poor decisions in the past, now with making token payments I have one CCJ and over 10 defaults mostly with Lowell so I am trying to educate myself as much as possible as to how best navigate this situation and slowly start to repair my situation in any way that I can
Sara (Debt Camel) says
You can’t ask for a CCA if there is already a CCJ. The creditor can simply ignore the request.
How much do all your debts, including this CCJ, add up to? What are your current finances like? Are you buying or renting? If renting, private or council/housing association?
Rachel says
£9754 inc CCJ & defaults on file.
Not on credit file – £1700 repaying A (council tax arrears)
£8000 HMRC overpayment.
Paying low repayments to each, in agreement with creditors.
I am council tenant.
Finances are same.
I have car on HP & amigo loan. i won affordability claim but have some to repay after interest removed and offset against loan from what they calculated.
stepchange adv bankruptcy in 2019 but, looking at my file most defaults are for 2017, so almost 4 years ago. bankruptcy would restart clock & may not inc HMRC/A? car on finance would be in jeopardy which I need. Stepchange then adv to pay token payments & higher £ to priority debts, I pay about 120 spread out.
Is best option to ask for CCA agreements for defaults other than CCJ (most are Lowell / 1 moorcroft / 1 for old acc British Gas)
Option 2 try default dates changed to earlier?
Question for option 2 – I can’t see from my file when the default should be; data is not there for previous creditor which Lowell bought the debt from. I cannot identify when my first missed payment was, only when lowell opened the account and just shows ‘D’ for default on credit file or ‘no data supplied’? There is a date for when Lowell opened the account but acc was prob in default prior.
I also have current credit to rebuild my credit score (mobile phones)
I wouldn’t want bankruptcy to interfere with these and these be closed. I’m up to date with these accounts.
Although I have many defaults and a ccj, my credit score is very poor (around 200 on ClearScore) but could be worse and I think it must be a reflection on how I managing these new accounts and showing a good payment history.
I fear this effort be undone by bankruptcy and also put these new accounts in to jeopardy which I do not want.
Sara (Debt Camel) says
when does the car HP end? how much is the car worth and how large are the payments?
CCA agreements are only relevant for loans, credit cards and catalogues. Not a gas debt, not mobile debts, not overdrafts, not HMRC, not council tax.
This CCJ is with you for another 5 years. During that time your credit will never get to Good however much you try to rebuild it.
StepChange gave you good advice about bankruptcy. If all you can afford is £120 a month, then it is going to take you more than 13 years. As you are paying the debts, Lowell can go for a CCJ for the other debts at any time if they think you have spare money.
Rachel says
2920 left on HP car finance (payments are 199.80 a month) the problem with the car is I was unable to pay the instalments so my brother in law is paying for them for me in return for use of the car. Dropping the car wouldn’t help my finances but it would impact on my brother in law being able to use the vehicle which he does, and is unable to pay out for a lump sum for a vehicle of his own. This would make going bankrupt particularly difficult for me.
A couple of questions with the bankruptcy – I am in Scotland.
– would it include the HMRC debt, the council tax and gas/utility bill?
– would I be able to retain the current credit agreements I have for mobile phones for the family?
– after the 6years would anyone who looks at my credit file know I had been bankrupt would this constantly be on my file?
Sara (Debt Camel) says
As you are in Scotland, I will ask a Scottish adviser to reply.
Alan McIntosh says
Hi
From reading your circumstances, I would agree with Sara and Stepchange, bankruptcy is your best option.
Regarding the car, you wouldn’t necessarily lose this if your brother in law maintains the payments. It is not seen as an asset at this point as you don’t own it (its HP). Once its paid off you do, but its valued at less than £3k at that point, and you have a reasonable requirement for it, its not treated as an asset.
In terms of the mobile phone contracts, you may still be able to keep these also, providing you maintain payments to them.
In terms of your credit rating, the bankruptcy is added on and then removed from your credit report after 6 years. I wouldn’t worry about this, as I agree with Sara, I don’t see your credit score improving until you deal with your debts.
In terms of HMRC debts, these can be included in Scottish Bankruptcies.
To be honest the longer you put off facing up to reality of your situation, you will just delay putting it behind you and getting a fresh start.
Bankruptcy is perfectly routine in Scotland and is nowhere as severe as you are fearing.
