Welcome to our guide on navigating the unexpected scenario of receiving a County Court Judgment (CCJ) that has been sent to the wrong address. Picture this: you open your postbox only to find a legal document claiming you owe a significant amount of money.
The shocking part? It has been delivered to an old address where you used to reside, or worse, to a location that the issuing company had once been based.
You may be feeling a mixture of confusion and concern, unsure of how to proceed. Fear not, for this guide is designed to help you understand your rights and provide practical steps to rectify this situation. Join us as we embark on a journey to correct the inaccuracies of an erroneous CCJ and restore justice to your name
Default Judgments, what are they?
A Default Judgment, also known as a County Court Judgment, is a legal ruling that occurs when a county court claim is filed, but the Defendant fails to respond to the claim within the specified time frame. It is essential to understand the reasons why a Defendant may choose not to respond.
Sometimes, they may mistakenly believe that ignoring the claim will make it disappear, but unfortunately, that is not the case. Additionally, there are instances where Defendants are unaware of a claim being filed against them, particularly if they have recently changed their address.
It is crucial for individuals to be proactive and take appropriate action when faced with a claim to avoid the potential consequences of a Default Judgment CCJ
What negative effects can a CCJ have on your life?
A CCJ can wield a significant impact on your credit score, potentially leading to adverse consequences. When you apply for credit, such as a bank account, credit card, or mortgage, financial institutions often assess your creditworthiness through a credit score evaluation.
However, if you have a CCJ against your name, it can cast a shadow on your creditworthiness for a period of six years from the date of the judgment, regardless of whether you have paid off the judgment or not (unless it is settled within the first month).
This means that even if you rectify the situation by fulfilling your financial obligations, the CCJ’s presence can persist on your credit record, potentially affecting your ability to secure credit in the future. It is vital to understand the long-term repercussions of a CCJ and take appropriate steps to mitigate its impact on your credit score.
What to do if a CCJ is sent to the wrong address
In the event that a CCJ, along with the court paperwork leading up to it, is erroneously sent to an incorrect or outdated address where you no longer reside, there may be a potential opportunity to apply to the court to have the Judgment set aside.
It is important to recognize that if you can demonstrate that you did not receive the initial court documents due to the incorrect address, you may have grounds to challenge the CCJ. By making an application to the court and presenting your case, you can seek to rectify the situation and have the Judgment overturned.
It is crucial to act promptly and provide sufficient evidence to support your claim in order to maximise your chances of success in having the CCJ set aside
Can I set aside or dispute a CCJ that I didn’t know about
The details of this, which may be possible in some situations, are given below.
How to set aside a CCJ that was sent to an incorrect address
You will need to demonstrate that you did not get the court documents and that the judgement should be overturned either because you have a defence to the claim or because “some other reason” exists.
Obtain a copy of your credit report
You can use an internet service, such as: to get a free copy of your personal credit report.
For businesses and companies you will need:
- Redflag Search Alert
Checking your own credit report does not have a negative effect on your credit rating, despite the fact that credit checks from other agencies may. Therefore, feel free to check whenever you need to.
You can get important details regarding the CCJ from your credit report. It will specifically tell you:
- The name of the court that issued the CCJ
- The claim number
- The date of the CCJ
- The amount of the CCJ
Once you’ve got this information, you can obtain the rest of the details from the court.
Contact the Court
County Court Business Centre is where the majority of CCJs are issued. For their complete contact information, go here.
If a separate court issued the CCJ, you may find their contact information here.
I advise calling them first. If you provide them the claim number, they can find your file right away. You should request that they send you the following details by email:
- The address to which the claim form was posted
- The identity of the claimant
- The date of service of the claim form
- The identity of the claimant’s solicitors (if any)
- The particulars of claim
What is the set aside fee for a CCJ?
Whether an agreement can be struck with the other party will determine this. If so, a fee of £100 is typically due. A fee of £255 will be due if the court needs to receive a complete application.
Conclusion
In conclusion, if you find yourself in the unfortunate situation of receiving a CCJ that has been sent to the wrong address, it is crucial to take immediate action. Ignoring or overlooking the issue can have severe consequences for your financial well-being and credit score. To address this matter, it is essential to gather evidence to prove that the CCJ was incorrectly sent to an address where you no longer reside.
By promptly making an application to the court to set aside the Judgment and presenting your case, you can strive to rectify the situation and restore justice. Seeking legal advice or assistance can be invaluable in navigating the process effectively. Remember, time is of the essence, so act swiftly to protect your rights and mitigate the potential long-term impact of the erroneous CCJ.
With over three decades of experience in the business and turnaround sector, Steve Jones is one of the founders of Business Insolvency Helpline. With specialist knowledge of Insolvency, Liquidations, Administration, Pre-packs, CVA, MVL, Restructuring Advice and Company investment.