There are three ways you may find out you have a County Court Judgement (CCJ):
- you get a letter from the court;
- the creditor tells you, asking for payment; or
- you see it on a credit report – possibly after you have been unexpectedly rejected for credit.
A CCJ is a decision by a judge that you (“the defendant”) should pay someone (“the claimant”) an amount of money. In mid 2022, there are about 230,000 CCJs in a quarter, so that would be nearly a million in a year.
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.
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.
Contents
Do you know the details of the CCJ?
When you get a letter from the Court 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, this letter will say Judgement for Claimant (in default).
Be careful – if the 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.
The letter will have all the CCJ details. It will say who the creditor is and how much you have to pay. It will either say:
- you have to pay this all immediately, called a “forthwith judgment”; or
- monthly payments, called instalments, have been set.
If you have been contacted by the creditor, the creditor can give you the details and you can ask the court for a copy of them. Perhaps it was sent to an old address.
But if you discover the CCJ by checking your credit record or you are told that a credit application or a tenancy has been refused because your records show you have a CCJ, then you first have to find out the details. See “A CCJ on my credit record I know nothing about” for how to do this..
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 CCJ. 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 to look at her whole financial situation, not just this CCJ.
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 £303. 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 for a 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 seem to have a good 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. If he gets the CCJ set aside, the creditor will just apply for a new CCJ, which will be on his credit record for longer. This is a waste of time and money.
Instead 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.
National Debtline is an excellent source of advice on all matters relating to CCJs. If you don’t know what to do, or 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?
CONFUSED says
Who can legally seek the CCJ?
a)The originator – who says they’ve sold remaining balance to debt collector who admits purchased outstanding balance but doesn’t have paperwork to show so has to go back to originator to get it (how can this be if originator has sold debt to them? Shouldn’t all the paperwork be transferred/sold in one sitting? Is file still open with originator then because technically they’re still the originator of loan?)
or
b)the debt collector who’s name appears on the credit file and says only bought the rights to collect payment?
Even though suspect you’ll answer the debt collector, what do you think is the reason why the originator didn’t seek CCJ instead of selling to a third party? Asking because the debt collector in reality is not the originator and their name does not appear on the original agreement form and yet wish to seek a CCJ for a ‘debt’ they’ve not loaned, purchased at a big big reduction and yet want full payment + court costs if successful?
Very confusing!
Debt Camel says
You aren’t alone in finding this confusing! I’ve written another post about the legal situation when a debt is sold and it answers most of your questions: https://debtcamel.co.uk/sold-to-dca/. Yes it is the debt collector that now has the right to apply for a CCJ. The paperwork isn’t transferred because the original lender needs to keep the record of the original loan so it has got a full paper trail for its auditors. The original lender didn’t go for a CCJ probably because they preferred the ‘easy’ way to get some money quickly.
Keith says
Quick question,
My partner has been paying a CCJ for the past 7 years…
She is looking to stop paying this as its over 6 years old now, also because the other party has been charging her PPI and will not let her get any information as to this or the fact that she never asked for it in the first place.
What will happen if she just stops paying the CCJ?
Sara (Debt Camel) says
Hi Keith, it’s not normally a good idea to stop paying a CCJ – the creditor may look at other ways to enforce the debt such as bailiffs, attachment of earnings, charge over a house or even bankruptcy. If she can’t afford the payments or has other debts as well, I suggest she phones National Debtline on 0808 808 4000 and discusses her options with them. Re the PPI, MoneySavingExpert has a great guide including how to go to the Financial Ombudsman if necessary: http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance
chantelle says
Hi, I have an old ccj it was originally with a debt company and they were making payments I have since cancelled my plan with them and they won’t give me the details of this and I have no idea how to find it and so cannot make payments and I am worried I will get bailiff at the door can u help plus.
Sara (Debt Camel) says
Hi Chantelle, How annoying! I suggest trying two things. First put in a formal written complaint to the debt company – their website should say how – saying that you would like a complete list of the payments that they made to your creditors and the creditor details. Add that you will put in a complaint to the Financial Ombudsman and the Financial Conduct Authority if they do not send you this.
Second, check your credit records with all three Credit Reference Agencies (this explains how http://www.moneysavingexpert.com/loans/check-free-credit-report). If the CCJ is less than 6 years old, it will be on there. It may also help with sorting out other non-CCJ debts. Also make sure that all three CRAs have your correct address and also a record of previous addresses.
Kelli says
Hi there, last year I recieved a county court claim form for a debt from Lowell, I didn’t recollect this and asked for the original claim forms to be sent to be. I spoke to the court who said I needed to acknowledge the claim form or the ccj would go ahead. I did this and heard nothing since….. Until 11th March this year when I recieved a letter with the original agreement dated 2008, after some research I discovered this would be statute barred and sent a letter stating this to the original debt collector. Today, I have recieved a CCJ in the post…. Are they allowed to do this?!?!? Any advice would be greatly appreciated!!!!!!
Sara (Debt Camel) says
Hi Kelli, it sounds as though you didn’t file a defence to the claim? If this is correct, I suggest that you need to discuss the details of your case with National Debtline https://www.nationaldebtline.org to see what your options now are.
gill says
Hi, my husband got a CCJ last October and due to not being able to make any payments to the creditor the Court ordered that the debt will not be enforced without the Courts permissuon. Can you explain what this means for the future. We have not heard from the creditor since the Court case. Does this also mean there’s no CCJ. Thank you.
Sara (Debt Camel) says
Hi Gill, there still is a CCJ and it will remain as CCJs don’t expire after a certain time (though it will drop off his credit file file after 6 years.) The order means what it says – the creditor will have to go back to the court to ask permission to enforce the CCJ eg though bailiffs or an attachment of earnings. Your husband will probably be asked to give the creditor new Income & Expenditure sheets every few years. Any detailed questions about these, phone National Debtline!
Harriiot says
Hi
I took out a payday loan in 2011 not even knowing it had been successful until demands for payments started. I’d applied only I thought.
It was approx 200 pounds. I couldn’t really afford at the time as I was entangled in 3 other pdl s.
I was never ever served with court paperwork as I moved address and received a ccj from Northampton County Court. Once I’ve found from my credit report I tried appealing but out of timescale. How Can I appeal if I didn’t know in the first place.
The loan was with safe loans who have now gone into liquidation and I’m receiving threats of attachments of earnings. I offered to make monthly payments but they refused and sent a snotty email saying, we will see what the court decides. It’s a company called SLL Capital and have refused to send any information on my loan I’ve requested, dates etc. When it was served etc. Default info.
