November 25

How to remove a CCJ (County Court Judgment) registered against your credit file

How to remove a CCJ County Court Judgment registered against your credit file

You will have a CCJ (County Court Judgment) registered against your name when a judgment has been entered in default against you because you have failed to respond to a claim and a judgment made against you has been unpaid for a period more than 14 days from the date of the judgment. CCJs registered against your name will affect your credit rating and be registered against your credit file for at least 6 years. A poor credit rating will decrease your chances of obtaining a mortgage or any loans for any purpose. You can apply to have a CCJ registered against your name to be set aside and remove against your credit file. Our Litigation Solicitors and Barristers can help you get a CCJ registered against your credit file removed.

What is a CCJ (County Court Judgment)?

A CCJ (County Court Judgment) is a judgment made by the court in respect of a claim issued against you. The CCJ is usually entered against your name as a default judgment because you had not responded to a claim issued against you and in default, a judgment is entered against you. Other ways, a CCJ is entered is where a judgment is entered following a summary judgment application or full trial and the judgment has been left unpaid for a period of 14 days or more post judgment. The type of CCJ registered against your name will determine what action you can take to have it removed.

Which type of CCJ do you have?

The types of CCJ are as follows:

  • Judgment in Default: This CCJ is entered against your name where you have failed to file and serve an acknowledgment of service and/or defence within the specified period and as a result a default judgment is entered against you.
  • Summary Judgment: This CCJ is entered against your name following a summary judgment application whether the Court has considered your defence and has determined on a summary basis that your defence has no real prospect of success and there is no compelling reason why the claim should proceed to a full trial.
  • Full Judgment: This CCJ is entered against your name following a full trial whether the Court has heard the claim in full on its merits and considered both the documentary evidence and oral evidence given and entered judgment against you. The default rule is that where no period for payment of judgment is specified, it should be paid within 14 days, otherwise it will become an outstanding CCJ registered against your credit file.

If you are unsure which type of CCJ you have, you may want to speak to our expert litigation lawyers for legal advice.

How do you remove a CCJ registered against your credit file?

The method of removing a CCJ registered against your credit file will depend on which of the above types of CCJs you have. In order to remove a Default Judgment CCJ registered against your name, you will need to apply to the Court to set aside the Default Judgment CCJ. In order to remove a Summary Judgment CCJ or Full Judgment CCJ registered against your name, you will need to appeal against the Summary Judgment CCJ or Full Judgment CCJ.

How do you set aside a Default Judgment CCJ?

In order to set aside a Default Judgment CCJ, you will need to submit to the relevant County Court a proper completed application to set aside a Default Judgment CCJ with evidence in support showing how you satisfy the requirements for a Default Judgment CCJ to be set aside.

What are the requirements to set aside a Default Judgment?

The requirements to set aside a Default Judgment CCJ are found in Part 13 of the Civil Procedure Rules. The Court can set aside a Default Judgment CCJ on a mandatory basis if the claim form was not properly served or if the claim was satisfied or paid in full before judgment was entered. The Court can set aside a Default Judgment CCJ on a discretionary basis if you are able to show that you have real prospects of successfully defending the claim or there is some other good reason why judgment should be set aside and you should be allowed to defend the claim. You must also be able to show that you have acted promptly in making your application to set aside a Default CCJ.

As a Default Judgment CCJ has been entered as a result of an act or omission you may have done, you will also now have to show that the Court should grant you relief from sanctions and will apply the Denton criteria in Denton v TH White Ltd [2014] EWCA Civ 906, which are additional requirements you will need to satisfy to successfully set aside a Default Judgment CCJ.

It is strongly advised that you consult a Litigation Solicitor and Barrister to assess the merits of your application to set aside a Default Judgment CCJ and prepare a strong application to set aside a Default Judgment CCJ to ensure that the Default Judgment CCJ is successfully set aside.

What are the requirements to appeal a Summary Judgment or Full Judgment?

The requirements to appeal a Summary Judgment CCJ or Full Judgment CCJ are found in Part 52 of the Civil Procedure Rules. Unless some other specific period is mentioned, you will need to submit your appeal within 21 days of the judgment being made. You will first need to obtain permission to appeal before you can have a full appeal hearing. To obtain permission to appeal, you will need to show that your appeal has a real prospect of success and there is some compelling reason for the appeal to be heard. You will also need to obtain a transcript of the hearing when judgment was entered against you and give clear reasons as to why the judgment entered against you was wrong and why your appeal should be successful.

Make an application to remove a CCJ with OneLaw Chambers

At OneLaw Chambers, our Litigation Solicitors and Barristers regularly assist with setting aside Default Judgment CCJs and appealing Summary Judgment CCJs or Full Judgment CCJs. We have assisted many clients to prepare and submit successful applications to set aside default judgments and appeal summary judgment or full judgment. We are well equipped to advise, prepare and submit your application to remove a CCJ registered against your credit file.

Whether you require expert advice on the requirements of the Civil Procedure Rules, an independent litigation assessment of your prospects of removing a CCJ or professional litigation representation with preparing your application to remove a CCJ, our Litigation Solicitors and Barristers can help you.

We are committed to ensuring that our Litigation Solicitors and Barristers prepare every application to remove a CCJ with utmost quality and skill so that a successful outcome is achieved every time. Our Litigation Solicitors and Barristers operate in a friendly and cooperative manner to provide our clients with the best client care and service during the entire application process and provide successful court representation. Submit our Contact Form or contact us by phone or email to find out how we can help you with your application to remove a CCJ.


Tags

Court Representation, Remove a CCJ, Setting Aside Default Judgment


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