This page brings together many of Debt Camel’s articles about CCJs to answer the common worries people have:
- concerns that you might get a CCJ,
- questions about the court forms and processes,
- problems after a CCJ has been issued, and
- issues about credit records.
What exactly is a CCJ?
A County Court Judgment (CCJ) is a decision (“a judgment”) by a court in England, Wales or Northern Ireland that you have failed to repay money you owe. The CCJ sets out how much is owed, how the money should be repaid and when – it is possible to get the payments details changed.
A CCJ is not a criminal conviction and you cannot be sent to prison for not paying a CCJ.
CCJs are used for all types of consumer debt – credit cards, loans, overdrafts, catalogues etc. These are the main types of debts considered here, but CCJs are also used for other court claims involving money. For example, you could sue a builder for defective work, or your builder could sue you if you haven’t paid his bill.
They aren’t used for all types of debt, for example Council Tax debts go a Magistrates Cout, not a County Court, and you would get a Liability Order, not a CCJ.
Worried you might get a CCJ?
If you can’t make the usual debt repayments you may be worrying about courts and bailiffs – perhaps you have already had scary letters or phone calls.
Often people are worrying unnecessarily. Read:
Those articles explain what you can do manage your situation. The worst thing you can do is try to ignore the problem – by taking action it is massively less likely that any of these worrying things will happen.
It’s important to consider your full situation: your income, expenditure and other debts. There is no point in trying to sort out one problem creditor by offering an amount of money which means you won’t be able to pay your other debts so they will take you to court… You need to look at what your good debt options are.
How many people get CCJs?
In the first three months of 2019, there were 320,000 CCJs. Many of these were for quite small amounts of money – half were less than £650.
CCJ numbers dropped dramatically in 2020 because of covid-19 when the courts were largely shut. They are now going up again in 2021.
My guess is that most of these CCJs were for people who were trying to ignore a debt. Some will be for people who had no idea about it as the court papers went to a previous adress.
If you are making even small monthly payments, most lenders and debt collectors will not want the bother – and cost – of going to court.
CCJ letters, forms and court processes
Before a case goes to court
Before a creditor can take you to court, they have to follow the Pre Action Protocol for Debt that was introduced in October 2017. This means you should get a Letter Before Claim (it may have a slightly different name), with a Reply Form where you can ask for more information, including a complete statement of your account and a copy of your written agreement for the debt. Until you have been sent this, the creditor can’t go to court.
This may look complicated, but it’s good news! Read How to Reply to a Letter Before Claim for details, including a list of reasons you may have to challenge this debt and not get a CCJ.
It is much easier to ask for more information at this stage or say why you are challenging it than to wait and have to defend a court case. Don’t assume these letters are a bluff, if you ignore them you are very likely to get taken to court next.
A Claim form is the start of a court case
The start of the court process is when you are sent a Claim Form.
Don’t worry if the form says Northampton County Court – you don’t have to go to Northampton. In most cases there isn’t a court hearing at all. If there is, it will be in your local County Court.
Read What to do if you get a Claim Form – that covers:
- making sure it really is a claim form (N1), not just a letter threatening court action;
- deciding if you dispute the debt (is the amount wrong? have you repaid it? is it too old so it is statute barred? etc);
- what to do if you agree you owe the money and want to make an offer of monthly payments. How to complete the N9A Admission form is covered in more detail in How much should I offer to a CCJ?
If the Claim Form is sent to an old address you may not find out about it or it may be forwarded to you too late for you to reply. In this situation, the court will award your creditor a judgment “in default” as it will assume you agreed that you owed the money, see below for what to do if this happens.
National Debtline are a great source of advice on everything to do with CCJs,
from guidance on court forms, proceedings, laws, etc to discussing your possible alternatives.
