A County Court Judgment (CCJ) is a legal decision issued by a county court. It orders an individual or a business to repay money owed to a lender or bank. Understanding CCJs is important because they stay on your credit file for up to six years. This can make it harder to access credit and financial products.
This article explains what CCJs are, how they affect your credit score, and what to do about them to avoid further problems. We’ll also look at CCJs in different money situations and answer key questions about county court judgments.
Key takeaways:
- A CCJ is a court order given by a county court that requires an individual or business to repay money owed to a specific lender or bank.
- A county court claim form is sent to the recipient, giving them the chance to admit and repay or dispute the debt.
- CCJs remain on your credit report for up to six years, affecting your ability to get loans and other financial services.
- Understanding the implications of CCJs on your credit score and finances is very important.
Table of Contents
What is a CCJ (County Court Judgment)?
When a creditor (such as a lender or bank) takes a debtor (the individual or entity who owes the money) to court to recover money owed, the court may issue a court order. These are known as County Court Judgments (CCJ). This is a legal decision that confirms the debt is owed. It sets out the amount the debtor must pay, along with a deadline for payment.
A county court judgment (CCJ) is part of the debt collection process that creditors use when other methods have failed. The court order formally recognises that you owe money and establishes payment terms.
If the debtor fails to repay the money owed by the deadline set out in the court order, the creditor may pursue enforcement action to try to recover the debt. This may include bailiffs visiting the debtor or taking money from the debtor’s bank account.
How the CCJ process works
The CCJ process typically follows these steps:
- Initial claim: The creditor files a claim form with the county court, which is then sent to you.
- Response period: You have 14 days to respond to the claim form. You can:
- Pay the full amount
- Admit the debt and offer a payment plan
- Dispute all or part of the claim
- Judgment: If you don’t respond, or if you admit the debt, the court will issue a county court judgment (CCJ) against you.
- Payment: The CCJ will specify how much you owe and how to pay (either in full or through monthly payments based on what you can afford).
- Registration: The CCJ is recorded on the Register of Judgments, Orders and Fines and is reported to credit reference agencies.
If you receive a county court claim form, it’s crucial to respond within the timeframe, even if you dispute the debt. Ignoring it will almost certainly result in a CCJ being issued against you by default.
The Register of Judgments, Orders and Fines
All CCJs are recorded on the public Register of Judgments, Orders and Fines. This register is maintained by the Registry Trust and is checked by lenders and credit reference agencies when assessing creditworthiness.
The register includes:
- The date of the judgment
- The case number and court location
- The amount owed
- Your name and address
- Whether the judgment has been satisfied (paid in full)
CCJs stay on this register for 6 years unless you pay the full amount within one calendar month of the judgment date. In that case, the entry can be removed completely. If you pay after one month, the entry remains but is marked as “satisfied.”
Impact of CCJs on your credit ratings
A County Court Judgment (CCJ) can have a significant impact on your credit rating. When a CCJ is issued against you, it becomes part of your credit history. It can affect your ability to access credit and financial services. Here’s how CCJs can impact your credit ratings:
1. Credit score decrease
A CCJ will probably make your credit score go down. Lenders and credit agencies use these scores to decide if they should lend you money. With a lower score, you’ll find it harder to get loans, credit cards, and other credit.
Companies like Experian, Equifax, and TransUnion put CCJs on your credit file. They stay there for six years. This bad mark can really hurt your overall credit rating.
2. Difficulty obtaining credit
Lenders may see you as a high-risk borrower if you have a CCJ on your record. This may lead to rejections or less favourable terms, such as higher interest rates or lower credit limits. Many lenders automatically reject applications from individuals with CCJs.
3. Limited access to financial services
Some banks and lenders might not want to give you services if you have a CCJ. You could find it hard to get overdrafts, mortgages, short term loans, or even open a bank account. This can really limit your money choices.
4. Higher borrowing costs
If you do get approved for a loan with a CCJ, you’ll likely pay more interest. Lenders often charge higher rates because they think lending to someone with a CCJ is risky.
5. Existing credit agreements may be affected
Credit card companies may lower your limit or cancel your card after a CCJ. Mortgage lenders might raise your interest rate or reduce how much they will lend based on your changed credit rating.
To mitigate the impact of a CCJ on your credit rating, it’s important to address the situation promptly. If you pay the debt within one month of the judgment, the CCJ will be removed from your credit report entirely. If paid later, it will be marked as “satisfied” on your credit report, which can be less damaging than an outstanding CCJ.
It’s also crucial to keep up with your other financial obligations and demonstrate responsible financial behaviour to gradually rebuild your creditworthiness over time.
Dealing with a CCJ and avoiding enforcement action
If you receive a County Court Judgment (CCJ), it’s essential to take action to avoid enforcement action. The judgment will state the amount of money you owe and the deadline for payment. Here’s what you should do:
1. Make sure the information on the CCJ is correct
Check that your CCJ details are correct. Verify your name, address, the amount claimed, and other information. If there are errors, contact the court immediately to have them corrected. Mistakes can delay the process and add costs.
If you believe the judgment shouldn’t have been made at all (perhaps you never received the original claim form), you can apply to have the CCJ set aside. This requires completing a form number N244 and paying a court fee.
2. Repay the money you owe
To avoid enforcement action, it’s crucial to pay the money owed by the deadline stated on the CCJ. You have several options:
- Pay in full immediately: This is the best option if you can afford it, especially if you can pay within one calendar month of the judgment date.
- Negotiate a payment plan: If you can’t pay the full amount at once, contact the creditor to arrange monthly payments based on what you can afford.
- Apply to change payment terms: If you can’t afford the payment terms set by the court, you can apply to have them changed.
