Guide to Setting Aside a County Court Judgment (CCJ)
Polina Schweizer
Commercial Paralegal
Discovering a County Court Judgment (CCJ) on your credit report can be daunting. Not only does it significantly lower your credit score, but it also hampers your ability to get a mortgage, rent, or even secure a mobile phone contract. In some cases, it may also impact your career prospects. This article outlines steps to have a County Court Judgment (CCJ) set aside, helping you clear your credit record and take control of your finances.
What is a CCJ, and Can It Be Set Aside?
A CCJ is a legal order issued if you fail to repay a debt. If it is unjust, for example, because you were unaware of the claim, you may apply to have it set aside, meaning the judgment is cancelled, and the legal process restarts, giving you another chance to respond. But how can you achieve this? This article explains the steps.
1. Gather Key Information About Your CCJ
Before trying to set aside a CCJ, gather all necessary details. This will allow you to make informed decisions. Your credit report typically provides the following:
- The date the CCJ was issued
- The claim number
- The amount owed
- The issuing court, often the County Court Business Centre
Contact the court for further details like the claimant’s identity and the nature of the claim.
2. Determine the Best Course of Action
With the necessary information, decide how to proceed. There are three ways to remove a CCJ from your credit report:
- Pay the CCJ within a month: The CCJ will be removed from your record if paid within 30 days.
- Wait six years: If left unpaid, the CCJ stays on your record for six years before being removed.
- Apply to have it set aside: This is suitable if the CCJ was issued incorrectly or you were unaware of the claim.
This article focuses on the third option—applying to have the CCJ set aside.
3. Act Quickly When Applying to Set Aside a CCJ
Timing is crucial when applying to set aside a CCJ. Courts are more likely to favourably consider applications made promptly, so delay could hurt your chances.
4. Choose the Right Grounds for Setting Aside the CCJ
A CCJ can only be set aside if there are valid reasons, such as:
- Incorrect service of court papers: If they were sent to the wrong address.
- A valid defence: If you have grounds to challenge the claim.
- Other compelling reasons: For example, being unaware of the claim due to an address change.
Identify which grounds apply to your situation and build your case carefully.
5. Seek the Claimant’s Consent
The process becomes easier if the claimant consents to setting the judgment aside. Courts are more likely to grant the application if there’s no opposition. Some claimants may ask for full payment of the CCJ before consenting, so this is worth considering.
6. Fill out the Application Form
Whether or not the claimant agrees, you need to submit a form to the court to request the CCJ to be set aside. If the claimant consents, make sure to include supporting evidence, such as a consent order. You may have to pay a court fee.
7. Compile Sufficient Evidence
As the applicant, it’s your responsibility to provide compelling evidence to support your application. Evidence might include proof of address changes, notifying the claimant of your new address, or documents that support your defence.
8. Draft a Comprehensive Witness Statement
A witness statement allows you to present your side of the story and must follow the Civil Procedure Rules (CPR). Include details like:
- Dates and details of address changes
- Reasons for being unaware of the claim
- Actions taken once you learned of the CCJ
- The impact of the CCJ on your finances
Ensure your witness statement is truthful, as it carries the same weight as swearing under oath in court.
9. Prepare Thoroughly for the Hearing, if Required
Being well-prepared for the hearing is crucial to your success. Review all documents carefully, including the application, witness statement, and any evidence from the claimant. Preparation helps you confidently answer any questions from the judge.
10. What to Expect at the Hearing
The court will notify you of the hearing details. During the hearing, both you and the claimant will present your cases, and the judge will ask questions as necessary. The decision will be based on the evidence provided.
Next Steps After the CCJ is Set Aside
If the court sets aside your CCJ, it will issue a formal order, and your credit report will be updated within a week, boosting your credit score.
Final Thoughts
Setting aside a CCJ can be a complex and time-consuming process, but with the right approach, you can clear your credit record and improve your financial outlook. Act quickly, gather strong evidence, and seek legal advice if needed to enhance your chances of success. Be prepared for the process to take some time, and remain patient throughout.
For specialist advice and support. please get in touch with our divorce solicitors in London now by calling 020 7139 9266 or contacting the GOOD LAW INTERNATIONAL office.
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