CCJ Registration

[jbgrower]

Hi

 

I would like someone with County Court Knowledge to help me verify something i was told about the registration of County Court Judgments.

 

I'v been reliebly informed that a CCJ entered in default(where the defendent has neither defended or admitted the claim) is recorded straight away....But, Judgment entered for payment forthwith following a contested hearing is not recorded by The Registry Trust, until action is taken to enforce the judgment or an application is made to vary the order or attend court for information.

 

I believe this is true but i can't find anything to verify it.

 

Does anyone know if this information is recorded in the public domain somwhere? can anyone point me in the right direction?

 

Many Thanks

[payingonlyencouragesthem]

I always thought it was automatically recorded after 28 days if the judgment was not satisfied in full. It's also a 28 day wait before enforcement proceedings can commence but I don't believe this would be necessary to get the CCJ on the registry.

[diddled]

Whether claims are contested or not, any CCJs that remain unpaid a month after the date of the judgment are recorded and held on the register for 6 years

Judgment registrations can only be cancelled if they were entered in error, paid before the court action or paid within one month from the date of Judgment.

If Judgment was entered in error, or paid before the court action an application must be made to the court to have the judgment set aside for which a fee of £60 is payable.

Fee of £60 correct as at 25/01/2006

[sequenci]

Whether claims are contested or not, any CCJs that remain unpaid a month after the date of the judgment are recorded and held on the register for 6 years

Judgment registrations can only be cancelled if they were entered in error, paid before the court action or paid within one month from the date of Judgment.

If Judgment was entered in error, or paid before the court action an application must be made to the court to have the judgment set aside for which a fee of £60 is payable.

Fee of £60 correct as at 25/01/2006

 

set aside is now £65, the form you need is the n244.

[bankclaim]

The judgment is removed if paid within 28 days and marked 'satisfied' if paid after 28 days.

 

I dont think theres a 28 day wait before enforcement can commence.

 

The idea of obtaining a CCJ is that other creditors become aware of it along with the fact that the creditor can use the legal system to enforce the debt. If the CCJ is not recorded by the registry trust then the credit reference agencies would'nt be aware of it - that seems to defeat the objective

[jbgrower]

Thanks for the replies

 

The information stated in my original post is not doubted. I know its true.

 

What im looking for is somewhere in legislation, County Court rules or Registry Trust guidlines stating how and when CCjs are registered.

 

As Bankclaim states, if its not recorded by the Registry Trust then the CRAs wont know about the CCJ. Therefore it wont show up on a credit search.

 

Any advice on where to locate official publications on when CCJs are recorded by the Registry Trust

[diddled]

As far as I am aware all CCJs are automatically registered with Registry Trust if they remain unpaid one month after date of Judgment.

If you have CCJs that arent registered I can only assume there has been some cock up in the Registry Trusts system

[MinnieMouser]

Hello,

 

I've had a ccj for about 14 months now and the last time I checked the Registry Trust (about 3 months ago) it still hadn't been registered. I've read elsewhere that the creditor can also inform the CRA's about a ccj but that's yet to happen too. I contested/defended the claim on the grounds that there was already an acceptable payment plan in place but the judge dismissed my defence & said the court wasn't the place to do that..hmmm..

 

Anyway, what did the Registry Trust tell you about it jbgrower?

 

MM

[bankclaim]

I'v been reliebly informed that a CCJ entered in default(where the defendent has neither defended or admitted the claim) is recorded straight away....But, Judgment entered for payment forthwith following a contested hearing is not recorded by The Registry Trust, until action is taken to enforce the judgment or an application is made to vary the order or attend court for information.

 

if the above is correct then i assume your creditor has'nt taken any action to enforce the judgment - is this correct MinnieMouser?

[MinnieMouser]

Yep, that's correct bankclaim

[southgate]

You are quite right. See Statutory Instrument 2005 No. 3595

The Register of Judgments, Orders and Fines Regulations 2005

para 9©