Honestly I would speak to Stepchange about it again.
Rachel says
Thank you very much both. After receiving your response you have convinced me to stop burying my head in the sand and I do think this is the route I will now take after your advice.
Do you know what evidence I will need to supply to establish my need for bankruptcy? How many bank statements for example, 3 month worth or would one month suffice? Again, I am in Scotland if the advice differs. Thank you again
Sara (Debt Camel) says
StepChange will be able to explai. All the practicalities to you.
Ade says
I recently joined Experian just to improve my credit rating.. found a ccj on my credit that shouldn’t be there, because when the ccj was originally issued for parking ticket I paid it off within 3 days,… i was surprised to see that this ccj has been on my credit file since 2017 and I am only just finding out now.. this is due to the fact that I don’t apply for credits.. please can I still write to the county court to cancel the ccj as the payment was made well before one month… also I would have thought the parking ticket company would have notified the court the minute payment was received… thanks for you help in advance
Sara (Debt Camel) says
Is the CCJ showing as satisfied?
Ade says
No it’s not.. it shouldn’t be on my record at all as I paid within one month of the judgement
Sara (Debt Camel) says
If it had been marked as Satisfied, then the creditor has made an error about the date and you would have to get that corrected.
But as it isn’t marked as satisfied, read https://debtcamel.co.uk/paid-ccj-satisfied/ which explains what you need to do.
scott says
I’ve just noticed a CCJ issued against me on my credit report dated 30th December 2021 and am keen to pay this off before the 30 day period passes so that I can get it removed from my report however I have no idea who the lender was or which court issued the CCJ as I recieved no letter so all I have is a case number. How can I find out who I need to pay?
Sara (Debt Camel) says
It is very likely to be this court: https://www.gov.uk/courts-tribunals/northampton-county-court-business-centre.
I suggest you phone them up and ask. Be prepared for a long wait on the phone.
If they say it’s not one of theirs, you need to look on Trust Online https://www.trustonline.org.uk/. That will give you the correct court.
Obviously pay the CCJ if you agree you owe the debt. But if you don’t, talk to national Debtline on 0808 808 4000 about your other options. It is much harder to dispute a debt if you have already paid it.
A G says
Hi.
I would like to ask a question. I was in a bad place in2017 and had a CCJ assigned to me. The court paper were 9/10. So my mortgage company also received them and paid in full on the 27/10. I thought nothing of it and have been trying to sort things out. Finally getting back on my feet and realised that the CCJ was marked on my file put satisfied on the 10/11. My question is it was paid on 27/10. I am getting proof from my mortgage company etc.
Do I have a case for it to be removed completely as I feel it is the recipients fault for not dealing with the payment in time. I.e if was a cheque had 8 working days to deal with it and still been within a calender month?
Follow on from this should I ask follow up due to the negative effect it has had on my credit file?
Sara (Debt Camel) says
Why did your mortgage company pay this?
CJ says
Hi Sara,
Wonder if you could help with a CCJ question, I recently received a court claim form from Evergreen finance (Moneyboat) for an unpaid debt from last year, the original amount was £500, this has now doubled plus court fee to £1060. I’m unable to repay in full so I decided to start a DMP self managed with help of Nedcab, I returned the forms with the 14 days with offer of payment.
Money boat have emailed to say this has not been accepted by the courts and I need to pay £150 per month, I cannot afford this and explained this in my income& expenditure forms.
Do the courts usually contact you directly or is it done by the creditor?
I have numerous debts which I am trying to sort out through DMP.
Any help would be appreciated
Thanks
CJ
Sara (Debt Camel) says
Sorry a lot of questions:
Was this the first loan from Moneyboat?
Are any of your other debts from payday lenders or bad credit lenders?
How much do you owe in total?
How much are you paying in total to the DMP?
What was your offer to the court for the CCJ?
Do you also have bills in arrears – rent, council tax, utilities?
CJ says
Was this the first loan from Moneyboat? YES
Are any of your other debts from payday lenders or bad credit lenders? Yes, 2 defaults from 2017 for HSBC loan and barclaycard. Started a DMP with SC then fell backinto debt. Lots of payday loans, current ones loans 2 go, satsuma, money boat, quidie, myjar, old ones with lending stream, myjar
How much do you owe in total? 1800
How much are you paying in total to the DMP? 550
What was your offer to the court for the CCJ? 29.62
Do you also have bills in arrears – rent, council tax, utilities? NO
Sara (Debt Camel) says
How much do you owe in total? 1800
Should that have been 18,000 ?
