What is a Default Judgement
A default judgement is an order of the court instructing you to make payment to the Claimant. You have 14 days in which to make payment otherwise the default judgement will be registered against you at the Credit Reference Agencies and be visible when credit checks are made against you. A default judgement is registered against you for a period of 6 years and may cause you difficulties in getting a mortgage or credit.
In the first instance we will consider if you have sufficient grounds to have the default judgement set aside. If this is possible our setting aside solicitors will advise you whether the default judgement can be set aside by consent or if an application to the court should be made. Our solicitors will prepare the court forms and your evidence in support of your application and submit this to the court to be issued. Our solicitors will deal with all aspects of the application including the preparation for and/or attendance at any hearing which may follow.
Our setting aside solicitors are also able to offer advice where you have received multiple parking fines which have led to court proceedings being issued against you and/or a default judgement being obtained.
The court rules that govern applications to set aside judgement are Civil Procedure Rules 13.2 and 13.3 Applications to set aside judgement are made on two grounds:
To set aside a default judgement an application to court using the relevant court form should be made. A fee is payable for the application. The application notice must state the grounds for applying to set aside judgement and whether the application is made under CPR 13.2 or CPR 13.3 or both. A draft of the court order requested should be attached to the application form.
The application must be supported by written evidence in the form of a witness statement verified by a statement of truth.
The evidence should establish the factual basis for the application and may include:
As an alternative, in certain circumstances, it may be possible to obtain the consent of the Claimant to allow the default judgement to be set aside. If this is possible, a consent order is agreed between the parties and filed with the court for approval.
Our setting aside judgement solicitors have vast experience of dealing with setting aside judgement applications and know that you have to move quickly in making your application. Any delay could compromise the application. Our setting aside judgement solicitors will quickly evaluate your position to see if there are grounds to make an application to the court for judgement to be set aside and will then advise you on the best course of action to achieve this.
Can a debt collector remove a CCJ?
If the creditor agrees to remove the CCJ, they will need to inform the court and, your credit record will be updated to reflect the change.
Will removing a CCJ improve my credit score?
The impact of a CCJ will reduce over time. If the CCJ is set aside or satisfied the credit reference agencies will be told and your record updated.
Does a CCJ go against an address or person?
A CCJ is registered against a person at the address given on the claim form.
Can you get a second CCJ for the same debt?
It is unlikely that an old debt will reappear on your credit report, but it is possible. For example, if your debt defaulted over 6 years ago, but you have made payments within 6 years, a CCJ could be issued against you and the debt would reappear on your record.
Can you negotiate a CCJ?
You can make an application to the court asking for time to pay the CCJ by way of instalments or to re-consider an existing instalment plan if your circumstances have changed. You may have to pay a court fee for this application.
Will a CCJ affect buying a house?
Getting a mortgage with an unsatisfied CCJ is possible, even if you have a CCJ on your credit file. However, it does depend on a number of factors. One of the key factors is how recent the CCJ was registered.
