In this comprehensive guide, we explore the often-asked question: how to set aside a CCJ. Facing a County Court Judgment can be daunting, but there is a beacon of hope. This article delves into the possibility of overturning one and other valuable information.

So stay tuned…

Table of Contents

1. What is a County Court Judgment (CCJ)?
2. The Weight of a CCJ
3. Can a CCJ be Set Aside?
4. How to Set Aside a CCJ?
5. Additional Advice and Guidance
6. Conclusion
7. Key Points
8. FAQs

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What is a County Court Judgment (CCJ)?

A CCJ is more than just a legal term. It is a decision made by a County Court in England or Wales. It usually arises when someone fails to repay a debt. It’s a formal recognition that you owe money to someone else, typically a lender.

The court’s involvement adds a level of seriousness to the debt issue, elevating it from a personal or business dispute to a legal obligation. If you still refuse to pay, the lender can request to recover the money through bailiffs.

Initial Claim: It starts with the creditor making a claim against you for the unpaid debt.
Court Review: The court then reviews this claim.
Issuance of Judgment: If the court finds the claim valid, it issues a CCJ against you.

The impact of a CCJ extends beyond the immediate requirement to pay a debt. It’s like a shadow cast over your financial reputation. Consider these effects:

Credit Score:
A CCJ can significantly lower your credit score. This is because it is recorded in the public register. Thereafter, credit report agencies use this register to update your file.
Having a CCJ in your credit report will make it difficult to borrow money in the future, as lenders will be hesitant due to your score.
But you can avoid this from happening if you simply pay the debt within one month of receiving the judgement.
Loan and Mortgage Difficulty: Obtaining loans or mortgages becomes harder with a CCJ on your record.
Public Record: CCJs are public, meaning anyone can see that you’ve been subject to one.

A default judgement is when you ignore a notice from the lender stating that they are taking you to court. Many debtors assume that if they ignore the notices, the issue will go away. But this is a very dangerous assumption to make as it is not the case.

So, in a situation like this, the court will automatically issue a CCJ against you. So, this means you don’t get the opportunity to defend your case. Sometimes, this also happens if the debtor isn’t aware of the claim and they’re unable to make a defence. This is why wanting to make an application to set aside a default CCJ is very challenging.

The Weight of a CCJ

Having a CCJ can be very challenging, especially when it comes to borrowing money or even getting a mortgage. But what if you could lighten that load? This is where ‘setting aside a CCJ’ becomes a beacon of hope.

’Setting aside a CCJ’ might sound technical, but it’s actually your legal lifeline. It’s a procedure where you can challenge the CCJ in court. Think of it like asking for a redo, where you get another chance to present your case or rectify an error.

You can request to set aside a CCJ due to:

Incorrect Judgement: Perhaps the judgement was made in error.
Lack of Awareness: Maybe you weren’t informed about the court proceedings.
Repayment: You might have already paid the debt, but it wasn’t acknowledged.

Need more help?

There are a number of alternative debt solutions available in the UK that you could use to write off some of your priority debts that may have piled up due to financial struggles. But keep in mind that choosing the right solution will aid you in writing off some of your debt, while choosing the wrong one will worsen your debt situation.

Here, the key is to determine what debt solution suits your personal financial situation in the best way possible. Fill out below online form to find a reliable solution to your debt issue using the help of our professional MoneyAdvisor team member.

Can a CCJ be Set Aside?

Yes, a CCJ can indeed be set aside, but the path to doing so is layered with challenges and important steps. Let’s dive into understand how a CCJ, which can feel like an unmovable obstacle, can actually be challenged and potentially overturned.

Setting aside a CCJ means that the case will be evaluated again. For this process, providing proper reasons in the application is crucial. Note that it’s important that you don’t get this confused with getting a CCJ removed from the credit report. It is something that only happens after six years.

The best way to get a CCJ set aside is to prove that you didn’t receive a notice regarding the claim before the date of the proceedings. There’s a high chance of getting it set aside if the claimant fails to provide notice of the court proceedings.

Sometimes, this happens because it was sent to the wrong address, as you may have already moved addresses during that time period.

However, in order to avoid delaying tactics and to save on court resources, it’s important to have a real prospect of successfully defending the claim. The judgement will not be set aside if the court does not find that the reasons are valid.

Another valid reason to get a CCJ set aside is if the claimant has not followed the proper process. Such as, they may have not informed you of the arrears using the correct modes of communication. Thus, due to this, you were unable to make the payment on time before court action.

