Satisfied CCJ Query

Options
Hey there,

I had a CCJ against me in August which was settled within one week. After trying to contact the claimant several times to ask them to update the courts and several false promises later, I was forced to apply for a certificate of satisfaction which was unfortunately done after the one month mark. This means that the CCJ shows as satisfied but still shows on my credit file.

I have been advised that I can apply to have the CCJ set aside, using a N244 form, where I can show proof of payment to the judge during a court hearing. If the judge sides with me, I can have the CCJ removed completely from my file.

Could anyone advise if this is correct? Or is there any other way to have the CCJ removed from my file?

Thanks in advance.

Comments

  • StopIt
    StopIt Posts: 1,470 Forumite
    Options
    No, that isn't correct.


    A set aside is for when you contest the judgement and the CJ is set aside for potentially re-claiming or being dropped completely.


    What you need to do is send the evidence of settlement within the 30 day limit to the CRAs who have still got it listed and ask them to remove it.


    If they don't do this, complain to the ICO.

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    Options
    Hi Ali.Khan


    Welcome to the forum. A set aside is not appropriate here as you have no dispute over actually owing the debt, but as long as you can prove the CCJ was paid in full within a month you'll be able to get it removed. I'm unsure why the court would not already have done this as presumably you've sent evidence to them that the debt was paid, in order to get your certificate of satisfaction?


    The credit reference agencies get their information from the Register of Orders, Judgments and Fines so they won't amend anything until the Register has been updated. That happens by information the county court passes to them. Contact the county court again (with evidence that the CCJ was paid within a month). The court may ask you to fill in a form and pay a small fee, although point out you already have a certificate of satisfaction and have previously provided information on payment of the debt.


    The Register has a step by step guide on how to have a CCJ removed when you have paid it within a month https://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/county-court-judgment-records-how-long-ccjs-stay-on-record. Good luck with it.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Ali.Khan_2
    Options
    I originally emailed the court with my payment confirmation (online transfer receipt) within a couple of weeks of making the payment. The court replied and said they could not accept it as proof of payment and that either the claimant would have to get in touch to confirm the payment had been received or I could apply for a certificate of satisfaction. By the time I had applied for the certificate of satisfaction, more than a month had passed since the CCJ and now the courts are saying that they are only able to record that the CCJ has been satisfied as they use the date of when the certificate of satisfaction was applied for.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    Options
    Hi again


    Thanks for that extra information. I'm unsure why the court would accept the online transfer receipt as proof that you had paid the debt, but not proof of the date it was paid. It's worth querying that with them. Also try asking the creditor to provide written confirmation of when they received the payment and hopefully the court will reconsider their decision not to remove the CCJ from the Register.


    If that doesn't work you could consider making a complaint to the court, you can do that via the Resolver complaints website https://www.resolver.co.uk/hmcts-complaints.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Nik4321
    Nik4321 Posts: 2 Newbie
    Options
    Hi

    Please can someone help.

    I have a CCJ that was settled and now over 6 years so no longer showing on my credit file. However recently completed a mortgage application and they have asked for proof it was settled.

    How do I obtain this?

    Thanks in advance
  • StokieBecks
    StokieBecks Posts: 4,997 Forumite
    First Anniversary Photogenic First Post Xmas Saver!
    Options
    Hi Nik

    You need to fill in the form on this link and send proof that it has been paid and when it was paid and payment (I think it's £15) they will send you a certificate of satisfaction but if I were you i would ring up and ask how to request it urgently if your mortgage application depends on it

    https://www.gov.uk/government/publications/form-n443-application-for-a-certificate-of-satisfaction-or-cancellation
    £2 Savers Club for 2022 #12
  • Nik4321
    Nik4321 Posts: 2 Newbie
    Options
    Hi

    Thanks for this. The CCJ was already showing as settled on my credit file before it was removed.

    Is the below still the only way to get proof? (As I don’t know the case/ court ref or the date I paid it)

    Many thanks
    Nik
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.3K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 248K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards