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I have
received notification of a County Court Judgment - what should
I do?
This is a common court procedure and
nothing to worry about too much. There are several things you
should do as soon as possible.
Firstly, check that the amount the
Judgment states that you owe is correct.
If you are in a position to pay the amount
in full then do so within one month otherwise
the CCJ will be registered with the Register of County Court
Judgments and credit reference agencies will note this on your file. This may make it
difficult for you to obtain credit in the future.
If you are unable to pay the amount in
full straight away but can do so at a later date, then when
you do pay it off, you should request the courts to note that
the Judgment has been satisfied . The CCJ
will remain on your file for six years whether it is satisfied
or not but potential lenders will be able to see that you have
paid the debt.
If you are unable to pay the amount
specified then you should ask the courts to "vary" the order
by completing a form N245 , obtainable from
the court. They will ask you to give information about your
regular income and expenditure (called a means enquiry). There is a £30 fee
(payable to the courts) for submitting this application.
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Amending an entry on the Register
of County Court Judgments
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.
The court must send
notification of cancellation to the Registry
Trust within three days of the date of the order. The entry
should be removed from the Register and from the credit
reference agencies' databases within three to four weeks.
If you show you have paid the
debt in full within one month of it being entered on the
Register, you can have the entry cancelled. Otherwise, once
the debt has been paid, you can apply to have the entry
amended to show the debt has been paid. This does not remove
the entry, it only marks it as paid or "satisfied". Whether or
not a Judgment has been paid it will remain on your file for
six years. After that time the records are deleted.
In England and Wales, a
Certificate of Satisfaction , stating that
the debt has been paid, can be obtained from the County Court
in which the case was heard. The fee is £10. If the debt was
not paid through the court, for example, it was paid direct to
the lender, the court will require evidence that the Judgment
has been satisfied , i.e. paid. The court
will need the case number of the action. The number and the
name of the court are shown on the Register of County Court
Judgments, under your name, and on your credit reference file.
The court will then issue a Certificate of Satisfaction to you
and automatically inform the Registry Trust that the debt has
been paid. There is no statutory time limit within which the
court must do this.
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For more information on Debt Management,
contact us on 0800 074 6918 or email us at: info@insolvencyhelpline.co.uk. |