hen a person is unable is not aware of the correct
to pay his creditors, a course of action needed to
civil case can be brought resolve the situation. In this
to the County Court in England way, the court will enter a
and Wales, or the Sheriff Court judgment by default.
in Scotland. The court can make a
judgment (or a decree in The Central Registry will then
Scotland) against the debtor that pass the information about the
then remains in force until such CCJ to the credit reference
a time as the debt is paid. agencies. Debts to a specific
creditor can be paid in full;
Although having a CCJ(s) on however the CCJ will stay on
record will not rule out the file. This is partly because a
ability for an individual to get request for the removal of the
credit, they have to be CCJ has never been issued. Simply
considered in the context of the because whoever received the
application as a whole. The judgment did not know that it was
lender may view the individual in necessary.
this case as someone who has been
unable or unprepared to meet If a CCJ is set aside or reversed
obligations in the past and (This can take place by appeal or
therefore this may reflect there settling the outstanding arrears
ability or intention to do so in within one month), the courts
the future. For this reason the will automatically remove the
importance of removing a CCJ is entry from the Register of County
evident. Court Judgments.
Most CCJs are the result of an The details below are required to
undefended court summons. This process the removal of a CCJ:
can often happen as the defendant
# The name of the plaintiff. This all of the details they have
will usually be the creditor against you regarding your CCJ.
# The Case Number. This is needed What should I do if I have been
in every instance as without the unfairly or incorrectly issued
case number the court will not with a CCJ?
even consider an application.
A form known as the ‘N244’ may be
# The original summons. requested from the County Court,
free of charge. The N244 form is
# The name of the Court. filled out to request the removal
of an unfair or incorrect CCJ to
Getting a CCJ Removed the Courts. This form must be
completed giving all the details
Firstly, you will need to obtain relating the CCJ, with an
a current copy of your credit explanation why the judgment
file. This copy can be requested should be set aside.
via the internet, or by written
request from one of the credit Here are some common reasons for
reference agencies – usually why a CCJ should be set aside:
Experian or Equifax.
# The full 28 days notice was not
Secondly, obtain all the given to pay the outstanding
information about the CCJ that debt.
has been issued against you. As
mentioned, this will be obtained # An incorrect postal address was
from your credit file. used when the summons and
judgement took place
The next step is to write a
letter asking the court to send # The summons was never received
# The issued CCJ still appeared # Summons taken out against both
on the credit file even though yourself and another person
all arrears were settled within jointly and only one party
28 days received summons
# 21 days was not provided to It is important to remember even
reply to the court, due to a late if you do have one or two CCJs,
summons. it will not stop you being able
to get a loan or mortgage. In
# Your name was used by another today’s society, lenders have had
to gain credit, resulting in a to change their lending criteria
CCJ in order to fit in with demand.
For this reason there are a
# Out of court settlements with number of specialist finance
the plaintiff, resulting in all products on the market, such as
arrears paid no credit check loans and a CCJ
remortgage. These products allow
# If you did not receive any you to have up to two recent
notification of the judgement/s CCJs, the rate of interest you
made against you, then you can pay will be slightly higher than
appeal. that of a standard loan or
mortgage.
# Unable to attend court, due to
other circumstances
About the Author:
Chris Copper Jnr writes on all areas of personal and commercial finance. He works for Adderson & Co. who offer No Credit Credit Loans and the CCJ Remortgage.
Read more articles by:
Chris Copper Jnr
Article Source: www.iSnare.com 
