People who have
CCJ'S (County Court Judgements) for bad debts will always find it very
difficult to borrow money from established lenders such as banks and building
societies. As outlined in chapter one, it is possible to get around this by
using the method of leaving money on deposit as security for any loan.
However, it is
always in your best interest if you have CCJ'S on your credit record, to have
them removed as soon as possible. Records of CCJ'S are kept by four main credit
reference agencies for a period of six years from the date of their inception.
After this time they should be removed automatically, and if they have not
been, then you can simply write to the credit reference agencies and order that
they be removed.
In order to find
out what information the credit reference agencies have on you, you should
write to them to enquire. Include your full name and address, any previous
address(es) you have lived at in the past six years, and £1 to cover
administration fee.
The four main
credit reference agencies used by lenders to check on your credit history are :
CDMS, Dove Mill,
Dean Church Lane, Bolton, Lancashire, BL3 4ET.
CNN, PO Box 40,
Nottingham, NG7 2SS.
Equifax, Spectrum
House, 1a North Avenue, Clydebank,
Glasgow, G81 2DR.
Infolink, Regency
House, 38 Whitworth Street, Manchester, M60 1QH.
Once you have
obtained the information you need from these agencies, you can decide what
action you wish to take.
NB : In order for
any record of CCJ'S to be legally removed, you must be able to prove that at
least one of the conditions below
applies :
1) The six year
period has expired, and the record should be removed as being out of date.
2) The record
should not have been lodged in the first place, as the CCJ does not exist, and
the record is a mistake.
3) The debt to which the CCJ applies has been
fully paid off. Here you can insist that the CCJ be removed because you have
cleared all of your financial indebtedness.
To apply to have
judgements overturned, you should obtain form N244 from your County Court (or
Sheriff Court in Scotland).
During the period
in which your application is being considered all records of judgements against
you are removed from the records of credit reference agencies. Then several
more weeks usually pass before the agencies can re-instate these details, so
even if your application is unsuccessful you have a period of around 8 weeks
where you have no CCJ'S on record.
In order that any
judgements against you be set aside you must have a valid reason, such as not
receiving the original summons, being unwell or out of the country at the time
the summons was issued, or having discharged the debt within a period of 28
days from the original issue of the summons, in which case no record should
have been registered.
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