What went wrong with your DMP that you had to borrow so much?
CJ says
Sorry yes 18000 altogether.
6890 is to HSBC
Next is 2200
Capital one is 1250
Loans 2 go have bump up a 1000 original loan to 3650!
Myjar is 2890
The rest are under 1000.
I over committed to SC with a large monlthy payment to try clear the debt quickly then when I’d paid a couple off I went self managed, so I still pay HSBC and baraycard
. i nearly laid Next off then they upped my credit limit again.
Then I paid something else off I get another credit card and things just sprilliad again. Then I just got one to pay another and go out of control again until I stopped all payments in September to try again.
I just want to get paying them all again, this time I’ve been sensible with my monlthy amount that I have available.
Everyone has accepted my offers accept Money boat. I’m suspicious as they said they had received the forms from the court who have declined my offer. They said they had received the forms back from the court and asked for £150 per month. I returned the CCJ forms to the creditor as stated.
I sent them my I & E form and letter about setting up DMP again.
I really need some advice on the CCJ, there nothing on my file and wondering why they haven’t mentioned it in their most recent email.
Many thanks
CJ
Sara (Debt Camel) says
So first replying about the CCJ (which is what you were asking about!)
National Debtline have good factsheets on this:
– https://www.nationaldebtline.org/fact-sheet-library/replying-to-a-county-court-claim-ew/
– https://www.nationaldebtline.org/fact-sheet-library/varying-a-ccj-ew/?
You can phone them on 0808 808 4000 or their webchat is excellent – full answers from real debt advisers.
If this has got to the point where you have to vary the court decisions, not just ask for redetermination (see those fact sheets) then I would think twice about doing this because of the cost in relation to the size of the claim. It may be simpler to pay them what they want (spit!) and cut down what is going to your other creditors.
Sara (Debt Camel) says
Next I think you should look at affordabilty complaints.
Loans2Go are so expensive, I have a page just about them! See https://debtcamel.co.uk/worst-loan-in-britain/
For Myjar and Moneyboat, use the template letter here: https://debtcamel.co.uk/refunds-large-high-cost-loans/. the one loan from Moneybioar is marginal, but they are being so difficult, why not? The loan must have been unaffordable when you took it out, if they had looked at your credit record they would have realised. So send this & the Myjar to the Ombudsman if they reject your complaint. Add a sentence to the template for Moneyboat saying you also want them to remove the CCJ in your name.
CJ says
Great thank you,
I’ll have a read of those, I think your right, I don’t think they will lower the amount from what I’ve read on this site and others.
Huge thanks
CJ
Sara (Debt Camel) says
well the court may agree to lower it. But as you will have to pay a court fee (as it doesn’t sound as though you are on a low income) this probably isn’t worth it.
SNE says
Hello, I have discovered I have had a Default CCJ filed against me. It was filed in November 2018. I don’t recall receiving any paperwork about this. It appears that the CCJ is in relation to an old store card debt. Reading some information here on your site as well as from national debt line website, I believe the debt may have been over 6 years old at the time the Default CCJ was registered (I think the original debt was taken out around September 2012). Can I challenge the CCJ and ask the court to ‘set this aside’ if I believe the debt was statute barred at the time that the claimant applied to the court?
Sara (Debt Camel) says
Are you saying the card account was opened in September 2012? Or that was the last month you paid? Or that was the first month you missed a payment?
SNE says
Hi Sara, I don’t know exactly when the card account was opened (as I don’t have the official letter) but I do have a letter from the store card (Comet) around September 2012 time talking about a Store purchase. The next letter I have is from Santander in March 2013 saying that Comet had entered administration and therefore my Comet account was closed and that any further statements/communications will be branded Santander. I think the first time that I did not make a payment would have been after then, possibly June/July 2013. The other problem I have here is that I work in Financial Services. I am devastated that having a CCJ will impact my ability to obtain another job, which will be a real problem for me and my family as I am the Chief Income Earner, my husband is a full time student and we have three young children. Any help/advice would be appreciated.
