CCJ Removal Solicitors

Expert Commercial Law have a panel of CCJ removal solicitors on hand to assist clients in having County Court Judgments removed from their files.
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What is a County Court Judgment (CCJ)?

CCJ stands for County Court Judgment. It is a court order issued by a County Court in the United Kingdom against an individual or a company that has failed to repay a debt. It is a legal judgement that states that the person or company is liable to pay the debt and if they do not pay, they may be subject to further enforcement action. Many people do not realise they have a CCJ against them, and only become aware when they try to apply for a mortgage loan, credit card or anything else that involves credit.

A CCJ can be issued as a result of a lawsuit that has been filed by a creditor or a debt collection agency, following the failure of the debtor to pay a debt. Once the CCJ has been issued, it will be recorded on the debtor’s credit report for six years, and it can have a negative impact on their credit score and creditworthiness.

A CCJ can be enforced by the creditor, who can apply to the court for an enforcement order, which may include wage garnishment, attachment of goods, or a charging order on the debtor’s property.

It is important to note that debtor can dispute the judgement if they have a valid defense, and if they are able to pay the debt, they should do so as soon as possible to avoid additional interest and court costs. It’s advisable to seek legal advice if you have been served with a CCJ or if you have received notice of a CCJ against you.

CCJ removal

Having a CCJ on your file can have detrimental impacts to your life as it can negatively affect your credit rating, so it is important to have the judgment removed, set aside (if you have a valid defence to the claim), or varied if you can. It is important to apply for the order to have the CCJ set aside you must act promptly, ideally within 30 days of being notified. There are several ways to remove a County Court Judgment (CCJ) from your credit file:

  1. Satisfying the debt: The most straightforward way to remove a CCJ is to pay off the debt in full. Once the debt is paid, the creditor will notify the court and the CCJ will be marked as “satisfied” on your credit file.
  2. Setting the judgment aside: If the CCJ was obtained in error or through fraud, you can apply to set aside the CCJ. If the court grants your application to set aside the judgment, the CCJ will be removed from your credit file using an order to set aside the CCJ. Similarly, if a claim form was filled out incorrectly or sent to the wrong address for example, the judgement may be set aside.
  3. Applying for a “Notice of Disregard“: If you have paid off the debt or had the CCJ set aside, but the CCJ is still showing on your credit file, you can obtain a court order known as a “Notice of Disregard.” This is a court order that instructs credit reference agencies to remove the CCJ from your credit file.
  4. Waiting for the CCJ to expire: A CCJ will remain on your credit file for six years. If you are unable to have the CCJ removed before then, it will automatically expire and be removed from your credit file.

It’s important to note that removing a CCJ from your credit file does not erase the debt, it only removes the record of the court judgment. If you want to remove the CCJ, you should take action as soon as possible, as the longer a CCJ stays on your credit file, the more it will damage your credit score. It’s advisable to seek legal advice in order to understand your rights and options before taking any action.

Reasons for setting aside a CCJ

There are several reasons why a County Court Judgment (CCJ) may be set aside by the court. Some of the common reasons include:

  1. The judgment was obtained by fraud: If the judgment was obtained through fraudulent means, such as by providing false information to the court, it may be set aside.
  2. The judgment was given in default: If the debtor was not properly notified of the court action and did not have an opportunity to defend themselves, this will be known as a default judgment, and the judgment may be set aside. If a debtor did not know about a CCJ, there may be a delay in making the application to have the CCJ set aside or to respond to the claim.
  3. The debtor has a valid defense: If the debtor has a real prospect of successfully defending the claim, such as that the debt has already been paid or that the debt is statute-barred, the judgment may be set aside.
  4. The judgment is based on an error of fact or law: If the judgment is based on an error of fact or law, such as a mistake in the calculation of the debt, it may be set aside.
  5. The court did not have jurisdiction: If the court did not have the legal authority to hear the case, the judgment may be set aside.
  6. The judgment is oppressive or unjust: If the judgment is oppressive or unjust, such as the court not taking into account the debtor’s financial circumstances, it may be set aside.

It’s important to note that setting aside a CCJ is not an easy process and requires making an application to the court, providing evidence and it’s advisable to seek legal advice before making such an application.

How our panel of CCJ solicitors can assist

A CCJ removal solicitor from our panel can help in several ways:

1. Advising on the best course of action: A CCJ removal solicitor can advise the client on their CCJ removal services and the best course of action to take to remove the CCJ from their credit file, taking into account their specific circumstances and the merits of their case.

2. Assessing the validity of the CCJ: The solicitor can review the client’s case and assess the validity of the CCJ, identifying if there are any grounds to challenge it, such as if the judgment was obtained through fraud or if the court did not have jurisdiction.

3. Representing the client in court: The solicitor can represent the client in court, making the necessary applications and providing evidence to support the client’s case to have the CCJ set aside or to apply for a “Notice of Disregard”.

4. Negotiating with creditors: The solicitor can negotiate with the creditor on behalf of the client to try to reach a settlement that will satisfy the debt and lead to the removal of the CCJ from the client’s credit file.

5. Providing guidance on financial management: The solicitor can provide guidance on financial management to help the client avoid similar situations in the future and to help improve the credit score.

It’s worth noting that a CCJ removal solicitor can help the client navigate the legal process and increase the chances of success in removing the CCJ, but there are no guarantees of success and it’s important for the client to understand that the solicitor can only work with the information and evidence provided by the client.

Our fixed fee solicitors also help with commercial claims, such as breach of contract and shareholder disputes.

 

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Please note, we are not a firm of solicitors; however, we maintain a panel of trusted and regulated legal experts. If you contact us in relation to a commercial law case, we will pass your case onto a panel firm in return for a fee from our panel firms. We will never charge you for passing on your case to a panel firm. 

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