If you do get a CCJ
Your creditor won the case, you have received a letter from the court saying you have a CCJ, so what are your options? The worst thing to do is to ignore it, no matter how impossibly large the debt may feel. Briefly your options are:
- pay it in full – if you can do this within a month then the CCJ will disappear from your credit record;
- start making the monthly payments the court set;
- if the court said you have to pay the whole amount immediately (“forthwith” is the legal term for this), or set monthly payments that you can’t afford, you can ask for this to be changed; or
- if you want to challenge the decision, perhaps because you didn’t get the papers in time to put in a defence, you can ask for the decision to be “set aside”.
For more details about each of these see I have a CCJ – what should I do?
If you don’t do anything, then your creditor may decide to take further action:
- send bailiffs to your house – see this Bailiffs Information;
- take money directly from your wages see this Attachment of Earnings Factsheet;
- take the money from your bank or savings account with a “third party debt order” (it is called this because you and your creditor are the first two parties and the order is to your bank, who is the third party). It is not commonly used; or
- get a “charging order” that secures the debt against your house. See Are you worried about a charging order? (NB you can still get a charging order even if you are making the payments set by the court.)
These actions are called “enforcing the CCJ”. Phone National Debtline for further information about CCJ enforcement and for advice about what you should do.
The creditor may also apply for an “Information Order” – you will be asked to attend a local court for an interview about your income, expenses, savings and other assets and may be asked to produce bank statements, pay slips etc. It is essential you attend court or get the hearing rescheduled to a date you can make as the court can send you to prison if you do not co-operate.
A CCJ never becomes “statute barred”, but if the creditor doesn’t take enforcement action within six years, they have to get court permission to start enforcement afterwards and this is very rare.
In most cases interest isn’t added after a CCJ. If your creditor tells you interest is being added, read this fact sheet and contact National Debtline to discuss your situation and what your options are.
CCJs and your credit file
A CCJ is recorded on your credit record for six years, after which it will be deleted. There are three exceptions:
- if you pay it in full within 30 days it drops off immediately;
- if the judgment is “set aside” (see above) the CCJ is removed;
- if an insurance company pays the debt and they supply evidence of this.
If you pay the CCJ over a period of a few years say, the CCJ will still remain for the rest of the six years but it will be marked as “satisfied”. Having a CCJ on your credit file damages your chance of getting further credit, but it is regarded as less bad if it is satisfied. Having any CCJs on your record, even ones you have paid makes it very hard to get a mortgage.
The CCJ on your credit file is in the “public records” section of your credit report – this is separate from the debt it relates to. So your problem debt is likely to show in two places. The debt itself will drop off your credit file six years after the default date, this will have been before the CCJ so the debt will disappear first, then the CCJ.
If you aren’t sure if you have a CCJ, perhaps because you have been abroad or moved around a lot, then your credit record is a good place to look. Or you can search the Registry Trust information, see How can I tell if I have a CCJ?
Adrian says
Hey, after some advice.
I’ve got a CCJ on my credit file that was satisfied within a year of finding out about it. I wasn’t aware of it as the letters were sent to a different address and not to one I’ve even lived at.
I found out about it through my credit file.
Is there a way of getting rid of it from my file as I’m trying to rent a property and can’t as they can see the CCJ.
Thanks
Sara (Debt Camel) says
I suggest you talk to National Debtline on 0808 808 4000 and this. having a CCJ removed after you have paid it is unusual – but the address thing sounds odd, so take some advice on this.
Mack says
Hi
Cabot finance told me I must pay half my disposable income on paying there debt (£110) This was after doing a budget planner which just included my debts and bills. They have threatened me with a CCJ. I have asked for a copy of the original credit agreement but so far no joy…
I have offered £20 a month which I’m not budging on. The debt is 8yrs old
Sara (Debt Camel) says
apart from this, how many other problem debts do you have?
when did you ask for a copy of the CCA agreement?
Have they sent you a Letter Before Action/Claim, see https://debtcamel.co.uk/letter-before-claim-ccj/ for what one of these letters looks like?
Mack says
No other problem debts
Asked for agreement a month ago
Not received a claim letter
They’re ringing everyday even though I said all I can afford is £20.
Is there somewhere I can complain??
