Once you discover that you have a CCJ you need to act promptly. You can apply to the court by completing an N244 Application Notice to have a CCJ set-aside and the Court Fee is £275.00. However this is not always the best course of action as you need to decide if you are happy to pay the judgment debt or if you are disputing it. Also by submitting the N244 to the court, this will result in a court hearing, that you will need to attend, more likely in person and if you are NOT disputing the debt then this is the incorrect process.
If you are disputing the debt then it is important that when the N244 is submitted this is supported by a well drafted defence, also not to receive court papers/ the claim form, is NOT a defence to the claim. To defend a claim you must have a substantive reason that you do not owe the money, and never did, or the value is incorrect etc. Any defence should clearly explain why you believe this is the case and evidence should also be submitted with the N244 Application Notice to support what you are alleging. As outlined, this will lead to a Court Hearing which you must attend and the claimant will also be asked to attend. Always beware that if you take this action and you are unsuccessful then you could be ordered to pay the claimants costs for dealing with your application, which could be £500-1000 if they instruct a Solicitor to act for them.
If you want to remove a CCJ, where the papers went to an incorrect or previous address and you DO NOT dispute the debt and you are willing to the pay the debt, this should be dealt with by way of a Consent Order. A Consent Order is a special legal agreement between you and the claimant that enables the court to remove the Judgement. The Consent Order explains the legal reasons why the Judgment should be set aside and that both parties agree to this Order. In most cases this is approved by the court and the Judgment is removed. The court fee for this process is £108.00. However, it is very important that the Consent Order is drafted correctly and presents all the facts ensuring that the court have all the information on which to make the order to remove the judgment.
Timescales can vary but for a Court Hearing to be listed you can be waiting 3-4 months, except London Courts where the wait is more than 6 months, and for some courts over a year. For a Consent Order service our average processing times are 3 months but it can take longer. These timescales are not our timescales but mainly the delays caused by HMCTS (His Majesty’s Court & Tribunal Service). Also some claimants take longer than others to respond and this also has an impact.
Our advice is that to remove a CCJ is not a “quick fix” and it does take some time to go through the process properly and anyone who promises a faster service than what we have outlined is not being transparent with you. There is a no quicker way to go through the process and no way of speeding it up. That said, it is of great value to make sure that this is done properly from the start to ensure that there are no additional delays as if your N244 Application or your Consent Order is drafted incorrectly then it will simply be rejected by the court and you will have to start again. The average response time for the court is at least 6-8 weeks. This is why it is imperative that you get some help with this process if you can.