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What is a ccj?
A CCJ is a County Court Order which can be made against your company to enforce debt repayment. Receiving a CCJ is worrying for many directors and it can have serious ramifications if left unpaid after 30 days.
What are my options
If your company has received a CCJ and you are unsure of what you need to do, here are some options that may be available to you!
Apply to have it set-aside
Appeal the CCJ
Pay the CCJ in full within 30 days
Pay the CCJ after more than 30 days
Refuse to pay the CCJ
Consider finance options
Creditors Voluntary Liquidation
Allow creditors to wind-up company
If your business is faced with a CCJ, the whole situation can be daunting. At Business Helpline our insolvency practitioner has a wealth of experience to keep your business on track. Get in touch with our team who will be able to assist you implement the best solution based on your situation.
How much debt does your business have?
More County Court Judgement (CCJ) FAQs
You have 14 days to get the N9A or N9B form returned to your creditors. The exact deadline will depend on what the court has requested on the form. If you need more time and cannot reply via post, you should be able to get in touch online. They key is to act early in responding to a CCJ.
If you did not return the form in time, you could be asked to pay
back more at a faster rate. Equally, you might feel as though the initial repayment requests could cause you some strain. In either case, you could either:
Request a change to the payment terms
Ask to have the CCJ cancelled or ‘set aside’, if you feel it should not have happened
Under court rules called the pre-action protocol for debt claims, the court expects people to do all they can to avoid court action. It expects both you and the creditor to give each other a reasonable amount of information so that each side can understand the other’s position.
It also expects you to try to reach an agreement to avoid court action if you can. If you are not sure that the creditor has acted properly, contact us for advice. See our Pre-action protocol in the County Court fact sheet for more information.
A CCJ is a serious matter and can have severe consequences if left unpaid. You
should expect the situation to escalate quickly towards some form of enforcement such as:
Third Party Debt Order
Attachment to earnings order
Winding up petition
If your CCJ remains unpaid, this
could be used as a platform for further action, such as bailiffs or a compulsory liquidation. Failure to pay your CCJ could present your company as being ‘insolvent’ and may lead to a winding up petition.
If you believe your company may be insolvent or in financial distress, you should
contact a licensed insolvency practitioner who will be able to assess your situation further and consider viable options for the best route forward.
You can choose to appeal the CCJ if you feel that the amount put against your company is incorrect. This could be that you dispute the approximate figure of the debt lodged against your business, or you feel that the entire request it simply nonsensical. If you can prove either of these points in your favour, you may want to appeal your CCJ. An application to appeal the CCJ should be made within 21 days of the decision. If you win the appeal, the CCJ will be taken off the register and will have no impact on you or your limited company. If you are unsure which form to fill out, please speak with one of our debt advisors.
If a creditor has taken reasonable
A business will typically have 14 days to respond to the CCJ by completing the appropriate paperwork. You can request an extension of 14 days if necessary. Should you fail to respond to the CCJ, the court will issue the CCJ against your company.
Four forms should be included in a CCJ. These are the:
N1 – Claim form
N9 – Response pack
N9A – Admission (the amount requested)
N9B – Defence and counterclaim
Particulars of claim
An N1 form will specifically note how much you owe in a section called the ‘particulars of claim’. This area highlights what debt the is. If this is not present with the N1 form, it can be sent separately.
If your form does not include all of the information noted above, you should get
in touch with your creditor or court as
soon as you can.