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County Court Claims and County Court Judgments (CCJs)
If you get a letter telling you someone is making a County Court Claim saying you owe them money, don't be alarmed. The Court will decide whether you have a debt to pay - and if so, how you should repay it - in a way that's fair to everyone.
The purpose of a County Court Claim
Someone you owe money to (a 'creditor') can take a County Court action against you to claim the money. If you pay the amount outstanding, you can avoid a hearing or judgment. If not, there'll be a simple court hearing in private. You can attend if you wish, or just send the information the court asks for by post.
The court doesn't find anyone 'guilty' or 'innocent'. It looks at the facts and decides whether you owe any money, and if so, how you should repay it.
Under Scottish law claims are dealt with differently, by the Sheriff Court.
County Court Claim Form
The court will send you a 'Claim Form', showing how much the creditor says you owe them, and the details of the claim (though these details can be sent separately up to 14 days later). This form gives you the opportunity to explain your situation to the court.
Replying to a Claim Form
You'll receive an Admission Form with the Claim Form, asking you about your income and outgoings. On the form you can make an offer to repay the debt (or a lower amount if you think you owe less than the creditor claims).
If you don't make an offer and the court decides against you, it may say you must pay either the full amount or monthly payments.
You have 16 days from the date of the postmark to send the form back to the court. Or you can submit an 'Acknowledgement of Service' or a 'Defence Form', depending on how you want to proceed - follow the link below to find out more about these forms.
County Court Judgments (CCJs)
After the court hearing, the court may issue an order saying you must repay the debt. This order is called a CCJ and will either be for the amount agreed between you and your creditor or, if you can't agree, a payment set by the court.
If you have judgments from more than one creditor, the court can combine your debts and make an 'administration order' - saying you must make a single payment every month to be shared by all your creditors.
Who do I pay?
You pay the creditor who made the claim against you, or their solicitor or representative who will accept your payments on their behalf.
What to do if you can't pay
If you pay nothing, or don't keep up with the payments, the creditor can ask the court to take steps to make you pay, in which case you may have to pay more costs. If you genuinely can't pay, even in stages, you can ask the court to:
- change the amount of the regular payments
- suspend the order until you can afford to pay
County Court Judgment (CCJ) records
Unless you pay the full amount of the judgment within one month, your CCJ will be recorded on the Register of County Court Judgments for six years.
Organisations such as banks, building societies and loan companies use the registered information to help decide whether to give you credit or loans, like a mortgage.
What to do if you disagree with a CCJ
If you have a genuine reason to disagree with a CCJ you can ask the court not to apply it straight away ('set it aside'). You may have to pay a fee for this. If you don't have a genuine reason, your application could be treated as wasting court time or even perjury - serious offences that can incur fines and prison sentences.
If the judgment is set aside, things go back to the start of the claim. You have another chance to reply to the Claim Form, and explain your situation. The CCJ is taken off the County Court Register until a new judgment is made.
Changing your credit record
Some companies charge for 'credit repair' services that claim to help you get CCJs taken off the register - get free, independent advice first before using one of these companies.
You can get incorrect information removed yourself by paying £2 to see your credit file and asking for mistakes to be corrected. Remember though, a judgment is only taken off the register if:
- you paid it in full within one month
- it's set aside by the court (see 'If you disagree with a CCJ' above)
You can search the record for any CCJ registered against you and have it marked 'satisfied' if you've paid off the debt.
Where to get advice
Many organisations, such as the ones listed here, don't charge for guidance - always get free, independent advice before using a commercial service.
Citizens Advice Bureau (CAB)
Your local CAB provides free information and advice on legal, money and other problems: you can find your local CAB in the phone book or on their website.
National Debtline
National Debtline offers free, confidential and independent help over the phone for people in England, Scotland and Wales. You can call their helpline and also download publications from their website.
Consumer Credit Counselling Service (CCCS)
The CCCS also has a helpline, providing free, independent and impartial advice to people who have debt problems: call their helpline, or see the CCCS website.
Other organisations
If you're being threatened with legal action, you can check the Community Legal Service website to see what your legal rights are. You may also be entitled to free and independent advice from your local Law Centre.
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