Sara (Debt Camel) says
I think the first time that I did not make a payment would have been after then, possibly June/July 2013
Then it was less than 6 years from that point to when the CCJ was obtained in November 2018, so the debt could not have been statute barred at that point.
You can talk to National Debtline on 0808 808 4000 about your options here eg whether you can have the CCJ set aside because you never received the court papers, then you could simply pay it.
JF says
Hello Sara
I own a share of freehold of a flat and the management company for the building sent a CCJ request in December 2019 to my old address, as I hadn’t paid the maintenance. I can’t prove I told them I’d moved as I didn’t use registered post. As soon as I found out I had missed the maintenance payment in January 2020 – I paid it; with costs it had increased from £1,800 to £3,600. I then found out that they’d applied for a CCJ and it was just over one month so I was told it was too late to set aside the CCJ.
I had regularly been in contact with the management company by email from August 2019 but even though they were in contact with me they didn’t inform me of the missed maintenance or increase debt or CCJ application. I was then told (not by the management company) that a satisfied CCJ is the same as a set-aside CCJ and it’s only now, one year later, that I know that’s not the case.
1 – is there a resource for pre-compiled N244s using correct legal terminology? The N244 form costs ~£250 to submit so I don’t want to get it wrong.
2 – under the circumstances is it likely to succeed?
Thanks very much for your help.
Sara (Debt Camel) says
Talk to National Debtline on 0808 808 4000 – and good luck!
JF says
Thanks, but I don’t have a debt. I was asking about setting aside the CCJ.
Sara (Debt Camel) says
National Debtline will explain the process for setting aside a CCJ. See https://www.nationaldebtline.org/fact-sheet-library/setting-aside-a-ccj-ew/
which says “ The following points may help you when filling in the form. If you get stuck, contact us for advice..”
Ryan says
Hi.
I have 2 CCJS against me, 1 for a parking ticket and 2nd for something i didn’t actually take out but hadn’t responded in time with the courts so was issued against me. I will gladly pay the parking ticket so it’s satisifed because i want to go for a mortgage. I would even pay the disputed one to atleast get it satisifed but i haven’t a clue who to pay for these.
I also had a car on finance a few years ago which i ended up having to give back due to losing my job but the finance people (moneybarn) still want the full payment as originally stated and sold the debt on even though i no longer have the car. What can i do? Thank you.
Weatherman says
Hi Ryan
The court that issued the disputed debt (usually Northampton County Court) should be able to tell you who to pay for that one.
A satisfied CCJ still affects your credit rating, just so you’re aware. Depending on the mortgage lender you apply to, they might not worry too much about it.
With the car finance, did you make it clear to them when you returned the car that you were ending the agreement? And how much of the agreement had you paid when you returned the car?
Sara (Debt Camel) says
Many mortgage lenders – probably most – will be very unhappy with a recently satisfied CCJ on your credit record.
I suggest you talk urgently to National Debtline on 0808 808 4000 to see if they think you should apply to the court for a “set aside” for either or both of these CCJs.
Ryan says
I had explained that i know longer could afford the finance and I had to return the vehicle which they did. I only had the car for around 5 or 6 months.
What is a set aside?
Sara (Debt Camel) says
A set aside cancels a CCJ. You can then either pay the debt immediately or the creditor may start CCJ proceedings again and you can defend the case.
But a set aside should be applied for promptly when you found out about the CCJs. So I suggest you talk to National Debtline urgently.
Kim says
HELP PLEASE- having just looked at my credit report I notice I have a ccj dated January 2021. I am really stressed about it as I had just managed to sort out and seek help from Step change about my current financial difficulties (due to COVID19) and I am on a TPP. Nearly 2 years ago I received a letter from Arrow global regarding and heading Remediation of Account, it states that they were sorry that they had not provided me with regular statements from Sept 2012 – May 2019. I wasn’t quite sure what and which debt it was for, I decided to ring them after receiving a letter from Drydenfairfax Solicitors – I spoke to one of their advisors and I was told to stop paying the direct debit I had been paying (I think it was capquest) for some time. I was really unsure for which creditor it was for and asked the advisor if they could send me a copy of the Credit Card Agreement. Approximately 3 months later they sent a letter to say that Arrow global could not provide a copy of the agreement at that time. The said the credit agreement defaulted 22.09.2006 default balance was 9,806.00 and asked me to pay 7,922.44 by the 3rd of June 2020. I tried to ring them a few times but to no avail – I kept ringing and the line kept dropping. I was really shocked to see the ccj on my file not having any pre warning or communications with them for a while. I really don’t know what to do – should I appeal to them Arrow/drydenfairfax or the courts ?
