A Step-by-Step Guide to Setting Aside a CCJ
Receiving a county court judgement (CCJ) can lead to major financial consequences. In addition to requiring you to pay debts, it can affect your credit, so it is something that should be acted on quickly.
In some circumstances, you can set aside a CCJ. However, this is something that can be difficult to do and can potentially lead to spending more money. The good news is that DoNotPay can help you with your debt issues.
What Is a CCJ?
County court judgments are issued by courts when a creditor claims that someone owes them a debt, and the debtor has not paid or responded to notices. According to GOV.UK, CCJs are official decisions that someone does owe a certain amount of money. It states who you owe, how much you owe, how to pay the debt and the deadline for payment.
If you receive a CCJ, it will arrive either by post or email. But, just because you don’t respond to a CCJ does not mean it is unenforceable. In fact, failing to respond to a CCJ can result in further penalties.
If you want the judgement issued to you to be re-evaluated, you must be able to provide a really good reason when you apply for a CCJ to be set aside. For instance, if the claimant did not serve you notice about the claim prior to the proceedings, or if the notice was sent to a wrong address, your application may be granted. On the other hand, if you cannot provide a viable reason that the debt is not yours, or it was already settled, or you did not receive the claim notice, then the CCJ will not be set aside.
Why Did You Receive a CCJ?
Generally, county court judgments are only issued after a creditor has unsuccessfully attempted to collect an outstanding debt. This official ruling allows the creditor to take further actions to retrieve a debt, including bailiff visits.
However, not all CCJs are sent correctly. For example, someone may have already paid the creditor, and the creditor incorrectly believed the debt was still unpaid. In other instances, someone may have not received a letter from the creditor before the CCJ was issued, meaning that they did not have a chance to prove their case.
What Are the Consequences of a CCJ?
Paying off a debt on its own can be a difficult task, but CCJs can make the situation even more difficult for someone in debt. CCJs remain on someone's credit history for 6 years. Having this on your record could affect applications for loans or credit in the future.
It also gives creditors rights to further legal actions to claim the debts, such as:
- Home visits from bailiffs
- Having bank accounts frozen
- Deductions from your income
- Pay the debt from your sale of property (such as land, house, or shares/stocks)
- Court order to answer questions employment status or earnings
What Can You Do About a CCJ?
First and foremost, it is important to respond to the CCJ by the given deadline, as failing to do so can result in more extreme consequences like further court actions.
- If you have the money and know that the debt in the CCJ is valid, paying can bring positive results.
Whether you pay in full or instalments, make sure to keep a record of your payments and always pay on time.
|Payment Period||Certificate from the Court||Benefit|
|Within One Month||Certificate of Cancellation||The judgement will be removed from the register.|
|After One Month||Certificate of Satisfaction||The judgement will still stay on the register for 6 years BUT will be marked ‘satisfied’ (meaning ‘paid’).|
Make sure you write to the court to indicate that you have completed payments and send Form N443 with proof of payment from the creditor to the court that is handling your case.
- If the debt is valid but you do not have the funds to pay, you should still respond. You may be able to agree to an instalment plan or something else to settle your debts without the creditor taking further action against you.
- You are also allowed to contest the judgement, which can result in the CCJ being set aside. Cancelling a county court judgement can result in your debt being erased if the debt was inaccurate.
How to Set Aside a CCJ on Your Own
Sometimes, mistakes are made in court rulings, and you are allowed to challenge a CCJ. To do this on your own, consider the following steps.
- Before challenging the CCJ, find evidence that proves the CCJ should be set aside. This can mean that you already paid the debt in question or that previous notices regarding the debt had not been sent.
- Fill out and submit Form N244. In this form, you will explain why the CCJ should be set aside.
- You will then have a court hearing, during which you will formally present your case for cancelling the county court judgement. The application comes with a £275 fee.
- After this, you will have to wait for the result of your case. It is important to remember that even if a CCJ is set aside, you may still be liable for a debt if it has not yet been paid.
Get Debt Help With DoNotPay!
When creditors are pressuring you, it can feel like you are fighting a battle on your own. You don't have to deal with a debt problem alone, though, as DoNotPay can help with our Debt Help UK tool.
In just 3 steps, we will help guide you in responding to debt collectors.
- Search "debt collection" on DoNotPay.
- Answer a series of questions about the debt collectors, including when you were contacted and how you were contacted, so we can determine if they have violated any debt collection laws.
- Decide which course of action you want to take based on our guidance, such as filing a debt verification request, demanding for the collectors to stop contacting you, or reporting them to a professional trade association.
Can DoNotPay Deal With Debt Issues From Other Creditors?
In addition to helping you set aside CCJs, DoNotPay can assist with debt collection issues from any company or agency, including
- Moorcroft Debt Recovery
- DWP Debt Management
- Advantis Debt Collection
- Lowell Financial
- Provident Loans Refund
- Amigo Loans Refund
- Marston Group Holdings
Debt Help Is Just One Thing DoNotPay Can Do for You
DoNotPay is here to help guide you through some of life's tough processes and challenges. In addition to providing help with debts, DoNotPay can also assist you with:
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