This document provides a step-by-step guide to removing CCJs (County Court Judgements) and defaults from credit reports in the UK. It discusses obtaining credit reports from agencies, identifying out-of-date information and defaults, writing to companies to settle defaults, and applying to have CCJs set aside by filling out the necessary forms and affidavits. The guide offers sample letters and forms to use for credit report requests, settling debts, and applying to have CCJs removed.
2. INTRODUCTION
Not very nice was it when you were refused a mortgage! No credit
card, bank account or mobile phone for you. The end of credit as we know it.
Or is it?
Credit files can be repaired quickly, cheaply and legally to restart your credit.
This book will guide you through all aspects of credit repair from simple
out of date information, through defaults and finally CCJ’S.
It has been produced for the “man or woman” who has been denied
credit and needs to remove any CCJ’S, defaults or out of date information
registered against his or herself with either of the two main credit reference
agencies. It is applicable to the laws of England only.
The Consumer Credit Act (1974) allows for errors in your credit file to be
corrected or removed if faulty. Most credit files have errors in them which you
can use to contest individual items.
Out of date information: All information has to be correct. If it is out of date
or incorrect it must be corrected or removed within 28 days of the Credit
Reference Agency receiving your letter.
Defaults: If defaults are out of date or incorrect they must also be corrected
or removed within 28 days of receiving your letter.
If a County Court Judgement was not done to the letter of the law it can be
set aside because of a legal technicality.
3. Chapter 1
Obtaining your credit files
To obtain copies of your credit files you must write to the two main
Credit Reference Agencies in the UK.
The addresses are:
EXPERIAN LTD
Consumer Help Department
P.O. Box 40
Nottingham
NG7 2SS
EQUIFAX EUROPE LTD
DEPT 1E
PO BOX 3001
Glasgow
G81 2DR
The statutory fee is £2 to each of the agencies together with a letter
requesting a copy of any information they may hold on you. If you are
husband and wife you should only need to send £2 as long as you both sign
the letter.
If you are living together I would recommend that you both send
separate letters with a payment of £2 each. You may find that only one of you
has bad information and the other one can still get credit.
When writing to the agencies enclose the last 6 years addresses so
they can do a full check on you. You will normally receive a print of your credit
file within 28 days. If you have not heard anything within a reasonable time a
polite request to check if they got your letter will do no harm. Letters can go
missing in the post.
Because of the personal nature of the information the agencies will not
give information over the phone.
4. SAMPLE LETTER TO CREDIT REFERENCE AGENCIES
A. Debtor
L. Debtor
123 Somewhere road
Leicester
Leicestershire
Post Code
EXPERIAN LTD
Consumer Help Department
P.O. Box 40
Nottingham
NG7 2SS
Dear Sirs,
I am writing to you to enquire what information you hold on your computer
system relating to my credit rating. My full name is Arthur Debtor and my
wife’s name is Lotta Debtor. I enclose a cheque for £1 to cover your
administration costs.
Yours faithfully
Lotta Debtor
Arthur Debtor
Lotta Debtor
5. Chapter 2
Removing defaults and out of date information
Check the credit reference files that have been returned to you from
the credit reference agencies to see whether there are any out of date or
default notices held on your file.
A typical out of date item is where you have separated or divorced a
former partner. You are no longer living with them but their records are
included with yours.
Write to the credit reference agency requesting that your former
partners record be removed from yours as you are no longer living with them
and request an updated copy of your file.
If there are any default notices then using the information and sample
letter given in the back of this manual write to each of the finance companies
that have the default notices etc., against you and attempt to obtain a
settlement.
DEFAULT NOTICES, TERMINATION NOTICES ETC.
In addition to county court judgements you may find that you have had default
notices or termination notices written on your credit file obtained from the
credit reference agencies.
Default notices and termination notices are simply a record that is placed on
your file normally by banks and building societies or other financial
institutions. Whenever you take out a loan or hire purchase agreement you
sign a declaration stating that you agree that should you not keep up your
payments in any way then the bank or other financial institution has the right
to inform the credit reference agencies of your default etc. This could be due
to late payment or a query over the payment. These notices that are placed in
your file are nothing to do with the county court. They are simply a way of
alerting other finance companies that you are in default against some other
finance company.
Remember this is something that you have agreed to allow the banks etc. to
do when you took out the loan. It is therefore their right to place these notices
on your file without consulting you or a county court.
