Credit Reports: CCJ Removal
An explaination of the process to follow for the removal of CCJ's and Default Notices from your credit file.
article keywords: CJJ removal, N244, unfair CCJ, incorrect CCJ, set aside.
By "Removing a CCJ", we mean notifying credit reference agencies that the terms of the CCJ have been satisfied and that payments are no longer outstanding, or that the CCJ has been removed on appeal. What you can't do is magically remove correct information about CCJs. They will remain no your credit record for 6 years as will any other information about your credit activities.
As soon as a CCJ is made, it is usually entered in the Register of Judgments, Orders and Fines. A credit reference agency will hold details of your CCJ, taken from the Register of Judgments, Orders and Fines. This may be the reason why credit was refused.
Many County Court Judgements are the result of an undefended summons. Often because the defendant is unaware of the response needed, and does nothing, so the court enters a 'Judgement by Default'.
A debt can be paid off but the judgement stays on record because no one asked for it to be 'set aside', meaning noted as being satisfied, simply because they did not know that it was necessary.
If a Judgment is set aside or reversed, for example, on appeal or because it has been paid within one month, the court will automatically remove the entry from the Register of County Court Judgments.
In order to process the removal of a CCJ you need the following details:
- The original summons.
- The name of the plaintiff. (The one who took out the summons)
- The name of the court
- The Case Number - Without the case number the courts will not even read an application. If you do not have this, then contact the central registry and ask for details of the judgement and case number. This will cost around £15, paid to the registry
Contact info:
Registry of Court Judgements
Tel: 020 7380 0133
Getting a CCJ removed
1. Get a current copy of your credit record
Write to the credit agencies asking for a copy of your credit file. Information on how to do this can be found on our article on Credit Reports, Credit Files and Credit Blacklists
2. Find out details for a judgements against you.
When the credit reference agencies reply, note the county court judgements against you and using the sample letter below, ask for the court to send you all of the details they have against you for each judgement.
| Example letter County Court asking about information on judgements |
| A.N. Other Your Address |
|
The Clerk of the Court Today's Date Dear Sir/Madam Could you please send me all of the information on the judgements that were made against me in your county court. The judgements are as follows;
2. Case No. ABC544324 Date: 25th April 2006
Yours faithfully |
3. Request removal of unfair/incorrect judgements.
Some judgement(s) may heve been unfairly or incorrectly awarded against you. An N244 form is used to request to a court to remove these. Forms are available free of charge from the courts, or you may download a N244 form here. Complete the N244 giving details relating to your county court judgement and give a reason for having the judgement set aside. Possible valid reasons to have a CJJ set aside are:-
- Fraud and Identity theft. Somebody used your name or address to obtain credit, which resulted in a County Court judgement without you knowing.
- Not given 28 days notice to pay.
- Incorrect address when the summons and judgement took place.
- Summons not received, not sent by recorded mail.
- Unable to attend court and defend yourself.
- The judgement should not appear on the credit files if it debt was settled within 28 days.
- In case of agreement to settle 'out of court' with the plaintiff, you should not have received a Judgement.
- If you did not receive any notification of the judgement/s made against you, then you can appeal.
- Acceptance of full amount of the judgement at the time, but now only agree partially
- Summons taken out against both yourself and another person jointly one only one party received summons
- Inavailability /out of the country, etc between the issue of the summons and entry of the judgement.
- Summons received late, so not given 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been made.
4. Write to Finance companies
If there are outstanding defaults, make sure the know the terms and conditions required for full settlement, else ask the finance company to confirm in writing the debt in now cleared.
| Example Letter to a Finance Company asking for settlement information on default notices, etc |
| A.N. Other Your Address |
|
Finance Company Name Today's Date Dear Sir/Madam RE: account number/reference: ABC123456. If this debt has now been repaid or settled could you please write and confirm this so that I can clear my name with the credit reference agency. If the debt has not been settled could you please write and give me the details of what you would require to settle the outstanding amount. |
Informing the Credit Reference Agencies
Once the Finnance company have agreed to have the CCJ removed, you must inform the credit agency.
| Sample letter to Credit Reference agent asking for CJJs & defaults to be removed from your file |
| A.N. Other Your Address |
|
Credit Agency Name (eg Experian, Equifax) I have enclosed confirmation from the county court that the enclosed judgement has been set aside. Could you please remove this county court judgement from my file. I also enclose a letter from Finance Company name stating that the loan from them has now been repaid in full and that they are prepared to have the default in my file removed. Could you please also remove this. As soon as you have carried out the above, can you please confirm.
|
Your file should now be clear. You should wait about 1 month before writing to the credit reference agency again sending and asking them for an update of your file, which by this time should be clear.
The CCJ will remain on your file for 6 years but potential lenders will be able to see that you have paid the debt.
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This material is for general information and only constitutes advice in the broadest of terms. You should not rely on this information to make any decisions. Call our advisors on 0800 043 2444 for professional advice for your own particular situation.