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Monahan Bullard

Bad Credit: County Court Judgements Explained - 0 views

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started by Monahan Bullard on 08 Jul 13
  • Monahan Bullard
     
    Getting a County Court Judgement or CCJ issued against you will have a serious effect on your credit rating, as it signifies that you have had serious difficulties paying back a loan or other form of credit, to the extent where your creditor has had to take court action against you to try and recover the debt.

    If you get into arrears and fail to come to a repayment agreement, your creditor may make a decision that pursuing a CCJ is the only option. The initial you will hear about it is when you acquire a 'Claim Form' by means of the post, sent to you by the county court. This form will set out the particulars of the claim, such as who the creditor is and how a lot they say you owe them.

    If you had been unaware of the debt, for instance if you'd moved property and lost make contact with with the creditor, then repaying the complete debt now will quit proceedings going any additional. If even so you can't clear the debt, then you need to fill out an 'Admissions Form' which will also have been sent to you.

    This form asks for data about your earnings and costs, which the court will take into account when hearing your case. The Admissions Kind need to be returned within 16 days of the postmark it holds, though if you intend to dispute or defend the claim then you can apply to have the hearing delayed an extra 14 days in order to prepare your defence.

    When you've filled in these types and returned them to the court, there will be a simple hearing carried out in private. You never have to attend the hearing so lengthy as you have totally filled in the essential forms, or unless you wish to dispute elements of the claim.

    At the hearing, the court will objectively evaluation the claim and the data you've supplied, and come to a selection about the amount of income (if any) you owe, and how it ought to be repaid. It really is essential to note that no one particular is being located 'guilty' or 'innocent' right here, the court is merely attempting to relatively resolve a civil monetary dispute.

    If the selection upholds the claim against you, then the court order or CCJ is issued. Even at this stage you can cease the harm to your credit record, as you are going to have 1 month from the date of the court hearing to repay the debt in complete to quit the CCJ being place on record.

    After a month, the CCJ will be entered on to the Register of County Court Judgements, and from there it will make its way onto your credit files held by the a variety of credit reference agencies.

    The presence of one or a lot more CCJs on your credit file will successfully close off most kinds of finance to you, as most lenders will be extremely reluctant to advance credit to individuals in these circumstances. As soon as, nonetheless, you have cleared the debt, then the judgement will be marked as 'satisfied', and while this will not eliminate it from your record it is a lot less dangerous to your credit worthiness than an uncleared CCJ.

    If you have a CCJ on your record, you might be tempted by organizations promising to remove it and clean up your rating. Unfortunately, this is only feasible in a couple of situations. Occasionally, the CCJ is entered on to your record by mistake even though you cleared the debt inside the a single month time limit. If this has happened then you have the appropriate to have it removed from your records.

    The only other techniques to have a CCJ removed is to show that there was one thing wrong with the way in which the judgement was awarded. If, for instance, you did not obtain the initial Claim Form, and you had been unaware of the proceedings, then you didn't have the chance to defend yourself and so the judgement is invalid.

    In these situations, you can apply to the court to 'set aside' the judgement and it will be removed from your file, with the whole process beginning once more with a new claim and hearing. Any attempt to gain a 'set aside' without a affordable argument could be observed as wasting the court's time, with all the legal penalties that would entail.

    If you get a Claim Type by means of the post, it is critical not to panic. Even though a CCJ against your name is damaging to your credit rating, it isn't a criminal matter and won't lead to further action such as repossession of your property or bankruptcy. The CCJ procedure is there so that the court can assist to resolve your debt in a way that is fair to each you and your creditor. Should you claim to discover supplementary information on open in a new browser window, there are thousands of on-line databases people might think about investigating.

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