The only way to have these removed is by applying to the company or
bank that served the notice on your file in the first place. In order to do this
you will need to check through your credit file returned from the credit
reference agency as to who actually placed the notice on your file. Once you
have done this you should contact the people who placed the notice to see if
you can come to any kind of arrangement.
They may be willing to do this in any of the following situations;
6. 1 . The default notice was served but the payments have been brought up
to date.
2. The loan has now been totally repaid.
3 . The payments are still in default but you have come to an arrangement
with the finance company.
4. You totally disagree with the default notice etc. being served, as you
think they have been placed on your file incorrectly.
In any of the above cases you should write to the finance company and ask if
they would be prepared to remove the notice from your file. If they do agree
then you need to get them to put this in writing to you.
They may write and ask you to pay an administration fee for this, or they may
write and ask you to bring repayments up to date etc. Once they have written
and agreed that you no longer owe them any money, or that they are happy
with the revised repayment schedule that you have now agreed, you can then
send a copy of this letter to the credit reference agencies who will then be
able to remove the default, termination notice, etc. from your file.
TO REMOVE EXCESSIVE SEARCHES
To remove excessive searches write to the people that requested the
searches asking them to provide written proof that you said they could
request searches or remove the search in question.
Most lenders destroy the paper work or erase your details from their
computer if you do not get credit. If they can not prove you agreed, they must
remove the offending searches.
I got Barclays Bank to remove several searches this way but It did take
me 2 letters to do it.
7. SAMPLE LETTER TO FINANCE COMPANY
ASKING FOR INFORMATION/ SETTLE ON DEFAULT NOTICES ETC.
A. Debtor
L. Debtor
123 Somewhere road
Leicester
Leicestershire
Post Code
Your Finance Company
(See your loan agreement
for address
Dear Sirs,
I am writing to you concerning a record that has been recorded on my file by
the main credit reference agencies concerning a debt that I owed you. If this
debt has now been repaid or settled could you please write and confirm this
so that I can clear my name with the credit agencies. If the debt has not been
settled could you please write and give me the details of what you would
require to settle the outstanding amount.
The loan was taken out on the 20th December 1993 and the account number/
reference was ABC123456.
I look forward to hearing your reply.
Yours faithfully
Arthur Debtor
When writing you should give the finance company as much information
about the loan as you can. If the loan was taken out at a different address
then you should let them know of that address. If the finance company then
reply and say that you still owe them money and give an acceptable
repayment figure to you then you should write back and state that you will
only be prepared to do this if they are prepared to write a letter either to
yourself or the credit reference agencies asking that the default notice etc. be
removed from your file.
8. Chapter Three
Removing CCJ’S
A large number of County Court Judgements, CCJ’S, are the result of
undefended summonses. Usually because the defendant is unaware of the
response needed he/she does nothing, so the court enters a "judgement by
default".
The Central Registry then passes the judgements to the credit
reference agencies.
A large number of County Court Judgements, CCJ’s are the result of
undefended summons. Usually because the defendant is unaware of the
response needed he/she does nothing, so the court enters a "judgement by
default.
The Central Registry then passes the judgements to the credit
reference agencies.
A debt can be paid off but the judgement stays on record because no
one asked for it to be "set aside". Simply because they did not know it was
necessary.
There are other reasons, detailed later, which the courts will or will not
accept to "set aside" e.g. A defendant can state that they have been making
regular payments for a year or so. The courts will look favourably on that.
But not if the payments have been irregular.
As a reliable guide use the reasons we have listed later on.
1. Do you have the original summons?
2. The name of the plaintiff? (The one who took out the summons)
3. The name of the court?
4. Most important the Case Number?
Without the case number the courts will not even read an
application.
If you do not have this, then write to the county court registry asking for details
of the judgement and case no. This should cost you around £15
The address of the is:
Registry of Court Judgements
Registry Trust LTD
173/174 Cleveland Street
LONDON
WP1 5PE
10. SAMPLE LETTER TO THE COUNTY COURT
L. Debtor
123 Somewhere road
Leicester
Leicestershire
Post Code
The Clerk of the Court
Debtshire County Court
Civic Centre
Some Town
Debtshire
Dear Sir/ Madam,
Could you send me all of the available information on the judgements that
were made against me in your County Court. The judgements are as follows:
1. Case No. 99C9988 Date: 28/6/1990
2. Case No 97C7766 Date: 14/3/1992
These judgements were made against myself, (name and address as above)
and I would appreciate that you send any further correspondence relating to
this case to me.
