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  • FIRST POST
    • howkflakegirl
    • By howkflakegirl 4th Jul 18, 9:02 PM
    • 1Posts
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    howkflakegirl
    Cancelling a CCJ
    • #1
    • 4th Jul 18, 9:02 PM
    Cancelling a CCJ 4th Jul 18 at 9:02 PM
    Hello there,

    I had a few questions about receiving a county court judgement at a small claims court, and the cancellation of the judgement - if anyone could help me that would be great.

    I am of the understanding that if I pay off the debt within a month the CCJ will not appear on my credit file and will be cancelled - does the court have to be notified within the month, or do I just have to pay within the month? For a random example, if I received a CCJ on April 1st and paid it off by April 15th, but only managed to notify the court by May 5th, would the CCJ still be cancelled from my record?
    Also, do I pay the claimant or the court?

    What sort of evidence is needed for this? If I were to do a bank transfer, would my statement be enough? I assume some kind of receipt from the claimant might be needed as well? Would they accept a signed receipt/statement from the claimant saying I had paid?
    If I were to pay via cheque, what sort of evidence could I use for that?

    I also wondered if it was possible to pay the entire debt off at the hearing to the claimant in front of the court, so I didn't have to mess around with forms and getting evidence later on. Is that something that could be done, and do they allow you to pay in court?

    If I offer to settle the debt before the court hearing, is it the responsibility of the claimant to notify the court and cancel it? And would a judgement still be entered against me? If so, would I have to go through the whole process of providing evidence or would the claimant do that?

    Thanks!
    Last edited by howkflakegirl; 04-07-2018 at 9:08 PM. Reason: Question
Page 1
    • Coupon-mad
    • By Coupon-mad 4th Jul 18, 11:02 PM
    • 59,446 Posts
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    Coupon-mad
    • #2
    • 4th Jul 18, 11:02 PM
    • #2
    • 4th Jul 18, 11:02 PM
    Who is the claimant?
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    • sourcrates
    • By sourcrates 4th Jul 18, 11:46 PM
    • 14,575 Posts
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    sourcrates
    • #3
    • 4th Jul 18, 11:46 PM
    • #3
    • 4th Jul 18, 11:46 PM
    It is your responsibility to pay the claimant, and obtain proof of payment in the form of a receipt.

    You pay the claimant not the court.

    You then need to inform the court of this and provide your evidence within 30 days, do not just assume the creditor will do it, the CCJ will then normally be removed from your credit file.

    Info here :

    http://www.aboutsmallclaims.co.uk/judgment-taken-off-ccj-register.html
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Quentin
    • By Quentin 5th Jul 18, 10:23 AM
    • 36,295 Posts
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    Quentin
    • #4
    • 5th Jul 18, 10:23 AM
    • #4
    • 5th Jul 18, 10:23 AM

    You then need to inform the court of this and provide your evidence within 30 days, do not just assume the creditor will do it, the CCJ will then normally be removed from your credit file.....
    Originally posted by sourcrates
    Some misinformation here


    Ideally the Claimant (C) informs the Court that the judgement has been paid.


    However if they don't then it falls to the Defendant to do so.


    As long as the CCJ is paid in full with cleared funds within a month from the date of judgement and the Defendant (D) can prove this then should the C neglect to inform the court the D can do so at any time (there is no time limit for doing so), but it involves a fee.


    When paying off a CCJ within the month use belt and braces and send the C a SAE and receipt to sign and return so you have the proof should you need it


    You can pay the C in person at the court if you want but still get the receipt signed should it be needed


    (If you decide to pay the claim off prior to the hearing do so asap to reduce court fees)
    Last edited by Quentin; 05-07-2018 at 10:25 AM.
    • sourcrates
    • By sourcrates 5th Jul 18, 1:11 PM
    • 14,575 Posts
    • 13,717 Thanks
    sourcrates
    • #5
    • 5th Jul 18, 1:11 PM
    • #5
    • 5th Jul 18, 1:11 PM
    Some misinformation here


    Ideally the Claimant (C) informs the Court that the judgement has been paid.


    However if they don't then it falls to the Defendant to do so.


    As long as the CCJ is paid in full with cleared funds within a month from the date of judgement and the Defendant (D) can prove this then should the C neglect to inform the court the D can do so at any time (there is no time limit for doing so), but it involves a fee.


    When paying off a CCJ within the month use belt and braces and send the C a SAE and receipt to sign and return so you have the proof should you need it


    You can pay the C in person at the court if you want but still get the receipt signed should it be needed


    (If you decide to pay the claim off prior to the hearing do so asap to reduce court fees)
    Originally posted by Quentin
    No misinformation here.

    The creditor may do you the courtesy of informing the court that you have paid the judgment, but then again - they may not. In this situation, the best thing to do is to tell the court yourself.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Quentin
    • By Quentin 5th Jul 18, 2:15 PM
    • 36,295 Posts
    • 20,543 Thanks
    Quentin
    • #6
    • 5th Jul 18, 2:15 PM
    • #6
    • 5th Jul 18, 2:15 PM
    The misinformation was in #3 as explained.

    There's no "need" for the defendant to inform the court within any time limit.

    The important thing for a defendant to do is have proof of payment within a month of the judgement.

    Then if needed they can get the CCJ removed at any time after discovering the claimant failed to notify the court. But whereas when the claimant does the right thing there's no fee involved if the defendant does then a fee must be paid.
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