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?
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?