Can You Remove a CCJ Once It’s on Your Record?

Ignatius[1]

Ignatius Uirab

Money Savings Advice Can you have a CCJ removed

There are various ways to remove a CCJ, some almost immediately and others that will take longer, but you need to respond and work with the courts.

How to Remove a CCJ From Your File

CCJs can be removed from your credit file if you can prove that the debt wasn't yours. A CCJ is marked as 'satisfied' once the debt is repaid. CCJs are automatically removed from your credit file after 6 years.

A County Court Judgement (CCJ) is certainly not something you should take lightly as it will impact your credit rating and ability to raise funds.

In simple terms, a CCJ means you owe monies to a third party. They have tried to discuss the debt and even alternative payment arrangements, but you have not been forthcoming. There are many reasons why you may challenge a CCJ, some of which are perfectly valid, while others offer no real defence.

Continue reading to get all the nitty-gritty details.

CCJs Don’t Just Come Out of the Blue

Before we look at ways to remove a CCJ, it is worth reminding ourselves that creditors, under the Consumer Credit Act, will need to give you notice of at least 14 days before taking any legal action.

The letter will outline the case against you, funds being claimed as well as a summary of the action which may be taken against you. So, if you have the misfortune to stand in front of a judge and discuss your CCJ, ignorance is not an excuse.

How Can You Remove a CCJ From Your Credit File and Public Record?

Unfortunately, if you are on the wrong end of a CCJ, this will be noted on your credit file and a database known as the Register of Judgements, Orders and Fines. Your credit file and the register are both public documents and the existence of a CCJ will certainly impact your ability to raise finance.

However, there are ways and means of removing a CCJ from your credit record and the Register of Judgements, Orders and Fines:-

Case Was Fatally Flawed

The fact that you will have at least notice of 14 days before a CCJ is a registered with the courts should give you time to at least build some kind of defence. It may also be the perfect opportunity to seek mediation with the third party in question and try to come to an arrangement.

There are some circumstances where a CCJ ruling could be reversed in the event that evidence is found throwing the case into doubt. So, even if a CCJ has been incorrectly added to your file it can just as quickly be removed if there is evidence to support your innocence.

Repayment of Outstanding Debt

While there are no circumstances in which the addition of a CCJ to your credit file is anything but negative, you may be able to come to some kind of arrangement with your creditor.

If you can arrange a relatively prompt settlement of the outstanding funds then the CCJ will be noted as “satisfied”, and in some cases, you can apply for it to be removed from public records.

This is not necessarily a common occurrence, but it may well be an option if you can come to some kind of arrangement - and quickly!

CCJ Is Automatically Removed After Six Years

The fact that the issue of a CCJ will come after a default note has been added to your credit file will certainly have a huge impact on your credit score. Traditionally, like other debt management arrangements such as IVAs, a CCJ will remain on your credit file for six years.

While the removal of the CCJ after six years should be automatic, it is advisable to monitor your credit records to make sure this does happen. In the event that the CCJ is not removed after six years, you can apply for your records to be corrected.

 

Reversal of Default Judgement

There are some extenuating circumstances in which a default CCJ judgement could immediately be removed from your credit file – but you need to act quickly! If the courts and your creditors believe you were given sufficient notice to represent yourself in court and did not appear, the judge can issue what is known as a default judgement.

This basically means that the defendant failed to show and therefore, a default judgement was passed with the CCJ added to public records.

We have seen some circumstances where a default judgement can be overturned if:-

  1. The paperwork informing you of the outstanding debt and legal action was posted to an old address.
  2. You can prove that you were away from your home, on business or pleasure, and did not have time to respond to the legal documentation.
  3. You were not given the opportunity to defend yourself even though you had a potentially strong case.

While it is not impossible to reverse a default judgement, you will need a very good reason!

Remember to Check Your Records!

In the UK, we tend to have unerring confidence in the financial/legal system and especially the updating of public records such as credit files and various judgement registers. Well, we have news for you, those who keep these records sometimes make mistakes…..and you could pay the price!

Whether you have had a CCJ, or you’re just simply checking up on your credit file to see if the information held about you is correct, you should do this on a regular basis. There are numerous credit reference websites available today which give you free access to your credit scores and behind-the-scenes details.

While you may not get your full history with the “free option”, even paying a relatively small charge for a copy of your full credit file is well worth it. If you find something wrong, inform those maintaining the register/creditors in question as soon as possible and at least give yourself a sporting chance of successfully applying for credit in the future.

Summary

There is a common misconception that once a CCJ has been added to your credit file and court records, then it is there for at least six years. As we touched on above, there are various means of removing CCJs from your records which will certainly help you. It is dangerous to risk the addition of a CCJ to your files, and it is no good “burying your head in the sand” when creditors approach you for discussions.

Speak to them, let them know your situation and try to agree to some kind of payment plan (assuming the claim is correct). They don’t want the expense of taking you to court, and the courts certainly don’t relish handing out CCJs.

 

How Can Money Savings Advice Help You Reducing Your Debt?

Here at Money Savings Advice, we have partnered with some of the UK’s debt release brokers. They have already helped thousands of people reduce and remove a high percentage of debt, and if you are struggling with debt, they can do the same for you.

Choosing an independent adviser means they won’t recommend a scheme unless they are sure it is in your best interests. Their advice is also regulated by the FCA, which gives you an additional layer of protection.

If you would like to speak to one of these brokers, then click on the below and answer the very simple questions.

Ignatius[1]

Ignatius Uirab

Ignatius is one of our leading financial specialists. With over eight years of financial experience, he has vast experience and knowledge of the financial sector. When he is not writing about how to make your money go further, he is a true family man.

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