How You Can Remove A CCJ And Repair Your Credit History
Remove CCJ's Legally
When a person is unable to pay his creditors, a civil case can be brought to the County Court in England and Wales, or the Sheriff Court in Scotland. The court can make a judgment (or a decree in Scotland) against the debtor that then remains in force until such a time as the debt is paid or 6 years have expired..
Although having a CCJ on record will not rule out the ability somebody to get credit, they have to be considered in the context of the application as a whole and will flag up the borrower as a high risk. The lender may view the individual in this case as someone who has been unable or unprepared to meet obligations in the past and therefore that they represent to high a risk at present.
Most CCJ's are the result of court summons which has bee ignored or just gone uncontested.. This quite often happens as people are lar.gely ignorant of the court proceedures.
The Central Registry (Registry Trust) will pass information the information regarding the CCJ to the credit reference agencies such as equifax and experian. Debts to a creditor can be paid in full even after judgement has been granted; however the CCJ will stay on file for a full 6 year term unless they are paid in full and a satisfaction certificate issued within 28 days of the date of the judgementate. If a CCJ is set aside or reversed (This can take place by appeal or settling the outstanding arrears within one month), the courts will automatically remove the entry from the Register of County Court Judgments.
The details below are required to process application for the removal of a CCJ:
1. The name of the creditor. Also known as the plaintiff
2. The Case Number. This is needed for the court to identify the case and the original submissions.
3. The original court summons.
4. The name of the Court in which the original hearing took place.
Having a CCJ Removed
Initially you will be required to get an up to date copy of your credit file. This copy can be requested either by post or by the internet, or by written request from one or more of the major credit reference agencies such as Experian or Equifax.
Next you will need to aquire all the information about the CCJ or CCJ's that have been registered against you. The majority of this will be in your credit file.
What should you do if feel that you have had accj unfairly or incorrectly issued against you?
A form N244 can be requested from the County Court, or downloaded from the internet free of charge. The forn N244 is completed to ask for removal of either an unfair or incorrectly registered CCJ to the Courts. The form must be filled in giving all the details of the judgement, with an legal explanation why you think the court should ste the judgment aside.
Here are some of the more common reasons for why a CCJ could be requested to beset aside:
1. A full 28 days notice period was not given to pay the outstanding debt at the time of the judgement.
2. An incorrect or old l address was used to post either the summons or the notice of the judgement to.
3. The summons was nt delivered or received
4. The CCJ was still registered to your credit file even though it was settled within 28 days
5. 21 days or 3 weeks was not given to reply to the court, due to a late delivery or notification of the summons.
6. Your name was incorrectly used by someone else to get credit, resulting in a CCJ against you
7. Settlements was made with the plaintiff outside of court , resulting in all due payments being made
8. If for any reason you did not get any notification of the judgement that was made against you, then you have a right to appeal.
9. If you were unable to attend the court on the due date due to other pressing circumstances
10. If the summons was taken out against yourself and some other party jointly and only one of you got summons
It is important to to mention that even if you do have CCJ's registered against you, it will not necessarily stop you being able to raise a loan or mortgage. Today lenders have changed their lending criteria to cater for demand, however the credit crunch has recently seen some tightening of criteria. For this reason there aresome very specialist financial products on the mortgage market, such as no CCJ remortgages and loans, for which higher interest rates are charged to represent the higher risk.These products will cater for you have up to two or in some cases up to 6recent CCJ's, CCJ's over 2 years old will largely be ignored..
Geoff Hibbert Is owner of