Removing a County Court Judgement (CCJ)
Most County Court Judgements are the result of an undefended
court summons. Usually because the defendant is not aware of the
correct course of action needed. So the court enters a judgment by
default.
The Central Registry then passes the judgements to the credit
agencies.
Debts to a specific creditor can be paid in full; however the CCJ will
stay on file. This is partly because a request for the removal of the
CCJ has never been issued. Simply because whoever received the
judgment did not know that it was necessary.
If a CCJ is set aside or reversed, e.g. by appeal or the outstanding
arrears have been settled within one month, the courts will
automatically remove the entry from the Register of County Court
Judgments.
The details below are required to process the removal of a CCJ:
· The name of the plaintiff (usually the creditor)
· The Case Number! Without the case number the courts will
not even read an application.
· The original summons.
· The name of the court
Getting a CCJ removed
First of all you have to obtain a current copy of your credit file. After
the credit file is obtained, write or e-mail the credit agencies asking
for a copy of your credit file. Copies of your files can be obtained
from Experian or Equifax
Secondly, gather any details of the CCJ that has been issued against
you. When the information you requested from the credit agencies
is received. Take note of the county court judgements set against
you.
The next step is to write a letter asking the court to send all of the
details they have against you regarding your CCJ.
Example letter
Requesting information regarding your CCJ
Your Name
Your Address
The Clerk of the Court
Your County Court
County Court Address
Date
Dear Sir/Madam
Could you please send me all of the information on the judgements
that were made against me in your county court? The judgements
are as follows;
1. Case Number: [case number here] Date: [date here]
These judgements were made against, Your Name
Kind Regards.
Your Name
If you feel you have been unfairly or incorrectly issued with a CCJ?
Then a N244 form is used to request to a court the removal of the
unfair or incorrect CCJ. N244 forms are readily available free of
charge from the county court. Complete the N244 giving details
relating to your county court judgement, with reasons why the
judgement should be set aside. Some valid reasons for setting aside
a CCJ are as follows:
· Not given 28 days notice to pay outstanding debts
· Incorrect postal address when the summons and
judgement took place
· Summons not received
· The CCJ issued has appeared on your credit file even
though all arrears were settled within 28 days
· Not given 21 days to reply to the court due to a late
summons. If the summons was 21 days late then the
judgement would have already been made.
· Your name was used by another to gain credit, resulting in
a CCJ
· Out of court settlements with the plaintiff, resulting in all
arrears paid
· If you did not receive any notification of the judgement/s
made against you, then you can appeal.
· Unable to attend court, due to other circumstances
· Summons taken out against both yourself and another
person jointly and only one party received summons
Contact you finance company, make enquiries regarding any
outstanding defaults or arrears.
If there are still outstanding debts to be paid. Please could you send
written information regarding the details of what you would require
to settle the outstanding amount?
Kind Regards,
Your Name
When confirmation has been received from your creditors,
explaining any outstanding debts have been repaid in full. You must
now proceed to inform the credit agencies of the situation.
Example letter
Requesting removal of CCJ’s from your credit file
Example Letter
Contacting your finance company regarding any outstanding
defaults
Your Name
Your Address
Finance Company Name
Finance Company Address
Date
Dear Sir/Madam
Ref: [Your Reference Number]
Please could you give me any information regarding any defaults or
arrears that have appeared on my credit file issued by the credit
reference agencies concerning any debt owed to you.
If the debt in question has now been repaid and settled in full.
Please could you confirm in writing, so that I can clear my credit file
with the credit reference agency.
Your Name
Your Address
Credit Agency Name Experian, Equifax
Credit Agency Address
Dear Sir/Madam
Please find enclosed confirmation from the county court that the
enclosed judgement has been set aside. I would be most grateful if
you would remove this county court judgement from my credit file.
Please find enclosed, a letter from [creditors] stating that the
amounts of credit has now been repaid in full and that they are
prepared to have the default on my file removed.
Please could you send any information regarding my revised credit
file to me for my records?
Kind Regards
Your Name
County court judgements do remain on your credit record for up to
six years. However when a potential creditor examines your credit
file, they will be able to see that all debts were paid in full.
