CCJ Procedures

If You Don't Agree with the Claim

You may disagree that there is a debt at all, or disagree with the amount of the debt. If so, instead of filling in the Admission Form, you should fill in the enclosed Defence Form and send it back to the Court.

However, you should only do this if you dispute the debt or the amount of the debt. If you dispute how much you can afford to pay, then you do this through filling in the Admission Form.

Defending a claim against you for debt is difficult. You should seek advice through the Citizens Advice Bureau or other sources of free legal advice.

What Happens When You've Paid?

Once you have made the last payment to the lender, you can then apply to the court for a Certificate of Satisfaction, for which there is usually a charge of £10. You don't have to get this certificate, but it is useful as you'll be able to forward this on to Credit Reference agencies to ensure that it is clearly marked on your file that you have settled the debt. The judgement will still be marked on your file for 6 years after the debt is settled, but it will show as being satisfied.

If the debt was settled out of court, i.e. directly to the lender, the court will need your case number as shown on the Register of County Court Judgments. Only then can the court issue you with a Certificate of Satisfaction. The Registry Trust will automatically be informed that the debt has been paid.

What Happens if You Don't Pay?

If you don't pay the monthly amount the Court orders the creditor may ask the Court to take further action. This could be one or more of the following:

Attachment of Earnings

The Court can order your employer to make deductions from your wages or salary to clear the debt. See Protecting Your Income for more information.

Charging Order

The debt will become secured on your home like your mortgage, putting your home at risk. There must be a Court Hearing before a charging order can be made and you can argue against it at that hearing. You will need advice from an organisation such as the Citizens Advice Bureau in these circumstances.

Bailiffs' Warrant

The creditor can ask the Court to issue a Warrant of Execution from the County Court Bailiffs. If this happens, you can get the warrant suspended by filling a County Court Form 245 and making an offer of payment you can afford.