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?
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.