Also, if you can prove that the debt is statute-barred, this too is a valid method to get the CCJ set aside. If the case was already unenforceable by the time the claim was made, it should not have reached the courts. So, you were not supposed to be issued an order to pay.

In order to apply to have CCJ set aside, a few things you should do:

Gathering Evidence: You need to collect all relevant documents and proof to support your claim.
Legal Guidance: Consulting with a legal expert can provide clarity and direction.
Filing a Request: Submitting a formal application to the court is the first official step in this process.

The journey of setting aside a CCJ is not just a legal challenge; it’s a personal one. Each step you take brings you closer to potentially rectifying a situation that could have lasting impacts on your life.

How to Set Aside a CCJ?

Completing the N244 form is the first step to setting aside a CCJ. Navigating through this form can be daunting, but with the N244 guidance notes, you are equipped with the necessary information to accurately complete it.

The form requires you to articulate your reasons for the application clearly and compellingly. It’s your opportunity to lay the foundation of your argument.

So, if you need help filling the form, the UK.GOV website consists of guidance notes. You can also consider contacting a debt charity as they offer free advice.

The effectiveness of your application largely depends on the strength of your argument. Here, you must elucidate why the CCJ should be set aside. Whether it’s a case of not receiving the initial claim or an error in the judgement, your reasoning needs to be robust and persuasive.

This step is akin to piecing together a puzzle – each piece representing a valid point that collectively forms a strong case.

Note that for the application, you should pay a fee of £275. But for those that are eligible, there is financial assistance available. Simply visit the government website for information regarding this.

Once the form is completed, it must be submitted to the relevant court. Also, make sure to have multiple copies. This step is critical as it officially starts the process of setting aside the CCJ. It’s crucial to inform the claimant of your action, ensuring that all parties are aware of the proceedings.

The hearing is where your case is reviewed. It’s a less formal setting than a typical court trial, but its importance cannot be overstated. Here, you have the chance to present your argument and persuade the judge. It’s your moment to make your case and potentially change the course of the judgement.

So, in order to set aside a judgement there will be a new court hearing. For this process, a judge and a regulated solicitor working for the claimant will be present. When deciding on the outcome, the judge will remain impartial and decide on the outcome.

You also have the option to reach out to a solicitor to represent you but note that this is not compulsory. If the hearing is successful, the judgement will be set aside, and you will get another chance to defend yourself in court.

The duration of the process to set aside a CCJ can vary. Sometimes it takes a long time if the case is complicated or there have been other disruptions. But patience is key. If successful, the judgement is set aside, and you’re granted a fresh opportunity to present your defence. It’s like turning back the clock and getting a new start in defending your case.

Additional Advice and Guidance

Note that clearing your debts and staying on track with them is crucial to avoid a CCJ. But if you’re struggling to pay off the debt, feel free to reach out to a debt charity for advice. Some debt charities you contact in the UK include:

National Debtline
Citizens Advice
StepChange

Alternatively, feel free to fill out our online form and our MoneyAdvisor team will guide you.

Conclusion

In conclusion, the journey to set aside a CCJ is one filled with legal intricacies and procedural nuances. From understanding what a CCJ is, to exploring the possibility of setting it aside, and navigating through the application process, each step is vital.

Armed with the right information and guidance, setting aside a CCJ becomes a feasible path to rectifying a judgement and reclaiming your financial stability.

Key Points

A County Court Judgment (CCJ) can be set aside, offering individuals a chance to challenge and potentially overturn the judgement.
Grounds for Setting Aside a CCJ:
Lack of Notification: A CCJ may be set aside if the individual was not properly informed about the court proceedings.
Evidence of Payment: Demonstrating that the debt was already paid can be a valid reason for setting aside the judgement.
Procedural Errors: Mistakes in the court’s handling of the case can be grounds for an appeal to set aside a CCJ.
The Process as a Path to Justice: Setting aside a CCJ is depicted as a journey towards rectifying an unjust situation, requiring careful consideration and preparation.
Steps Involved in Setting Aside a CCJ:
1. Gathering Evidence: Collecting all relevant documentation and proof to support the claim for setting aside the CCJ.
2. Seeking Legal Advice: Consulting with legal experts for guidance and clarity on the process.
3. Filing a Formal Request: Submitting an application to the court to initiate the process of setting aside the CCJ.
4. The process is presented as both a legal and personal challenge, emphasising the importance of resilience and determination in overcoming legal obstacles.
5. The necessity of preparing a strong and convincing application for setting aside a CCJ to ensure the best chance of success.

FAQs