I really need help as can’t afford for anything to cone out of my wages.
Sara (Debt Camel) says
Hi Harriiot, I suggest you should phone National Debtline 0808 808 4000 urgently about the CCJ / attachment of earnings to see what your options are.
You mentioned other payday loans – the chances were these were also “unaffordable” – I suggest you have a go at getting some refunds for these – this may help you clear the CCJ if there is no way that can be challenged. See https://debtcamel.co.uk/payday-loan-refunds/
Mandy says
What would you say though??? Can’t they just respond with ‘if they were unaffordable why did you accept them’???
Sara (Debt Camel) says
Hi Mandy, no they can’t say that. Well they could, but if you then take the complaint to the Ombudsman he won’t take that view! The regulator says that the lenders should not give loans that they could tell would be unaffordable… so if you took a lot of loans form the same lender, often the Ombudsman will say that the lender may not have known for the first few that you couldn’t really manage the repayments without borrowing again, but later they should have seen that you were in trouble.
danielle says
where do I start!
Right I received a notice of issue of warrant of control I’m guessing from the court, the creditor is Lowell.
Not knowing what this is I rang the court and they told me to ring Lowell, they said its a debt to Halifax which I have no recollection/honestly cant remember!
I did this and I have asked them to prove it, I did this on the 25th November, whilst doing this the court suggest I ring the bailiff so I got his number, a mobile one?, and explained to him the situation, he understood, to an extent.
I rang him today to say I was still waiting for conformation and asked him to put it on hold so I don’t receive any nasty surprises, to which he said I should ring Lowell and get them to tell him that! I rang them again and they said they cant do that because it has been to long and I have to prove its not my debt! How am I supposed to do that? Also I have checked my credit file and there is a ccj been put against my name last year and a default with Lowell from june 2010 which I have only just found out about!
Please someone help
Sara (Debt Camel) says
Hi Danielle, I suggest you talk to National Debtline on 0808 808 4000 about this CCJ and what your options are – it may be possible to have it “set aside”.
Sarah says
Hi,
I have had a debt which the last payment I made was 7 years ago. It showed on my credit file and after 6 years cleared off. I recently checked my credit file and saw it has a CCJ for my previous address.
I have also received a letter from a creditor threatening court action against me. The last payment I made was over 6 years ago.
Please are they able to obtain CCJ for a debt that old?
Sara (Debt Camel) says
Hi Sarah, you didn’t say WHEN the CCJ was obtained. If it was within 6 years of you making the last payment, then the debt would not be “statute barred”. If it was over 6 years then the debt may be – call National Debtline!
For the second debt, it all depends on whether it is statute barred https://debtcamel.co.uk/statute-barred-debt/ for what to do.
Tracey says
Hi Robinson way have contacted me saying I owe them £535 for a debt that was over 10 years ago! I can’t recall anything so I requested proof in a proof letter. Iv since had back that it went to court in 2005 and that Iv got a CCJ and that I have to pay it within 14 days!! Please help X
Sara (Debt Camel) says
That’s a long time ago. After so long the debt collector may find it hard to enforce the CCJ. I suggest you phone National Debtline on 0808 808 4000 about this to find out what your options are.
Dell says
I noticed on my credit file a ccj..its 3 years old.i need to pay it off..Because its causing me a problem renting property…Only problem is the creditor does not operate anymore..So i cant pay it off…
Sara (Debt Camel) says
Hi Dell, I suggest contacting National Debtline https://www.nationaldebtline.org/ who can help you try to work out if there is anyone you should be paying.
Anoyedatthehangeron says
Hi I’ve been told I’ve got a ccj Jan 16th at Nottingham at an address I lived in in 2013. The debt I’ve discovered today is my ex husbands with Lloyds then Cabot . They’re saying its a joint account and it went delinquent and a debts accrued, it was not a joint account they brought off Lloyds because I never had a joint account with my ex. can I insist they prove I was a joint account holder? Also given Cabot have never ever written to me doesn’t this make it all poorly managed or something?
Sara (Debt Camel) says
You need advice on whether this CCJ can be set aside. I suggest you call National Debtline on 0808 808 4000. They are very good and can talk you through your options here.
Tanja says
Hi… My husband was made redundant and I had ptsd so left my job…. We couldn’t pay our bills and one loan company has now obtained a CCJ against us both, which is fine…we have to start making payments end of February but yesterday I received a letter from the loan solicitors saying they are giving us a final chance to offer a payment or they are going to take enforcement action – however we haven’t actually defaulted on any payment….the court has told us what we need to pay and that’s what we are paying… I don’t understand what else they want to do….
I’ve looked online and understand that if we default they can then take further steps…but as of yet…we have not defaulted.. I know they’re not happy with us only paying £1… Can they send in bailiffs etc even if the court has told us what to pay?
Much appreciated. Thanks
Sara (Debt Camel) says
Hi Tanja, if you are keeping up with the court ordered payments, the creditor can’t use bailiffs or apply for an attachment of earnings. If you have a house, they could get a charging order, but wouldn’t be able to follow that with an order for sale. You might find it helpful to phone National Debtline who could talk through the details of your situation.
Tanja says
Thank you so much – we have been dealing with steps change who have been brilliant and to be fair all the banks have been great … I spoke to them about the letter and they were also a bit confused – I’m really worried cause we’ve sold anything of value, we are two months behind on the mortgage and until that’s up to date we really can’t afford to be paying anyone else – even the court has determined we have no money so not sure where they think we are going to just find more money.
Thank you for your reassurance.
Carmen says
I have been abroad for 7 years and not paid debts but my son has stated that although he has refurned papers to the 3rd party debt collectors saying that I dont live at his address they have obtained a ccj against me. Can I applied to have this set aside. They are all unsecured debts. I do not own my home or have any assets. I have just retired through ill health and also rea hing retirement age so my basic state pension is all I have. Debts are all to a bank for an overdraft, credit card and one is a joint debit account. If I apply for this to be set aside is it likely to happen?
Sara (Debt Camel) says
Hi Carmen,
You can only apply for a CCJ to be set aside if you didn’t receive the papers AND you would have had a defence to the CCJ if you had received the papers. It sounds to me as though this is unlikely, but you could talk to National Debtline 0808 808 4000 about this in detail.
If the CCJs can’t be set aside, then your options are to offer them all small token monthly payments or to look at a debt management plan or possibly a Debt Relief Order – again National Debtline can talk you through your options.