Many thanks
Musa says
Good morning.
I need your help please.
My bank turned down my Direct debit to a payment which was due 4th April I got a letter today saying. I need to pay the amount what I owe and as well as default charge for direct debt by 25th April. If I pay this Monday I won’t receive any default on my credit file.
Thanks
Sara (Debt Camel) says
who was this payment to?
can you afford to pay it, or will it leave you with too little money to pay essential bills and living expenses?
are you making payments to all your other debts?
Musa says
The payment is to premium credit I never missed a payment I can afford it but I’m worried will it effect my credit report it’s only first payment I missed and never missed a payment.
I am just worried for the letter saying default change applied. For missing DD.
Sara (Debt Camel) says
“premium credit” – who is this lender?
It is common to charge for a missed payment – the terms and condition of the credit will say what the lender charges.
they should not add a default if you have only missed one payments. They may add a missed payment marker but that is not so serious as a default.
“If I pay this Monday I won’t receive any default on my credit file.”
Is that what the letter said?
Musa says
The letter says I need to pay £48 before 20th April that included plus’s a default changer.
The lender is intelligent insurance.
I am worried my remortgage is due December this year it won’t effect it will it?
This my first payment missed never missed it. I was busy with work and I just forgot.
Sara (Debt Camel) says
So when you wrote
“If I pay this Monday I won’t receive any default on my credit file.”
was that what the letter said? or what you were asking?
Musa says
Thet was me asking you please.
This is first time happens to me
Sara (Debt Camel) says
Ok then asd I said they should not add a default. But they may add a missed payment. You could ask them not to as a gesture of goodwill, but they are withing their rights to record a missed payment.
This may make it harder to get a remortgage with a different lender, but you should still be able to get a new fix with your current lender.
Musa says
Sorry I was meant to write remortgage is due 2023 September.
Will missed payment effect me taking credit out now
Sara (Debt Camel) says
what sort of credit?
Musa says
Credit cards,
Car Hp
Looking in July
Sara (Debt Camel) says
Well to point out the obvious, buying a car on HP now will definitely affect a remortgage next year.
Peter Thompson says
Cabot have admitted and apologised for issuing a ccj on my credit file by mistake as it was from 2003 and was statute barred the ccj was sent to wrong address in 2017 and his been on my file since then. It sopped me from getting mainstream credit cards I only have high interest card. Also any loans I had were on high interest APR. I wrote to them 2 years ago to explain they would not listen. Now they are looking to see if compensation is due but I have no idea what a fair amount would be. Any ideas? Peter.
Sara (Debt Camel) says
Hi you asked this question on a different page and I replied there: https://debtcamel.co.uk/paid-ccj-satisfied/comment-page-1/#comment-478749
Emma says
How do I find out how much is left to pay on my CCJ?
Sara (Debt Camel) says
you can ask the creditor for a statement of the account.
Mark says
Hi Does anyone know anything with regards to a tomalin order? I was sent court paper in 2020 with regards to a debt from shop direct and I was basically worried as i didnt want a CCJ. So i was on a fb group and was advised to ask for a TOMALIN Order so it wouldnt go to court and I pay £3.00 per month. I have looked at the debt and its will lowell solicitors and it been put up to £4000.00 debt with added cost. I did and irresponsible lending with shop direct and they have acknowledged the claim and have given up £630.00 but said we need to take the tomalin order up with lowell as they have sold the debt. Is there any way I can get is set aside. thanks
Sara (Debt Camel) says
Your complaint against Shop Direct. What were you complaining about over what period? what have SD agreed was unaffordable?
SALLY CODD says
Hi, i have a 3 year old ccj with lowells i am still paying for a loan from provident, however, i have just had confirmation from provident that they agree that it was irresponsible lending, where do i stand now? Can i claim my money back and insist the ccj be removed?
Sara (Debt Camel) says
See the provident page https://debtcamel.co.uk/provident-scheme-claim-refund/ for what is happening – at the moment there is some confusion between Provident and Lowell.