Weatherman says
Hi Kim
Are you certain the CCJ is for this debt?
You should have received letters from the court before the CCJ – had you moved and not told Arrow?
Even if you can’t get the CCJ removed, Stepchange can advise you on how to agree an affordable repayment plan for the CCJ debt through the court.
Kim says
Hi Weatherman
Yes it definitely was for this debt that I defaulted in May 2006. I did receive letters from drydensfairfax but thought because they couldn’t produce cca they wouldn’t be able to do anything about it. I didn’t receive a court form otherwise I would have dealt with it. All a bit confused because it was drydensfairfax solicitors that told me to cancel the 1 payment and when I looked back I found arrow had sent the remediation of account with 7years copy of statements. 2012 – 2019
Sara (Debt Camel) says
Like Weatherman I wonder if the CCJ is for the same debt as the one you were told they could not provide the CCA for. It is unusual to get problems like this.
I suggest you talk to National Debtline on 0808 808 4000 about this as they are excellent at all matters to do with CCJs. It may be there is a case for you to complain to Arrow that they should not have gone for a CCJ and they should now arrange for it to be “set aside” – that is legal jargon for cancelled.
But if this is for a different debt and/or National Debtline say they don’t think you have a good case to ask for a set aside, you need to think about repaying the CCJ.
It is possible to “vary” the CCJ so that you can make affordable monthly payments to it. National Debtline can also explain how to do that.
But I am guessing TPP means you are making token payments? In that case, are you expecting your situation to improve soon? because with a CCJ as well, then this may be a good time to look at more permanent debt solutions such as insolvency.
Kim says
Thank you both for your help
Kim
Paul says
Hi,
Just checked my credit score/report and see there is a notification that a ‘chancellor’ has been added, and gives details of a case number and court date for a CCJ, but the court date is November 2021. I’m a little confused why the court date is in the future, if this is notification that a CCJ has already been granted?
The debt is one I acknowledge I owe on a credit card that my bank shut down in 2015, so it’s an old debt and I never received forms in the post as I have moved frequently, hence the CCJ.
If it is a CCJ then I assume the best next step is to get in touch with the court to find out how to pay the debt off?
Thank you
Sara (Debt Camel) says
what credit report are you looking at?
I suggest you phone National Debtline on 0808 808 4000 about this as it sounds very odd with a date in the future.
Paul says
Hi Sara,
Thank you for replying. It is on ClearScore
Sara (Debt Camel) says
odd. Do talk to National Debtline about this.
jake says
Today I accessed my credit reports. previously I have checked my Experian and Equifax credit reports and saw nothing amiss. However, today I checked my Transunion report for the first time and was shocked to discover a CCJ from April 2018 for £400. The address listed on the CCJ is my parents old house, I haven’t lived there since 2014. My parents were divorced and moved out prior to April 2018 and never passed me any letters from the court re this CCJ.
I don’t dispute the debt owed. However I had no idea about it, and didn’t receive any letters/emails or calls regarding it. I actually stayed with the same mobile company and they had my correct address and phone number on file (I believe), so they either gave Lowell the wrong/previous address or Lowell didn’t check whether it was my current address.
Should I look into this being set aside? If so, what evidence/documentation do I need to gather? Also, I am happy to pay the amount, as I believe I most likely do owe this money. So can I satisfy the CCJ then look to get it set aside? If I call Lowell and tell them I’m happy to pay but I will be applying to get it set aside would they accept that or offer to set it aside themselves?
I’m not sure quite how it works and any advice would be greatly appreciated.
Weatherman says
Hi Jake
Unfortunately I think you’re unlikely to be successful in getting this set aside. The judgement can sometimes be set aside if the court forms were sent to the wrong address, but usually only if there was *also* a defence to the claim. If you can get Lowell to agree to support your application (known as getting it set aside by consent) you’ll have a better chance – but Lowell might not, and it remains at the court’s discretion.