Gary says
My wife got a CCJ in 2010 from Anglian Water. She doesn’t dispute it but at the time the papers were sent we had moved from that address.
We were not aware it was a CCJ until much later, the original amount was £2409 we have, to date paid £2450 but the company collecting the payments insist it is £2689 and also they have been charging interest at .29p per day.
Can they do any of this? The original debt is only £2409 and we have paid more than this over the three years.
If we now stop paying, telling them that we believe the original debt is now paid, what can they do?
It was County County Court so I believed you cannot add interest on sums under £5000.
Sara (Debt Camel) says
Hi Gary, I am afraid I am going to do what I do with most queries about a specific CCJ – advise that you contact National Debtline 0808 808 4000 who will be able to discuss with you whether interest should have been charged on the debt in this CCJ.
Amanda says
Hi, we received a court form from Northampton Business Centre on 5th Feb regarding a Yorkshire Bank loan that we owe £6000 on. We are not in a position to pay in full so I filled out form N9a admitting the debt, listed our income and outgoings and returned it to Mayday, Murray and Spend which was the address that it said the paperwork should be sent to. We had until the 21St Feb to return it and I posted it on 15th Feb. Today (11th March) we got another letter off the court saying that we did not reply so we have been ordered to pay the full amount!! I am worried sick as we cannot pay it, I stupidly never made a copy of the form and didn’t send it recorded delivery, please help
Sara (Debt Camel) says
Hi Amanda, you need to act fast because for the first 14 days you can ask the court for a “redetermination” of the order to pay the full amount, see this factsheet from National Debtline. If you are not sure what to offer, or if you have other debts as well, I suggest talking to National Debtline first so you can be sure you are offering a sensible amount.
lee says
Hi,
i was handed a order to attend court yesterday 20th and have to attend court on the 6th i will not be in the country as i fly out on the 4th can i get the date changed ? this is for a old car i had on finance sadly i replayed to the letters when i was at my old address but forgot to let them know of my change of address so i guess having it set aside are long gone now. but is it fair to only give me 2 weeks notice to attend court ?
many thanks for your help.
Sara (Debt Camel) says
Hi Lee, I’m not clear if you are defending a CCJ claim or if a judgment has already been given. But in either case you need advice fast on what your options are – please phone National Debtline on Monday morning – 0808 808 4000.
Tessa says
Hi
I’ve just recently found out that I have a CCJ against my name by checking my credit report the CCJ was sent to my previous address which I moved out a year before the CCJ was issued..
Can you give me any advice of how to solve this problem. I don’t recognise the debt I don’t even know who it’s from.
thanks
Sara (Debt Camel) says
OK, you first need to find out the details of the CCJ – you can do this from the Trust Online system: https://debtcamel.co.uk/do-you-have-ccjs/. That will give you a case number and which court. You can then contact the court and get the details of the judgment – this will give more information about the original debt and the current creditor.
Then you need to contact the creditor and say you know nothing about this debt. I am afraid you are probably going to have to apply to the court for the CCJ to be “set aside” which will cost you £255. See https://debtcamel.co.uk/help-ccj/ and as that says I suggest calling National Debtline if you need help with the court processes.
Tessa says
Hi the CCJ was issued from my daughter’s nursery because I move house I didn’t receive any paperwork from the court can I apply for it to be set aside?
Sara (Debt Camel) says
To get a set aside you need to have a reason you didn’t defend the case (which you have because you never received the papers) and a defence with a reasonable chance of success – I suggest you talk to National Debtline 0808 808 4000 about whether you should apply for a set aside as it costs £255.
Jim says
Hi,
I went bankrupt in December 2011 but there are six CCJs on my credit report registered after this date.
I telephoned the court to ask how to have them removed (as the debts were included in the bankruptcy) and the lady told me I needed to contact the solicitors who issued them direct.
Is that right? Everything else I’ve read suggests it is the court that are responsible for removal.
Thank you.
Sara (Debt Camel) says
I think you need to apply to the court to have these CCJs set aside – phone National Debtline 0808 808 4000 and they will be able to talk you through this process.
In view of the hassle and cost of this, if the CCJs are only a month or two after your bankruptcy you could just consider ignoring them and waiting for the CCJ marker to drop off your credit file 6 years after they were issued. Removing the CCJs at the moment isn’t going to improve your credit score at all because the bankruptcy will still be showing until Dec 2017.
Samantha says
Hi,
I have a CCj and the court agreed to monthly payments. I have made these payments as bacs payments so that I had proof payment was made each month, I have not defaulted from the agreement. Today I have come home to a letter advising me I have not made the agreed payments and they are applying for an attachment of earnings order. I prefer to send all correspondence in writing so I have sent an email to the county court and the creditor with attached pictures of my bank statements confirming the dates, bank details and amount of the payments made. Am i right in thinking they have to stop the application as the error has been made by them as I have not defaulted. The payments were made 4 working days in advance of the due date.
Sara (Debt Camel) says
The court is likely to ignore your email – courts do things when the correct court forms have been used, no-one sits there trying to decide what to do about emails that arrive.
You have put your objection in writing to the creditors but I suggest you also phone up and check they are receiving your payments correctly. If there is the wrong account number or reference number this needs to be discovered and sorted out asap.
You should have been sent a N56 form – you have to complete this and send it back within 8 days, not to do this is an offence. I suggest you phone National Debtline up and ask for their assistance in completing it – 0808 808 4000.
Stuart G says
I was wondering if anyone can help me please! I’ve recently taken my head out of the sand, thanks to this brilliant site! I’ve been looking at my credit file and I have several CCJs which I’m ashamed to say I don’t even know who the creditor is. I’d like to start repaying these – does anyone know how I can find out who the creditor is in each case – is it simply a matter of speaking to each court and quoting the reference number from my credit report?
Sara (Debt Camel) says
Yes, the CCJ section of your credit record should show the court and the case number, from those the court will be able to tell you who the creditor was.
BUT the debt will usually also be showing in the debts section of your credit report – and this should show the current creditor?
Stuart G says
Thank you Sara, I will have a proper look and see if any of them tally up. My Experian score went up 134 points in a couple of days after having payday loans removed, I’m on a mission to keep moving up now! Thank you for all your help, I wish I had faced the truth years ago.