If you have fully paid the CCJ more than a calendar month after the judgment date, you can apply to have it shown as satisfied by providing the court with proof of payment. This typically requires submitting an application and paying a small fee.
Remember, failure to comply with the payment deadline will result in further action from the creditor.
3. Avoid court action
If you get a CCJ and can’t pay the debt, you have options. You can ask for more time to pay or tell the court what you can afford each month based on your money and situation. You can also stop more court problems by working out a deal with the creditor or getting free help from places like Citizens Advice.
Remember, if you don’t respond or make payment, creditors can take enforcement action to recover the debt. This can include:
- A bailiff can seize your goods with a warrant of control
- Freezing bank accounts or seizing money from your bank account
- Obtaining a charging order on your property
- Ordering deductions from your wages or benefits
To avoid these measures, it’s essential to respond to the CCJ and take action to repay the debt. However, ignoring the judgment will only make the situation worse, and further charges may apply.
CCJs and specific financial situations
Having a County Court Judgment (CCJ) can have a significant impact on your financial situation. Several specific scenarios that can arise. Here are some of the most common situations where a CCJ can become a problem:
1. Bank account attachment order
If you owe money to a creditor and they have obtained a CCJ against you. They may apply for a bank account attachment order. This allows the creditor to take money directly from your bank account to repay your debt.
The court can order your bank to:
- Freeze your account
- Set aside a certain amount of money that you can’t access
- Pay funds directly to the creditor
There are rules in place to protect a minimum amount of money in your account for essential living expenses.
2. If you owe money to local councils
Unpaid council tax is a common reason for CCJs in England and Northern Ireland. If you owe money to your local council, they may take court action to recover the debt. This can lead to a CCJ being issued against you, which can also lead to debt enforcement action.
It’s important to act quickly if you receive a letter from your council about unpaid taxes or bills. Contact your local council and set up a payment plan to avoid legal action. Many councils are willing to work with residents facing financial difficulties.
3. Debt collection letters and letters of claim
Once a CCJ has been issued against you, you may receive further debt collection letters demanding payment. This is part of the debt collection process. It’s essential to respond to these letters and inform the creditor that you have received a CCJ.
You may also receive a letter of claim before a CCJ is issue. It will outline the debt and gives you a final opportunity to settle before court proceedings begin. It’s crucial to respond to this letter within the timeframe specified (usually 30 days).
Remember, ignoring a CCJ or debt collection letters can lead to further enforcement action. Including bailiffs and attachment of earnings orders. It’s crucial to take action and address the debt as soon as possible.
CCJs in England, Wales, and Northern Ireland
The CCJ system applies to England, Wales, and Northern Ireland. There are some differences in how the process works in each jurisdiction.
In Northern Ireland, for example, the judgments are often referred to as “money judgments” rather than CCJs. They work in a similar way. In England and Wales, CCJs are recorded in the Registry of Judgments, Orders and Fines.
Scotland has a different legal system and uses a process called “Sheriff Court Decrees” rather than CCJs. These work in a similar way but follow different procedures and timeframes.
Is a CCJ a criminal offence?
No, a CCJ is not a criminal offence. It’s a civil matter, not a criminal one. CCJs deal with money owed between individuals or businesses and don’t result in a criminal record.
A county court judgment is simply a way for creditors to legally establish that you owe them money. While there can be serious financial consequences for having a CCJ, it doesn’t make you a criminal, and you won’t receive a criminal conviction as a result.
However, it’s worth noting that some debts that might lead to CCJs could be related to criminal matters. For example, unpaid fines from criminal proceedings could eventually lead to civil recovery action.
Can I go to jail for a CCJ?
No, you cannot go to jail simply for having a CCJ or for being unable to pay a debt covered by a CCJ. In the UK, there is no imprisonment for debt except in very specific circumstances, such as:
- Refusal to pay certain court-ordered fines
- Wilful refusal to pay when you clearly have the means to do so
- Fraud related to the debt
If you genuinely cannot afford to pay, the court will typically try to establish a payment plan based on what you can afford. However, it’s important to engage with the process and respond to court orders. Ignoring court orders entirely could potentially lead to contempt of court charges, which in rare cases could include imprisonment.
Always respond to court papers and attend hearings if required, even if you cannot pay the debt.
Does a CCJ ever go away?
Yes, a CCJ does eventually go away from your credit file. A CCJ stays on your credit report for six years from the date of judgment, after which it is automatically removed, even if you haven’t paid the debt in full.
How to Handle a CCJ
Ways to Deal with a CCJ Sooner:
- Pay within one month: Pay everything you owe within one month after the judgment date. Then you can ask to have the CCJ taken off the Register and your credit file completely.
- Pay after one month: If you pay in full but after a month has passed, your CCJ will be marked as “satisfied” on the register and credit report. It will still stay for six years, but lenders will see you’ve paid it.
- Set aside the judgment: In some cases, you can ask to cancel the CCJ if you have a good reason why you didn’t answer the original claim, or if you could win if you fought the claim.
A CCJ is removed from your credit file after six years, even if you have not paid it. During those 6 years, the creditor and court can still take action against you.
Final Words
A County Court Judgment is serious and can harm your credit score and money situation. If you get a court claim form, answer quickly and get help if you’re not sure what to do. Ignoring the claim can lead to a CCJ against you. If you get a CCJ, take steps to stop bailiffs or wage garnishment. You might work out a payment plan or try to set aside the judgment if you have good reasons.
A CCJ stays on your credit file for up to six years, making it harder to get loans during this time. Paying in full can help reduce the damage, especially if you pay within a month of the judgment. Dealing with a CCJ can be scary, but with the right steps, you can lower the impact on your finances and credit score.
Disclaimer: The information given above is provided for information purposes only. This is not financial advice.