Yours faithfully
Arthur Debtor
Please Note: you may not have received the case numbers or the date from
the credit reference agency but they may have given you details of who the
creditor was and the amount and date of the judgement. If this is the only
information that you have then you should send this on to the county court
instead of giving the case numbers. Also note that if these judgements were
made against you at a different address you will need to inform the county
court that the judgement was made at another address and give them that
address.
11. SAMPLE LETTER TO CREDIT REFERENCE AGENCIES
REQUESTING REMOVAL OF COUNTY COURT JUDGEMENTS ETC FROM
YOUR FILE
L. Debtor
123 Somewhere road
Leicester
Leicestershire
Post Code
Credit Reference Agency address
Dear Sirs,
I have enclosed confirmation from the county court that the enclosed
judgement has been set aside. Could you please remove this county court
judgement from my file immediately.
I also enclose a letter from my finance company stating that the loan from
them has been repaid in full and that they are prepared to have the default in
my file removed. Could you please also remove this immediately. As soon as
you have carried out the above could you please write and confirm this as
soon as possible.
I look forward to hearing your reply.
Yours faithfully
A Debtor
This letter is for removing both county court judgements and default notices.
If you only require one or the other to be removed then only use the required
paragraph. You should also give them as much information as possible i.e.
case numbers and dates, or dates of default notices served. It is the legal
obligation of the credit reference agency to update your file as soon as
possible.
12. Chapter 4
The Affidavit
The AFFIDAVIT is essential if you are to impress upon the court that your
request is genuine. Without the AFFIDAVIT, a less than sympathetic court will
refuse your request.
Now type, or hand write with a BLACK pen in block letters, the defendant
(you) and court details onto the blank "Notice off Application" form N244 as
per the example. Add the reasons for requesting 'set aside'. These do not
have to be in legal jargon, just so long as they make sense.
However after the printed words I WISH TO APPLY FOR, always start off with
"Judgement to be set aside on the following grounds:" Then go on to list the
reasons.
Take the two forms to a Solicitor's office and ask the receptionist if "any one
is available for a swearing". There is usually some one to oblige.
You will go to his/her office and swear to the truth of the statement on the
"Notice of Appeal". The Solicitor has no interest at all in the statement, only
that you are saying it is true. You will then "Make Oath" that it is true and sign
it in front of the Solicitor. He/she will also sign it and should stamp it with the
office stamp.
You will be charged the standard fee for "swearing" and it is money well
spent. It shows the court that your are taking trouble to clear your record
which will incline them to comply with your request.
On the AFFIDAVIT (pronounced AFIDAY-VIT) fill in the defendant and court
particulars only-
The “swearing” solicitor you visit will fill in the bottom section
to authorise the document.
The AFFIDAVIT is the hinge pin on granting the 'set aside'. When
"Notarised" by a solicitor. Together with the form N244 they become an
official legal document accepted by the courts as genuine and truthful.
Without it even a seemingly cast iron request would not be looked at, let
alone processed. Ring the Chief Clerk and check what the current fee is
before sending the letter.
Staple the AFFIDAVIT to the front of the N244 and send the two forms,
checking that they are signed and remember to enclose the fee and then post
them 1st class to the court concerned. Address the envelope to "The Chief
Clerk".
13. The court as evidence of your request normally accepts the AFFIDAVIT.
However, on the odd occasion the court may decide to ask you to a hearing,
which for one reason or another you cannot attend.
No problem. Write to the court stating that your are unable to attend on the
day specified and that you will be pleased to abide by the decision of the
court made in your absence. This will stand you in good stead as it will save
the courts time and show your sincerity.
Don’t forget to quote the case no when writing to the court.
After a few days, you will receive notice of your “set aside”.
SAMPLE FORM N244
Notice of Application
Plaintiff / Defendant's Address
Your Address here
State nature and grounds of
application
In the
Birmingham
County Court
Case no 12345
Warrant no. (if applicable)
Plaintiff (inc. ref. No)
Defendant Your Name
I wish for the judgement to be set aside.
The reason being See list later
Signed Sign here Plaintiff/Defendant Dated ???