Ebs says
Hi, I recieved a ccj from 2012 for a payday loan of £800, after which I set up a payment plan. I received a letter from the original creditor (speed loan finance) that the debt has now been sold to mmf. I arrange a new plan, of which I have been paying for the last 12 months. In April this year I received a letter from mmf stating that I have another debt from speedloan for £800 so I ask for proof and it is sent, so I make a plan.
Last week I called mmf to ask which loan the ccj is attached to because I wanted to pay it off soon, they were unable to locate it. I ask for proof of both debts to be sent. I call speedloan and ask if they can tell me, I was told due to it being sold to mmf they can only see limited amount of detail and will have to contact their legal team whom still have the information and will pass it to mmf. In the meantime I call county court and they give me the account number. I received a call from mmf with the account number the ccj was attached to and was also told that both of the accounts had been merged for the ccj, which says I owe £800. I was also informed that the first loan for £500 had been take out at the beginning of the month and the second one of £700 at the end of the same month ( I was in horrible place, clearly).
Is it legal that they have merged both debts into one when the ccj was issued for £800 and split them once the debt is sold? In light of the additional information that I had taken out the loans so close together, I have asked them to freeze the accounts as I will be making a complaint. Is it worth it?
Thank you
Sara (Debt Camel) says
Can they get one CCJ for 2 debts? Yes.
If they do this, can they later split them up? No.
It’s not clear if they did put the two debts together. An £800 CCJ sounds low for two payday loans debts of £500 and £700, though it’s possible if you had paid a lot towards the debts before your defaulted.
I think you need to put in a complaint to MMF. Keep a copy of your letter, send it recorded delivery and chase by email if you haven’t had a reply or acknowledgement within a couple of weeks to make sure they have it.
In this ask them to explain if both debts were in the CCJ. If one of them wasn’t, ask them to supply a Statement of Account for this debt and a CCA agreement – National Debtline has a template letter that you can adapt.
When you get something back from them, I suggest you phone National Debtline 0808 808 4000 and discuss this – it may be that the debt that wasn’t in the CCJ can’t be enforced in the courts if they can’t supply the right documentation.
Andrew says
Hi Sarah, I’ve been given a CCJ and been ordered to pay £50 a month which is fine, but I didn’t open the letters they’ve sent as I’ve been in hospital. Is this a valid reason to try and have it removed? I have proof. Thanks
Sara (Debt Camel) says
Hi Andrew, I suggest you talk to National Debtline 0808 808 4000 about whether you should apply for a “set aside” of the CCJ. Not receiving the papers because you were in hospital is an important factor, but you also need to consider if you have a defence to a CCJ and the cost of the application.
Emma says
I have a ccj and admitted the amount and sent a na9 form off with my income and expenditure offering £5. Not sure if this was received in time. But I have now got a letter saying I need to pay £50 a month which I just cannot afford. What can I do? Please help.
Sara (Debt Camel) says
This sounds like “Mr Green’s case” in this article.
If you act fast you can ask the court to look again at the amount, if you are outside the time you will need to apply for a “variation” of the judgment.
The important thing is that you are offering what is a reasonable amount for your situation. Not too much, you have to be able to carry on making these monthly payments not just pay the first couple. Not too little, or the court may decide you can pay more. I’ve looked at what the amount should be here: https://debtcamel.co.uk/ccj-monthly-payment-form/ so I suggest you read that then phone National Debtline 0808 808 4000 and talk through your numbers with them.
simon says
Hi, Just for clarification,
I defaulted on a couple of accounts in 2011, this year the company has chased me and gone for a CCJ on one of the debts, i only just realised. but im too late to defend, and the CCJ was applied in default on 2 Aug. Ive been told if i pay them before 1 sep 2016, the CCj will not be applied. Is this the case?
As well as this they are managing another debt of mine, so asked me about it. I told them let me think about it. Its about £1200, also defaulted around 2011. Im assuming, becuase i contacted them, the clock has restarted? I asked about a settlement, she said they can go down to £700, but this will show up on my credit report for another 6 years as a Settlment. My Question is will this affect my credit score.. or is it better to pay the total amount? If i pay the total amount, what will that show on my report? will it completly remove the comp from my file?
Otherwise I want to pay off the CCJ amount in full, but want the £1200 in installments which is possible, if i set one up, will subsequent months show up on my report as D or Paying or what?
Sara (Debt Camel) says
It is correct that if you pay a CCJ in full within 30 days it will be removed from your credit record. If you do this please try not to leave it to the last day, you don’t want this to not work because of some bank delay!
It doesn’t really matter if the “clock has restarted” in the other case because it’s not statute barred at the moment and the debt collector now knows that you have money as you are paying off the other CCJ – so if you don’t reach an agreement this is likely to end up in court pretty soon…
Does the other debt have a default date showing on your credit records?
If YES:
– it will drop off 6 years after the default date, whether you pay it in full, partially or not at all (but of course if you don’t pay it at all a CCJ is likely to appear!). It is not going to stay for 6 years from the settlement date.
– during the time you are paying off until the 6 year point it will continue to be marked as D
– once it is repaid it is marginally better to have this fully paid rather than partially paid, but as this will only show for a short time you have to decide if this makes a difference?
If NO:
– a default date should have been added. See https://debtcamel.co.uk/debt-default-date/ for how to get this corrected.
Jade says
Hi,
Please help me if you can? I have recieved a letter “notice of issue warrant control” re a unpaid ccj that I have just found out I have after opening this letter.. Demanding I pay £658 before 25th August. The problem I have is that I don’t recall owing this money? I’m currently unemployed as my temporary contract has ended so I don’t have the funds to re pay. What would you suggest I do? Thank you
Sara (Debt Camel) says
Hi Jade, I suggest you phone National Debtline 0808 808 4000 – they are open Sat morning.
Paul says
Hi, i had a ccj issued against me 7 or 8 years ago. I sent the paperwork back to the court and have never heard anything since. My question is can it still be enforced? By the way it was welcome finance. Any advice would be appreciated
Sara (Debt Camel) says
After six years, the creditor would have to go back to court to ask permission for the debt to be enforced. This is rarely given.
Sara says
Today I have received an Order to attend court for questioning, from a debt over 10 yrs old. It was a barclay card ( i thought it was paid had a flood etc so it was not deliberately ignored). I heard nothing until 2015 where I went to court for questioning, in October. I have heard nothing since until I received another Order to attend court for questioning. I have phoned the court and they have said they do not know why this has been left so long.
Sara (Debt Camel) says
Hi Sara, it sounds as though you may already have a CCJ for this debt – you need some urgent advice about this and what your options are. I suggest you phone National Debtline 0808 808 4000.
