County Court question

[Renato]

Hi,

I will probably have to go to County Court because of a dispute with one of our business suppliers. I believe that chances are 60% it goes to my favour.

I did some research and saw that if CCJ is paid within 30 days it will not go into register. Can someone please confirm this? Does this also mean that except of me and the supplier, no one else (business partners / credit agencies) will be able to get this info?

 

[ChrisCallaghan]

Close to right. If won, the CCJ goes on the register and the defendant's credit file. If it is paid within a month of issue, it can then be removed from the register, and the defendant's credit file.

 

[ChrisCallaghan]

Also worth noting that if you win the CCJ and they still won't pay, you can escalate to High Court Enforcement, aka bailiffs. The company featured on a well known TV series are pretty good if needed - https://dcbltd.com/high-court-enforcement/

 

[Newchodge]

Close to right. If won, the CCJ goes on the register and the defendant's credit file. If it is paid within a month of issue, it can then be removed from the register, and the defendant's credit file.

Just to be pedantic, is it a month or 28 days?

 

[ChrisCallaghan]

I used to think it was 28 days, but it is actually a month.

Below from https://www.gov.uk/county-court-judgments-ccj-for-debt/ccjs-and-your-credit-rating

If you pay within one month​

If you pay the full amount within one month, you can get the judgment removed from the register.

Write to the court to say you’ve paid. You’ll need to send proof of payment from the person or business you owed money to.

 

[Newchodge]

I used to think it was 28 days, but it is actually a month.

Below from https://www.gov.uk/county-court-judgments-ccj-for-debt/ccjs-and-your-credit-rating

If you pay within one month​

If you pay the full amount within one month, you can get the judgment removed from the register.

Write to the court to say you’ve paid. You’ll need to send proof of payment from the person or business you owed money to.

Thanks. I get confused by the employment tribinal, where some deadlines are calendar months and others are 28 days, just to confuse everyone!

 

[ChrisCallaghan]

Thanks. I get confused by the employment tribinal, where some deadlines are calendar months and others are 28 days, just to confuse everyone!

Same with certain insolvency processes and deadlines! Minefield at the best of times!

 

[Renato]

Thank you!

So, this would first be registered to CCJ and then I would need to write asking for removal when I pay? Is there any guidance on how long it takes to be removed? And is it 100% that after it has been removed credit agencies will not report it (I am worried that it will first decrease the score and then when it is removed it will not recover the score to the previous level)?

Also, how long does it take for case to get actual hearing and is there a mediation service where we can agree and close the case before the actual hearing?

Finally, if that exists and deal has been reached, will it go on credit file?

Sorry for so many questions, but this is really stressful. Your answers are very helpful!

 

[ChrisCallaghan]

then I would need to write asking for removal when I pay

The defendant contacts the court to advise the debt has been paid.

Is there any guidance on how long it takes to be removed?

Not that I know. Depends on the court of issue and their workloads - usually pretty quick.

I am worried that it will first decrease the score and then when it is removed it will not recover the score to the previous level

I can only speak for the credit reference agencies I've used in the past, but if the debt is settled within a month and the CCJ is subsequent removed, the credit rating will revert back its previous score.

Also, how long does it take for case to get actual hearing and is there a mediation service where we can agree and close the case before the actual hearing?

Not sure on timescales these days. Been a while since I went through the process from your end. The defendant will usually have a few weeks notice of a hearing/judgement date, which gives time for them to speak with you about resolving the issue.

Finally, if that exists and deal has been reached, will it go on credit file?

If a deal is reached before the judgement/hearing date, you can withdraw your court claim, and it won't appear on the defendant's credit file.