If you do want to try, you’ll need to fill in form N244 and pay a fee (£255): https://www.gov.uk/government/publications/form-n244-application-notice If you can’t afford the fee you can apply for a reduction using Form EX160, although there are quite strict criteria.
Another option – which wouldn’t affect the CCJ itself, but may be worth doing – is to make a written complaint to the phone company if they’ve messed up your address details, and go to their ombudsman if they reject your complaint. You’re not likely to get a lot of compensation, but it might be a bit of justice!
Sara (Debt Camel) says
“I don’t dispute the debt owed. However I had no idea about it, and didn’t receive any letters/emails or calls regarding it. I actually stayed with the same mobile company and they had my correct address and phone number on file (I believe)”
that sounds to me as though you are disputing the debt as you don’t think there was one – from your recollection – and there is no reason why they could not contact you.
I think you should talk to National Debtline on 0808 808 4000 asap about this. It is MUCH easier to dispute a CCJ if you have not already paid it.
morgan armstrong says
Hi Sara, i got a default nearly 6 years ago this july, since then 3 years in i got a CCJ, i only found this out about 1 year ago and havent heard anything from the CCJ. The CCJ is the wrong address hence why i didnt know about it and is for the wrong amount. The original amount got reduced because i wasnt given the option of how my HP car was to be resold.
If i was to wait until the default goes and is statue barred in 2 months and then apply for the CCJ linked to this to be set aside for not receiving the papers due to moving and now being the wrong amount is this the best option to go for? CCJ is finished in 3 years.
Sara (Debt Camel) says
Statute barring will no longer happen for this debt – the 6 year clock stops when court proceedings are started.
When was the amount reduced?
Tom says
Dear Sara/All,
Please can you advise on my situation regarding a CCJ? I am not sure if I have a case, but it has been bothering me enough to check.
I was given a CCJ in April 2019 over a debt of £350 with EDF (utilities suppliers), which is now paid in full.
The situation is that in 2014-2015, I lived in a shared apartment in London and the utility bills were in the name of the other tenant. He decided to move out a few weeks before I did and apparently put the account name into my name, but I don’t ever recall having this confirmed by EDF, or giving explicit consent for the tenant/EDF to do so.
Over the next few years, I was going through some financial trouble and there were a lot of comms/accounts for me to deal with. However, when Lowell Solicitors (who dealt with CCJ once granted) got in touch, I paid the balance off over a few months in instalments.
I have just got myself into a position where I can breathe again and now I am on the attack and looking to tidy up my credit file (which I have already begun to do thanks to your other pages on this website). So I was wondering if you have any suggestions? I was thinking of going down the DSAR route and then seeing what they have in that file, before making a complaint, but it is a proetty niche complaint that I have, so I am interested to hear your thoughts!
Thanks,
Tom
Sara (Debt Camel) says
From the point the other tenant left it isn’t clear there is a good reason to challenge this. You don’t have to consent to the utilities being in your name, you are using them – who did you think should be paying the bills?
If the bills relate to supply before the other tenant left, that would be different.
Also if you want a CCJ deleted – the legal term is set aside – then it should be challenged promptly. Paying it and then thinking about it later isn’t a good approach.
I’m not saying this is impossible, but if you want to take this further, when you have the DSAR information I suggest you talk to National Debtline on 0808 808 4000 and ask for their advice.
Tom says
Hi Sara,
Thanks for your comments.
My understanding was that the utilities were all paid up until the time we were both to vacate the property, so that is the reason I wasn’t aware.
I appreciate that a CCJ is very difficult to get set aside but I will put in a DSAR request and go from there.
Much appreciated,
Tom
Sara (Debt Camel) says
Did you report the final meter readings when you left?
Joanne says
Hi
I completed my IVA October 2020.
On checking my credit report, can see a CCJ from 2018 ( Arrow global). I did not know about this and have never received any paperwork or requests for payment. I may have forwarded any paperwork to the IVA company with other creditor paperwork, I just can’t remember. I have lived at the same address for 10 years. I am not sure if the debt was included in the IVA as before the IVA I was in a DMP with the same company . The IVA company are not being helpful. I guess my question is : why would nobody have contacted me about payment for this debt? They’ve never had any payment, is that not strange?
Sara (Debt Camel) says
Ask the IVA company for a list of the debts included in your IVA. If it was, then there should not have been an IVA and you should ask Arrow to “set aside” the CCJ.