Sara says
I have checked my credit file and I have no CCJ’s. Thanks
Sara (Debt Camel) says
If the CCJ is more than 6 years old it wouldn’t show on your credit file … please call national Debtline.
Beany says
I did a credit check on myself and there is a ccj from jan 2016 but no idea what it is other than could be very old credit card debt (which i tried to arrange payments on but they werent having it circa 2007)…i did a search on trustonline but no details other than the amount…how do i find out who its from? And if it is statute barred what do i do?
Sara (Debt Camel) says
Trust Online should give you the court name and case number. Contact the court to find out more details. Then talk to National Debtline 0808 808 4000 about whether you should apply for a set aside.
Caroline bolton says
I have received a ccj in the post in my old married name that I haven’t used since 2003. The debt is the same if not older. Do I have to respond. I’ve not had any correspondence regarding this before
Sara (Debt Camel) says
Is this a CCJ (a letter which says “Judgement for the Claimant” at the top) or the start of court proceedings (the form says Claim Form) at the top?
Caroline bolton says
It says notice of application for attachment of earnings. I haven’t had nothing from them at all. en. I couldn’t even tell u who the debt is for as its a debt collector.
Sara (Debt Camel) says
Well unless you want money deducted from your salary, you can’t ignore this!
First you need to find out the details of the CCJ. You should be able to do this on the Trust Online system: https://debtcamel.co.uk/do-you-have-ccjs/. That will give you the court name and the case number.
Then you need to apply to have the CCJ “set aside” because you were unaware of the case so you didn’t defend it. After that the CCJ case is usually restarted and you will be able to defend the case on the grounds that the debt (whatever it is) is statute barred.
National Debtline on 0808 808 4000 will be able to help you with all these steps and explain what to do about the Attachment of Earnings application.
Caroline Bolton says
My employer does not know me by this name so will they still have to set it up as my wages are in my current name and have been since 2003
Sara (Debt Camel) says
Applications for Attachement of Earnings are serious – you cannot ignore this. See https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/creditor-takes-money-from-your-wages/#h-what-happens-when-your-creditor-applies-for-an-attachment-of-earnings-order. I know the whole set aside process sounds a hassle but you have to do this.
Mark says
I sent ccj forms back 7 weeks ago I rang and checked there had received them and they had but I haven’t herd anything back form the court. So I rang the creditor and they said it was with the court and I should of herd from them? Can anyone help I made an offer of payments but it looks like it has been rejected
Sara (Debt Camel) says
Hi Mark, I suggest talking to National Debtline on 0808 808 4000. At the moment it’s not clear that your offer has been rejected – if it has you can ask for a “redetermination”. You may find this article on how much to offer helpful https://debtcamel.co.uk/ccj-monthly-payment-form/ but National Debtline can talk you through your exact situation and the procedures.
Rich says
I defaulted on a number of credit cards in 2010 and early 2011. I received notices of County Court action and replied to each with an offer of payment (£20 per month for example), and all were accepted which I assume means CCJs were made.
One of those credit cards sold and sold again. It is now with PRA Group. For the last couple of years I have paid them the sum ordered every month by standing order. (I have never missed a payment on this order).
They have now written to me saying that their Investigations and Litigation Department is looking at possible litigation recovery and demanding I contact them.
Do they have any right to seek to vary the original court order please?
Sara (Debt Camel) says
I think you need to see if you did get CCJs for all these debts. They should show up on a credit report such as noddle, which will be free.
Natasha says
Hi,
I received a court claim in the post September 28th but the date of the claim said September 14th. I then panicked and went on google and saw that I possibly had to fill out an application of notice – so I did. I’ve now logged in to Money Claim online and saw that a CCJ was put against me yesterday at 19.25pm.
Is there anything I can do to remove this? I have previously been contacting Cabot the debt collectors who forced this and they haven’t been responding to me. Could you provide any advice at all?
Many thanks
Natasha
Sara (Debt Camel) says
Hi Natasha, I suggest you phone National Debtline asap on 0808 808 4000. They will be able to talk about what has happened and what your options are.
jane says
Hi I’ve received a judgement for claimant, I can’t afford to pay,it’s for 2673.24, we’re do I go from here and where,do I get the forms to apply for, monthly instalments, to the court
Sara (Debt Camel) says
Hi Jane, you are in Mr Green’s case in this article. if you have just got the judgment you are within 14 days so there is no form and no cost :)
After 14 days yes, you need to complete the form.
This article looks at working out how much to offer https://debtcamel.co.uk/ccj-monthly-payment-form/ but unless you are confident about doing this yourself, I suggest talking to National Debtline 0808 808 4000 both about the form and about the amount to offer.
Donna says
Hi I wonder if someone could offer some advice. I stupidly ignored a court letter as I panicked and now a ccj has been made for the full amount. I couldn’t pay it so I contacted the company by email and offered monthly payments which they have accepted. I’m concerned though as the ccj says the full payment should be made to the solicitor but I’ve come to an agreement with the creditor? Will the solicitor just automatically go ahead with getting an execution of the Oder? I’m so scared.
Sara (Debt Camel) says
For your peace of mind, I suggest you ask the creditor by email to confirm that providing you make the agreed monthly payments, they won’t try to enforce the CCJ.
Sheena says
Hi,
A supposed claim form was sent to me on 1 November but I have no recollection of the form and DID NOT receive any documentation. Is it supposed to be delivered via recorded delivery?
I have now received a CCJ as I failed to respond to this claim form that I never received! I spoke to the courts and they advised advised of the date (1 November) that it was sent and what it stated. However, I have tried to contact numerous solicitors, Citizens Advice Bureau and free legal advice firms but no one can answer my question, ‘what I do next?’. The court told me to check the Civil Procedure Rules which I have but can not gather anything from those, maybe because I am not trained in law.
I really don’t know what to do and who to contact. I was advised I have two options: 1) To accept the judgement and pay the claimant 2) file for the judgement to be set aside which has a fee of £255. I do not want to do either, as I failed to receive the initial claim form.
There must be a option for me to go back to the courts or claimant, as this is an issue of the claim not being served. How could that happen?
Sorry long winded and lots of questions but I just need some help and advice…I am losing the will to live!
Please help
Thanks
Sheena
Sara (Debt Camel) says
This is very annoying but I am afraid you have been given correct advice. the only way to get this CCJ removed is to apply for it to be “set aside”. The fee is £255 but if you are on a low income it may be possible to get help with that.