Address for Your Address
Service
This section to be completed by court
To the Plaintiff/ Defendant
Take notice that this application will be heard by the District Judge/ Judge
At
On at o’clock
If you do not attend the court will make such order as it thinks fit.
14. SAMPLE AFFIDAVIT
AFFIDAVIT No 1
Sworn.......on Date.....
Filed On Behalf of the Defendant.
In the County Court..................... Case Number.......................
BETWEEN:
........................................... PLAINTIFF
And
........................................... DEFENDANT
I (name)
Of (address)
MAKE OATH and say as follows:
1) I AM the Defendant herein
2) THE written contents of Notice Of Application Form N244 annexed
hereto are true.
3) I THEREFORE ask this Honourable Court to grant my request for
judgement in the above case to be set aside.
SWORN at
This day of 199.............
Before me,
A solicitor empowered to administer oaths
15. VALID REASONS TO SET YOUR JUDGEMENT ASIDE (USE FORM N244)
To have your judgement set aside you will need to put forward a
reason why. You must keep your reason as clear and simple as possible. We
have listed quite a few valid reasons below.
1. Were you given 28 days notice in order to pay?
2. Where you living at the address when the summons and judgement took
place?
3. If you took out a loan or any form of credit were you in receipt of the Default
Notice before receiving the summons?
4. Did you receive the summons? They are not sent by recorded mail.
5. Maybe you were unable to attend court and defend yourself?
6. The judgement should not appear on credit files if it was paid up within 28
days.
7. If you agreed to settle “out of court “ with the plaintiff you should not have
received a judgement.
8. If you did not receive any notification of judgements against you, then you
can appeal.
9. Did you agree with the full amount of the judgement at the time, but now
only agree with part of the amount?
10. Was the summons taken out against both yourself and another person
jointly. If so did you both receive your summons?
11. It could have been that you were away from the time between the issue of
the summons and the entry of the judgement.
12. Did you receive the summons on time for you to apply to the court? You
have 21 days to reply to the court. If the summons was 21 days late then the
judgement would have already been taken out against you.
13. Did somebody use your name or address to obtain credit, which resulted
in a County Court Judgement without you knowing?
You can use any of these reasons to have your judgements set aside.
Remember that no correspondence sent to the courts or the plaintiff is ever
recorded. In most cases County Court Judgements fail to comply with the law
in every detail. This gives you the chance to get your judgements removed for
ever. You may have entirely different reasons.
However many reasons you put forward and whatever they are, they must be
true, to the best of your knowledge.
16. Step by Step Guide to the Process.
1. Using the sample letter, in the back of this manual, write to each of the
credit reference agencies as listed, not forgetting to enclose a £2.00
postal order/cheque for each of the agencies that you write to.
2. When the credit reference agencies reply make a note of all of the
county court judgements against you and using the sample letter, in
the back of this manual, asking for the court to send you all of the
details that they have against you for each county court judgement.
3 . You must now use an N244 form to remove the judgement(s).
We have enclosed a sample (filled in) copy of form N244 in this
manual. These forms are available free of charge from the courts.
4. Fill out form N244 giving all of the details relating to your county court
judgement and give a reason for having the judgement set aside. If you
are not sure of the reason for having the judgement set aside then
please refer to the reasons listed later in this manual.
5. Send off form N244 and the affidavit to the county court and ask that
they acknowledge receipt of this form; this will normally be done in any
case. Once you have received a receipt or confirmation that they have
set the judgement aside you can then send this letter on to the credit
reference agencies that have the county court judgement registered
against you. A sample of the letter to send to the credit reference
agencies is given in the back of this manual. Until such time as a new
hearing takes place, if indeed at all, then your record will be free of
those county court judgements.
6. Check the credit reference files that have been returned to you from
the credit reference agencies to see whether there are any default
notices held on your file.
7. If there are any default notices then using the information and sample
letter given in the back of this manual write to each of the finance
companies that have the default notices etc. against you and attempt
to obtain a settlement.
8. Once you have obtained a settlement and a letter confirming the
settlement you should write again using the sample in the back of this
manual, to the finance company stating that settlement has now been
reached.
9. Your file should now be clear. We suggest that you wait for at least
three weeks before writing to the credit reference agency again
sending another £2 and asking them for an update of your file. It
should, now be clear.