If this CCJ was included, you need this resolved. or Arrow may chase you for the debt and even if they don’t, it will be on your credit record until 2024.
Anna says
Hi Looking for some advice,
applied for mortgage today and the broker came back and said it was declined ( I had previously 0ct 2020 and May 2020 AIP’s agreed) so checked the credit file and CCj for 01/03/2021
so I am over the 30days to pay it’s only £266 only thing I can think it is for is private parking tickets my partner got when driving my car, was planing on appealing in the courts, when all the paperwork came through as I was not driving and was at work when they occurred, but as the registered keeper think it still falls on me.
No paperwork has been received I did move in Aug 2020. I can’t think of anything else I owe. I have the information and ref but I have no clue who the money is owed to so can’t decide if I need to pay or ask for it to be set aside. sasy to contact the court, can I just call them or do I have to use a form to find out who I owe the money to?
Sara (Debt Camel) says
You can just phone the court. Be prepared for a long wait on hold…
This is very bad news for you. Even if you settle the CCJ now it is going to make it much harder to get a mortgage at an OK rate
Louise says
May I ask advice here regarding an expired CCJ with Mortimer Clarke?
It reached the 6 year mark last August.
I have made regular payments since organising the payment plan (5 years so far) with MC.
Missed February as moving the account to stepchange and getting hold of MC was a bit hard, unsure if pandemic related but 4 week email turnaround.
They have applied for an attachment of earnings on 19th February but sent to an old address, however the courts have no record against the CCJ reference and MC don’t know the reference number. Unsure where to go or what to do….. an attachment of earnings at the amount they are requesting will turnover all the good work I have done to get debt free but cannot get an answer from anywhere.
Is this usual?
It is an old unpaid welcome finance loan from back in the day.
I have no intention of not paying the money I owe, it is my duty.
Any input would be great!
Thank you :)
Sara (Debt Camel) says
First terminology – CCJs never “expire”.
How much a month were you paying before?
How much was the CCJ for?
The rest of your debts with StepChange – how much do they add up to? And how much a month are you paying StepChange?
It isn’t your job to try to find the CCJ details – if MC don’t know them, they won’t be able to get an attachment of earnings.
Louise says
CCJ was about £4100 obtained in 2014, monthly payments £35 a month regular as clockwork. Outstanding balance is about £1700 – as an estimate but maybe higher/ lower.
The rest of my debts are now £5000, hence consolidating the CCJ and I pay £105 currently. MC want £110 AOE.
We both have the CCJ reference number – I am under the impression from the lady at the court it would be the same as that is what the attachment gets related too.
I am just nervous that MC might try some sort of enforcement that is unnecessary. Especially if there is a court form and I have not responded – not what I want.
I just wondered what powers they have not the CCJ is over 6 years. Can they send a high court person / bailiff? Can they issue another CCJ?
Louisr says
Sorry – only missed 1 month too! February 2021 and they have written a letter saying they have an attachment of earnings.
Thanks by the way :)
Sara (Debt Camel) says
They can’t issue another CCJ but they can enforce the current one.
I think you need to talk to a debt adviser urgently – phone National Debtline on 0808 808 4000 tomorrow. They can talk through the details and your options.
Louise says
Hey – thanks :) do you wish to know the outcome?
Sara (Debt Camel) says
yes please!
Andrew says
I have recently found out about a CCJ, which is being chased for enforcement by the High Court (it was an unregulated business debt that I seemingly personally guaranteed). The High Court has emailed all the documents to me, including statement of payments, letters, the CCJ and the Writ of Control. The address on the CCJ is an address which I have never lived (no idea where they got this from), likewise the Writ of Control (another random address). However the signature on the finance agreement and guarantor is mine, so thought I was banned to rights (I genuinely don’t recall personally guaranteeing but guess I must have done. However the data of the CCJ application was November 2018, and the last payment was April 2012, which is more than 6 years so I assume it is or should have been statute barred. I guess my only option is to apply for the CCJ to be set aside on these grounds, is this the correct approach? Is the ‘Statute Barred’ a reason to be set aside, or the fact that I never received any of the docs due to these random addresses
Sara (Debt Camel) says
I think you should talk to Business Debtline about all of this see https://www.businessdebtline.org/contact-us/. Their webchat is very good – replies from a proper debt adviser.