National Debtline 0808 808 4000 are very good on all matters to do with court forms and CCJs – they will be able to discuss the set aside procedure with you in detail.
Kirky says
I’ve recived a a court order and did not know what is was . After calling them I was given the solicitors number then put through to Robinsons way , who said it was a HSBC account from 2003 . I feel I made an error in offering them £5 per week which they took and set up . They they opened another wound saying they had a Barclaycard on the account which I need to call back in 30 days with . The amounts are around 8-900 and after reading many cases on here and now feel I should cancel this direct debit and let them threaten again as what actually can they do other than push and push .
Sara (Debt Camel) says
Hi Kirkby, it’s not good to ignore a CCJ because you may soon end up having to ignore bailiffs if you do!
You need to talk to National Debtline 0808 808 4000 about both debts. It may be you can challenge the HSBC court decision – it sounds very old! And you may have a good defence if the debt collector tries to go to court for the Barclaycard debt.
Steven says
Hi i recieved a ccj back in 2013 which is on my credit file. Although i did get court papers to attend court i never went. I have recieved nothing as of yet from the court and have not paid any monies. Should i have recieved something from the court advising of my next steps?
Sara (Debt Camel) says
No, you need to contact the creditor or the creditor will contact you.
Steven says
The creditor hasn’t made contact with me since. Will the ccj drop after 6 years or will it continue till its paid?
Anne smith says
I had a CCJ from water company, I have never paid anything on it and it is now over 6 years old, yet it’s still on my credit file. Could I be forced to pay it, and why is it still on my file?
Sara (Debt Camel) says
I don’t know why it is still showing. Has the default date only just passed 6 years and you are using the sort of free credit file checker that only gives you a new report every 30 days?
A CCJ never becomes statute barred, but after 6 years the creditor would have to go back to court to try to enforce it.
julie says
I have today received 2 letters from our local council tax office, the first saying my balance outstanding for the current year is £155. which is due for payment, then I received a second letter saying I owed £1143.79 for unpaid council tax, and they have threatened to put a charging order on my home, I have gone through my bank account and can prove I have consistently paid them for years, there was an issue 12 years ago when my mother died who lived at a different address, I had to take power of attorney and the local council put all her bills in my name, it took us over 4 years to sort this out as they kept trying to charge me for unpaid council tax of a property which was handed back to the local government a month after she passed away, but I was continuing to pay my own council tax I just refused to pay hers. when I call capita they are really unhelpful and just request I pay the outstanding amount, I have sent in copies of bank statements and payment dates but still nothing, any ideas?
Sara (Debt Camel) says
So you think you owe anything for this year? And you don’t know what year the £1143 debt refers to? When did you send in bank statements and payments dates and who did you send them to?
Andy says
In 2007 I received a CCJ from Northern Rock for an unsecured debt of £13000. A charging order was then applied for by N Rock to secure the debt. As I jointly own the property and the loan was in my name only, the Land Registry entry for my property lists it as a ‘Restriction’ not a full charging order and only on my own ‘beneficial interest’. Northern Rock have sold the debt to Marlin (who are themselves now owned by Cabot) and I have been making regular agreed payments of £40 pm towards it. I am confused about what has now happened to the original charging order/restriction as: a) The CCJ has now expired after it’s 6 years and b) The charging order/restriction is in N Rocks name not Cabot. Can I apply to have it removed from the Land Registry record?
Sara (Debt Camel) says
CCJs never expire – after 6 years they can’t be enforced without permission from the court, but N Rock already took action within the 6 years by getting this restriction added.
If you point out the restriction is in the wrong name, it will be corrected to Cabot’s – which doesn’t help you.
If you are in a position to make a full and final settlement offer, that would be one way forard, but low offers aren’t usually accepted for secured debts, which this now is.
Andy says
Thanks Sara, I’m not in a position to pay it off in full yet. There was no order from the court on the original judgement that payments need to be made but I think it’s been best to pay off what I can just now each month to chip away at it. Give them their due, Cabot are not pressuring me to make unaffordable payments, I was just curious to see if the Land Registry restriction was still valid with the original debt having been sold. Thank you
Paul says
I have a ccj that takes £100 per month directly from my wages, it was raised when I was working in Scotland so didn’t see any letters so I think it’s called an attachment to earnings. No matter what pay rises I’ve had or overtime I’ve worked it’s always been £100.
Now I’m being made redundant and I’m worried whether they will try to take all the outstanding balance. I’m guessing because it’s not classed as earnings that it won’t be and I hope I can pay a standing order while I’m out of work. Would this be right? They have taken the £100 for 102 months without fail now and I was hoping to use the redundancy to retrain as my current industry doesn’t have much future.
Sara (Debt Camel) says
Hi Paul,
it’s a bit hard for me to guess what will happen here as what you have described – a flat deduction what ever your pay is – isn’t the way attachement of earning orders are supposed to work… Can I suggest that you talk to National Debtline 0808 808 4000 about this. They may also be able to suggest how you should be handling this debt whilst you are out of work, as it is often better not to try to carry on paying debts until you again have a job and know where you stand.
Simon says
Hi Sara, I recently returned an admission form with a payment proposal to a creditor but have now received a Judgement in default. I ensured I returned the admission and payment proposal by royal mail signed for and i have checked that the creditors representative did sign for it on the 14th day (claim was issued on 23rd Feb and stated that date of service is taken as five days from this date, which made the deadline 14th March). I have contacted the court and they said to contact the creditors (representative) to ask them why they have requested the judgement in default. I called them and they (Redwood Collections) said that it was probably because the court was backed up with processing of documents. They then said that they would be looking to apply for insolvency and would be issuing me with further documents to include a statutory demand.
Can they actually do this even though I complied with the process?
Any help would be much appreciated and many thanks in advance.
Sara (Debt Camel) says
Hi Simon, I suggest phoning National Debtline 0808 808 4000 urgently to discuss your options given these threats of a statutory demand.
Chris says
Hi sara, im after some advice and to know what will happen.
I was given a CCJ but all letter etc about this had gone to my old address which still happened to be my mums house who lives abroad, so in the end I recieved the letter about the CCJ 2 days before the 30 day period was up. I paid and initial payment on the friday of £43 then paid the remaining £1000 on the saturday but because the company closed at 1pm i used there automated service.
Now on my credit file its still showing as a satisfied CCJ where I believe it should be completely removed, is this the case and what can be done now? Ive contacted the solicitors and they are looking into it.
