A BBC expert has warned more than 270,000 people in England, Wales and Northern Ireland
Financial expert Laura Pomfret explained what the CCJ letters are and what to do about them(Image: BBC)
More than 270,000 people across England, Wales, and Northern Ireland have received letters through the post, according to a BBC expert – and those who ignore them could find themselves facing court action. Viewers of BBC Morning Live were recently warned about the thousands of letters connected to county court judgements that have been dispatched over the past 12 months.
Expert Laura Pomfret explained to viewers that a County Court Judgement (CCJ) is essentially a court order issued in England, Wales, and Northern Ireland when someone fails to repay a debt and the creditor pursues enforcement action. She noted it could come from a council, company, landlord or a private individual – and if left unpaid, it can appear on the person’s credit report.
She said: “I think that’s what a lot of people resonate with that they’ve heard of CCJs can be bad for your credit. They stay on your credit report for six years. It can impact you getting a mortgage, even getting um a rental property. Sometimes credit checks are done, even when getting a mobile phone contract.
“It’s definitely something to avoid if someone can avoid it, and worryingly, in the first quarter of this year, over 270,000 new CCJs were registered, and that’s 17.5% up on last year. So this is obviously showing that people are struggling and in the energy industry is something that you know it’s it’s getting bigger and bigger.” She explained that these are frequently issued to those falling behind on energy bills — with the latest Ofgem figures revealing debt standing at £4.5 billion — while Energy UK puts the figure even higher at £5.5 billion.
She added: “That’s like such a big bill that lots of people are pay and people pay every month clearly struggling with it. And interestingly as well, credit card transactions in February were up 6% versus last February whereas debit transactions were only up 1%. And that also shows, you know, that people are having to rely on credit for even the most basic of bills.”
Ms Pomfret noted that receiving a CCJ typically follows a series of threatening letters, meaning the householder will already be feeling anxious. She said: “Firstly, it is upsetting to receive a formal document like that. If you get that through the post, it’s got a court seal on it it’s very formal. It might have followed you, you know, debt demand letters with red writing all over, which is overwhelming.”
“Firstly don’t be overwhelmed is easy to say but don’t be alarmed like it’s just a formal process it’s essentially a document asking you asking you for money and so it if it comes through the post you it will tell you what you owe it’ll tell you how to pay it and it will also tell you the deadline by which to pay so you have a few options when you receive a CCJ.” She explained that the first option was to repay the debt – and if someone does so within a month, it could be removed from their credit file. She said: “After that, it stays on your report, but it says that you paid it. So, please make sure you prioritise paying it.”
It’s also possible to vary the terms of a CCJ, she noted, which involves approaching the court to attempt to alter the conditions of the judgement. “Another thing that you may be able to do is apply for what’s called breathing space. So this is formerly called in England and Wales the debt respite scheme. “What this does is it gives you space from creditors, including the CCJ, and maybe gives you time to make a plan to pay it back or speak to a debt advisor, which is super helpful. The last thing that you may be able to do is you may actually be able to get the judgment or CCJ set aside. or recalled if you believed um that it’s an error.””
She stressed that there would need to be a legitimate reason to apply for it to be set aside, including submitting evidence, primarily that the individual doesn’t owe the money or that it’s a mistake. She added: “Another reason is that you didn’t receive the original claim form. So before a CCJ is issued or a decree is issued, you will get a claim form put forward and there’s an opportunity to respond.
“So you could have, for example, the wrong address, it could have been sent somewhere else. You may not have received it. Now, the court’s not going to take kindly to just saying, ‘I didn’t receive it.’ It’s kind of like the dog ate my homework sometimes for some people, but you may genuinely not have done. So that could be an option. Ultimately, you’re going to need evidence, you’re going to have to fill in the correct forms. You may have to pay fees to get it set aside, but you know, in the long run, it may be worth doing tha if you don’t want it to damage your credit.”
To find the steps and court forms involved in asking a court to vary the terms of a CCJ or decree, such as requesting to pay in instalments, or even how to get a judgment cancelled, you can click on the links below.
For England, Wales and Northern Ireland you can click here.
For Scotland you can click here., external
There temporary protection from your creditors while you get debt advice and make a plan.
In England and Wales this is called Breathing Space, and you can find information on that by clicking here., external
In Scotland this is called a moratorium, and you can find more information on that here.