CCJ Removal Solicitors - Our Panel of 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. Arrange a consultationWhat is a County Court Judgment (CCJ)?
A CCJ 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 claimant, 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 claim 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 judgment if they have a valid defence, and if they are able to pay the money that they have claimed, they should do so as soon as possible to avoid additional interest and court costs. It is advisable to seek legal advice if you have been served with a CCJ or if you have received notice of a CCJ against you.
The CCJ removal process
Having a CCJ on your file can have detrimental impacts on 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. There are several ways to remove a CCJ from your credit file:
- 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.
- Setting the judgment aside: If the CCJ is entered through error or fraud, you can apply to obtain a court order 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, the judgement may be set aside. Court fees may be included.
- 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.
- 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 is important to note that removing a CCJ from your credit file does not erase the debt you have not paid; 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 is 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:
- 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.
- 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.
- The debtor has a valid defence: 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.
- 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.
- 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 is important to note that setting aside a CCJ is not an easy process and requires making an application to the court. Therefore, it is advisable to act promptly and seek legal advice before making such an application.
How our panel of CCJ solicitors can assist
Our team take the stress out of finding you a solicitor to assist with your CCJ removal. We have assisted many individuals in finding the right CCJ removal solicitors for their cases. Our panel firms provide cost effective CCJ removal services in a timely manner.
We are not a firm of solicitors. We have a panel of CCJ removal solicitors who are authorised and regulated by the Solicitors Regulation Authority. If you contact us in relation to a commercial law case, we will pass your case on to a panel law firm.
Our fixed fee solicitors also help with commercial claims, such as breach of contract and shareholder disputes.
Get in touch today to speak to a CCJ removal solicitor from our panel. You can contact us by filling out the online enquiry form below.
Schedule Your Free Consultation
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.