Key dates:
14/10/2016 – CCJ was taken out against me.
10/11/2016 – finally recieved the letter as it was to my old address.
11/11/2016 – initial payment made and spoke to credit company about what had happened.
12/11/2016 – outstanding balance paid off.
14/11/2016 – email recieved stating a zero balance (still within the 30 days)
19 or 22/11/2016 – solicitors mark the CCJ as been paid and mark it as only satisfied.
Any other advice and also help would be greatly appreciated.
Thanks, Chris.
Sara (Debt Camel) says
Well this is a bit tight, isn’t it. You are supposed to have “a calendar month” from getting a judgement so the 14/10/16. Whether this ends on 13/11/16 or 14/11/16 I don’t know. And I don’t know if you payment went to the other bank on the 12/11/13 – i guess not as that was a Saturday.
Chris says
thank you for the reply Sara.
After speaking with the CCBC and the solicitors which was dealing with this case it looks like its been messed up at there end. The solicitors realised they had put the wrong date so emailed the courts the correct one back in November but nothing was sorted so have sent another email this week with the correct dates.
Speaking with the CCBC myself they look to have cases resolved within 4-6 weeks which is very frustrating as its now been on my credit file nearly 6 months and also looking to apply for a mortgage in August. Do you know of a way to speed this up maybe with a complaint or something?
thanks.
Sara (Debt Camel) says
I doubt a formal complaint will speed this up. I suggest phoning them every week to enquire about progress. Have you asked the solicitor if they can forward you a copy of the email they have sent to the CCBC?
Chris says
Yes the solicitors CC’d me into the email to the CCBC and also showed the one which they had sent back in November asking them to correct the dates. Im more annoyed its been on my credit file all this time and now the most important time I need it removing it may take that long.
Alan Dorf says
My partner has just received a CCJ. She was bullied out of her job, suffered a break down, and hasn’t worked since. Myself and family have been supporting her financially, and she does occasional odd jobs meaning she earns 100-200 a month. Though sometimes nothing. I own our house and pay for everything such as bills and furnishings, so she owns very little.
She believes the debt is more than 7 years old but has no way of finding out as account is closed and is not mentally able to attend court, so is unable to contest it. This means she wants to pay it off so has asked me to fill write a letter stating that she can make a monthly payment of around £50. I want to know if she can still ask for the creditor to supply proof of the amount owed and that they own the debt, even if she agrees to pay it?
Sara (Debt Camel) says
Hi Alan, What sort of debt was this and how large is it? Can I ask if she has other debts as well?
Alan Dorf says
It is 10k on barclaycard though she reckons was lot less so assume is interest. She has probably another 6k om other cards.
Sara (Debt Camel) says
In that case, I think she should probably look at a debt relief order, see https://debtcamel.co.uk/debt-options/guide-to-debt-relief-orders/. This would deal with the CCJ and her other debts. In her situation, there is little to be gained by trying to contest this (which is much harder and may be impossible as she didn’t defend the CCJ) or even get the amount reduced.
Her local Citizens Advice would be good for this if she would like to see someone, or National Debtline 0808 808 4000 if she would prefer to do this over the phone.
Mr N Smith says
Hi Sara.
I am wondering if you are able to give any advice? My wife has a CCJ for a credit card of just over £6000, which arrived a few days ago, and we have been looking at what to do. She did not receive any notification prior to it, but is terrified to go to court to contest it so is looking at trying to pay it. She gave up work to look after a dying relative and does not get any benefits, so has no income. She also has other credit card debts of a similar sum, but has not had any chasing letters from these ones. Possibly as they have old addresses.
I pay the mortgage which is in my name, and transfer around £1000 a month to her account to cover our bills, groceries, etc. I also pay her mobile and for her clothes, etc. Do you know if this would be counted as her income, and used to work out a payment plan, even though it is not? If so, should I stop this, and pay for everything myself?
Also, she is unsure as what to put down for her expenses and income as I pay all these. Should we just leave these as blank? Or enter a value? I will have to pay off her CCJ based on what they agree to, until she is working, again.
Sara (Debt Camel) says
I think you two should talk to National Debtline about three things. Contact details here: https://debtcamel.co.uk/more-information/where-to-get-help/.
1) does she have any grounds to contest the CCJ? This is worth clarifying. If she has, ND can explain the procedures so she can make an informed decision, don’t accept you have to pay such a large amount if there are good reasons why she shouldn’t have got the CCJ.
2) income & expenditure details to put on the court form.
3) her other debts and her options for her whole situation. If you own the house and she has never contributed anything towards it options such as a Debt Relief order (if she owes less than 20k) or bankruptcy may be her best option rather than have to deal with one debt popping up after another.
David says
Hi- I had a CCJ back in Sept 2014. It is now paid in full and has been since Feb 2016. Is there any way to remove this before the 6 years? It was for a relatively small amount (£500). If the creditor agreed, could it be removed? I have contacted the legal firm that represented the creditor to ask. Have you heard of this in the past? What would be the process if they agreed?
Sara (Debt Camel) says
So far as I know there is no way of doing this.
David says
ok thanks Sara
Gary says
I have a very similar issue to David. I was issued a CCJ from United Utilities in August 2012. At the time I was struggling due to unemployment for a while. The following year I discovered I could get a grant from United Utilities – this actually paid off the debt in August 2013. Had I known about this at the time of the CCJ, I would have applied when I got into difficulty. I recently enquired with United Utilities as to whether it would be possible to have a judgment set aside despite it being marked as ” satisfied “, The response was to contact the court.
Mike says
Hello.
I have been successful in having a CCJ by default set aside in a complicated case on a old alleged debt that was sold on . The set a side hearing was heavily contested by the company that brought the debt solicitors/ advocate. I am now preparing a defense . I have little to work on other than papers presented by the claimants when contesting the set a side . that are questionable . I have requested a SAR and details under consumer credit act 1974 sections 78/79. .These have been refused for various reasons or diverting me to the original lender. I do not want to go into to much detail on this complicated matter, because I am sure the companies read these comments and will easily fathom out the case . The alleged debt was paid a number of years ago . I am stuck on what strategy to use in my defense . Do I tell it as it happened without any supporting evidence or do I rely on the questionable documents produced by the other side? The cost of a solicitor is double the amount of the alleged debt
Sara (Debt Camel) says
Hi Mike, I am not sure why if the debt was paid a few years ago there is any case? You could talk to National Debtline about your defence 0808 808 4000.
mike says
Ok thanks national debt line have been great…..but can not give me advice because they think I need legal advice. The problem is I do not qualify for legal aid. The cheapest quote I have is double the allegations and I can only claim back a fraction of the costs. CAB have also advised the same.
