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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I have a CCJ against my name. The amount has been fully

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I have a CCJ against my name. The amount has been fully settled since 2017 but unfortunately, it is still showing as active on my credit file. What can I do?
JA: Where are you? It matters because laws vary by location.
Customer: North London
JA: What steps have you taken so far?
Customer: I have a CCJ against my name. The amount has been fully settled since 2017 but unfortunately, it is still showing as active on my credit file. What can I do?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That is all

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

You either need the agreement of the person/company who won and obtained the CCJ to have it set aside. Or if they refuse/do not reply to your request - you need to make a formal application to the court to have it set aside.
Just because you pay a sum owed under a CCJ off doesn't mean it will be set aside though so please bear this in mind. It may show as "settled" on your credit record if you have paid it off but it does last for 6 years form the date the CCJ was made by the court. After that it comes off.
If you are saying you have a good reason to set it aside (e.g. you were sued but you never received court documents) then you either need the agreement from the other party to set it aside or you will need to apply to the court.

Furthermore, only a District Judge can make an order to remove the CCJ, which means you must make an application to the court. Unless the claimant agrees to your proposal to remove it, in which case a simple consent order can be drafted and filed with the court for a lesser fee (£100). If the claimant agrees then you can use the attached consent order - they sign it, as do you - they should then file it with the court.

If the claimant refuses and if you do have to make a formal application, the judge will consider CPR rule 13.3 in deciding whether or not to set it aside, here is the link to show you the criteria : https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.3

I need to stress this - you should not apply to the court to set it aside unless there is a very good reason to do so. As I mentioned, simply paying it off is not a good enough reason.

To set aside the CCJ you need the N244 form and a witness statement with a draft order. The N244 form can also be found here:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953577/n244-eng.pdf

I attach copies of those which you can tailor to your specific case. With the witness statement, if you want to refer to any evidence such as email correspondence, letters and so on, you can do that and attach them to the statement.

To fill out the N244 form, it should be as follows :

Q1: your name, Q2: defendant, Q3: an order that the CCJ dated......is set aside because (insert a brief reason why). Q4: yes, Q5: at a hearing, Q6: 45 mins, Q7: N/A, Q8: district judge, Q9: Claimant, Q10: the attached witness statement, Q11: sign/date/insert your details.

You will need 3 copies of the bundle (N244, statement, draft order) and a covering letter to the court with a fee of £255 payable to HMCTS. If you are on low income or have low savings (or in receipt of benefits) you can ask the court for a fee exemption – you can check your eligibility here: http://www.gov.uk/get-help-with-court-fees

You can specify a telephone hearing and you ask the judge for an order that the CCJ is set aside. Assuming they agree to that, it comes off the credit record and you will be allowed to either defend the claim if the debt is disputed or alternatively pay what you owe and there would be no mark on the credit record.

If you have not received any court details (you need the claim number for the purpose of the N244) then you can check the CCJ details at http://www.trustonline.org.uk )

Bear in mind the court expects these applications to be made as soon as you are first aware a CCJ was made. Any delay will harm your chances of getting it set aside.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 10 days ago.
Thank you for this information. I will print the N244 form and complete it.

OK, no problem, thank you

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