Have you been struggling to apply to set aside a county court judgment (CCJ)?  This guide offers key steps and strategies to simplify the process for professionals, business owners, partnerships, and practices.

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People often ask me if they can apply to set aside a county court judgment and remove a disputed CCJ from their credit report. The answer to both questions is yes, but it must be done through the court process.

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To have a realistic chance of success, it is essential to take the correct steps and understand,  evaluate your options and your reasons for doing so. The  importance of managing those steps effectively will be crucial. Without following the proper procedures, professionals, business owners, partnerships, and practices can become overwhelmed or make costly errors, resulting in failure and your financial plans hanging precariously for the next 6 years

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So, it’s It is important, at the very start, to understand the reason for why you should be making such an application and to be aware of potential challenges to avoid.

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Let’s dive in

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The 5-step approach:

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• Addressing the Claimant’s refusal to come to an agreement. Don’t waste further time. In most cases, you will be taking this first step to make an immediate application to the court because the Claimant has refused to your proposal to agree to remove the CCJ from your personal or business credit file or is prevaricating  

 

• Get your supporting evidence together and validate it with sufficient grounds and documents to give reasons for why you are  disputing the CCJ and to show cogent reasons for  why the court should accept your application to and agree for the CCJ be set aside

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• Provide a well thought out witness statement which demonstrates to the judge not only you have a cogent defence, but also you have a real prospect of success. Give clear and articulate grounds for an order should be made in your favour. Remember, the judge will need you to guide the court that you have taken all reasonable steps to challenge the errors made by the Claimant in the run up to the court hearing

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• Stay in step with the court. It will always be in your best interest to keep in contact with the court. Staying on top of the process will help you to address the CCJ effectively, keeping your best foot forward to succeed in your application

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• Avoid delaying the application This could harm your success for the removal of the CCJ, impact your business credit score, financial credibility and could escalate enforcement proceedings by the Claimant

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These are steps which should be considered to be robust to challenge a disputed judgment order, avoid any unsuspecting challenges by the Claimant and help to  optimise your chances of succeeding an a court application to cancel a CCJ

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For instance, we assisted a client who received a default judgment CCJ from a parking ticket operator. The creditor claimed that they had served the claim form at the address where our client's vehicle was registered, which differed from our client's residential address. Our client discovered the CCJ when a credit search revealed it following a failed financial application. The Claimant refused to acknowledge that service of the claim form was ineffective.

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We promptly helped our client file an application to the court to contest the CCJ on mandatory grounds, arguing that the Claimant had not taken reasonable steps to ascertain our client's current address. As a result, our client had not received the claim form, making the judgment defective. The court agreed, ruling that the claim form had not been properly served.

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Our assistance led to our client's success in having the judgment set aside on multiple counts:

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• The court recognized that our client had a "real prospect of success" and not just an arguable case.

• The court also noted that our client's application was filed in a timely manner, within two weeks of discovery.

• Our client's application for costs was granted, as an offer of agreement was made to the Claimant, who instead opted to pursue the dispute.

This is just an example of the kind of work we do for business client's all day and everyday to obtain a successful outcome

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If you are a professional, business owner, practitioner or in a  partnership found these insightful steps helpful, please share this content with anyone who might benefit from resolving a dispute related to their personal or business credit file and navigating the court process.

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Alternatively, you can find useful guides here for setting aside a default or summary judgment CCJ. Learn how Remove CCJUK can better support you throughout the court process and restore your credit report to excellent financial health.

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