I will look at legal beagles
Thanks
mark says
Hi
My wife has just received a ccj court claim and I wonder if I have to include my income on the expense form.
Regards
Mark
Sara (Debt Camel) says
Hi Mark, this article looks at completing this form https://debtcamel.co.uk/ccj-monthly-payment-form/.
Does your wife agree she owes the money? When did she last make a payment to the debt? How old is the debt?
Kay says
Hi,
I left my zero hour contract job, and my employer did not pay me either holiday pay, or may wages, and had paid me at the wrong rate for the whole time I was there. I made a money claim online for £500 plus £35 cost. He did not respond to the papers. I got a default county court judgement, after the allocated time (19 days), to which they then sent him a letter to inform him he needed to pay by 10/10/17.
He emailed me and said that he would not pay as i was employed by a LTD company and not him, and if I get his name off the claim he will pay the balance. I refused. He then said that he had called the money claim people and they had said they would return the claim back to me, and cancel the ccj. I’m really worried as I can’t afford to get it set aside at the cost of £255 or even to apply again. Can the courts do this?!
Thanks
Sara (Debt Camel) says
I suggest you talk to National Debtline.
PS he has to apply for, and pay for, the set aside, not you…
claire says
I had a debt with capital one which i thought was statue barred, capital one sold the debt to Cabot financial and they took me to court in Jul 2015. I did not reply in time and the ccj was granted. In November 2015 i had a bailiff send out a letter saying they would be visiting, i went to seek advice from CAB and was going to start a DRO, but the next month as my finances improved i wouldn’t have been eligible. Fast forward to Sept 2017 and i have a letter from Cabot saying my account was with their solicitors but they have decided not to pursue legal action on my account at this time. The balance still needs to be paid and they would like to help me do this by giving me two options, a monthly plan and a discount…
I’m unsure of what to do? any advice would be greatly appreciated.
Sara (Debt Camel) says
The fact that it may have been statute barred is now irrelevant – it may be that you could have got the CCJ set aside in 2015 but 2 years later you can’t.
So you have an unpaid CCJ from 2015. Your options are:
– to offer a full & final settlement if you can afford this – what sort of discount have Cabot offered?
– offer monthly payments
– ignore and potentially have the debt sent to bailiffs again
– consider you full debt situation. If you were going for a DRO you probably have other debts? What has happened to those? You can’t decide what to do about this one debt in isolation, because what will you do when another debt pops up with another debt collector?
Unless your situation is now simple – you are much better off, no real problem debts apart from this one and you have the money to settle it – I suggest talking to CAB again about your options. Or National Debtline on 0808 808 4000 if it’s more convenient to use the phone.
claire says
Thank you for the reply Sara,
I will contact Cabot and see what can be done for a payment plan. The debts that i did have have mostly been paid off through payment plans with Lowell.
claire says
Sorry for the double post Sara,
Just had my mail and there is another letter from Cabot, the letter is asking me to make them an offer… the debt is for £617.70 this includes the charges for the ccj. They say… We would like to give you a unique opportunity to offer a lump sum to clear your account, some of our other customers have managed to clear balances with up to a 75% discount, call us and talk to one of our customer consultants about how much you can offer to pay.
Maybe i should phone them as i am petrified they will return with bailiffs .
Sara (Debt Camel) says
Can you afford to make a partial settlement? You were planning on contacting them anyway, there is no reason to be worried about bailiffs if you are making a repayments proposal, bailiffs only tend to be used where the customer is doing an ostrich act and ignoring letters.
Bud says
Hi, I have been looking into claiming old pay day loan interest back. After seeing my credit report, one of the lenders (Pounds to Pocket) has placed a CCJ against me. From what I can gather after reviewing years of bank statements, I have paid back the sum of money I borrowed in full but not the interest as I had to set up payment plans with them. As this CCJ is active on my credit file I am guessing I cant get it removed by stating they lent me money when they shouldn’t have and therefore I have no need to satisfy? If I can then they would owe me £87 in the interest that I have paid them from this loan if that makes sense. Please can someone advise? TIA
Sara (Debt Camel) says
Making an affordability complaint is VERY unlikely to get this CCJ removed. However if you had other loans from PTP then make an affordability complaint about the other loans and that should go some way towards paying off the CCJ.
Mattey H says
So Lowell Finance are taking me to court via their solicitors even though i have been making monthly payments to them via my debt management company.Initially i disputed the debt as i thought i had already cleared the debt before going in debt management.So because of that i ignored the letter from the solicitors as i thought it was some scam (silly me).I only took note when i got a letter from the county court,i decided to fill in the defence form.After contacting the original lender i was given evidence i only paid half the amount,which i disputed and even told them i felt the debt was mis-sold in the first place.So the original lender told me they would raise a complaint and look into it.For the mean time they told me to contact lowell to make an offer so they discontinue the court case.Lowell accepted my monthly payments offer but are still taking me to court;why?and can anyone advise me on what to do?I can’t afford the amount or else i would have paid it off.I hate the idea of baliffs knocking on my door.
Sara (Debt Camel) says
Hi Mattey, I suggest you call National Debtline on 0808 808 4000 (or their webchat is also good) as this seems a bit tangled. ND can say what should be happening about getting the claim discontinued, whether you should put in a complaint to Lowell about this, and how to complete the court forms offering an amount you can afford each month if the court case does go ahead.
Hayley says
Hi Debt Camel,
Me and my husband seriously need advice on how to deal with two CCJ’s we received from our seller of our new house. She has taken action against us as she is being sued by her seller for the costs incurred when we were all moving house. Our buyer (at the top end of the chain) didn’t complete the exchange, which meant he had breached contract in turn us breaching ours, and so forth. We all had to place our contents in storage etc, and wait until after the weekend to move in on the Monday. These are the costs our Seller is trying to claim for (as well as inconvenience and stress). Firstly, are we supposed to be receiving 2 CCJ’s if it’s against us both for our house, that is mortgaged by both of us? Secondly, do we admit to part of the claim, as we breached contract? Thirdly, I have completed a Admission Of Service to buy us some more time, but not sure if I’m supposed to do this for my husband’s name, even though it’s the same claim number.
Thank you
Sara (Debt Camel) says
I suggest you speak to the solicitor who dealt with your house sale and purchase as a matter of urgency.