Debt collector got a CCJ for a debt I never agreed to: who helps?

Summary

If a debt collector got a CCJ for a debt you never agreed to, you can ask the court to set aside (cancel) the judgment, especially if you never received the court claim or do not owe the money. You apply on form N244 to the court that made the judgment, and should act quickly. If a warrant of control has been issued, ask the court in the same application to pause enforcement. Call a free debt advice service the same day. Separately, complain to the collector and ask for proof of the debt. The Financial Ombudsman can look at how the collector treated you, but cannot cancel a court judgment.

Key information

• Set aside: you can apply if you did not receive the claim, or you do not owe the money. The court looks at whether you acted promptly.
• Form and fee: use form N244. A court fee applies, but you may get help with court fees.
• Enforcement: ask the court to suspend the warrant while your application is decided, and tell the enforcement agent you have applied.
• Proof of the debt: ask the collector for the original agreement, statements and the address used. Wrong personal details on the file are evidence too.
• Identity fraud: if someone else took out the contract, check your credit files and report it as fraud.
• Paying: paying in full within one month of the judgment removes it from the register. After that it shows as satisfied for 6 years. Get advice before you decide.
• Ombudsman limits: the Financial Ombudsman can look at the collector's conduct after you complain to it, but cannot overturn a judgment.
• A free debt adviser can: explain your options and help with the N244 and what to say, through National Debtline, StepChange or Citizens Advice; help you deal with the enforcement agent and protect essential goods. They will not represent you at the court hearing in most cases.
• The court can: hold a hearing on your N244 and decide whether to cancel the judgment. See cancel the judgment; pause enforcement if you ask and give a good reason. They will not give legal advice, or decide without a hearing you attend.
• The Financial Ombudsman Service can: review how the debt collector handled your dispute after you complain to it and get a final response or wait 8 weeks. They will not cancel a court judgment. Start at how to complain.

Practical guidance

• Call a free debt adviser today if a warrant of control has been issued.
• Get the claim number from the court or the judgment notice.
• Apply to set aside on form N244. Explain where you lived, why you did not get the claim, and why you do not owe it. Ask to pause enforcement.
• Write to the debt collector: you dispute the debt, ask for the agreement and statements, and ask it to hold enforcement.
• If it refuses or ignores you for 8 weeks, complain to the Financial Ombudsman.
• Check your credit files and report identity fraud if someone used your details.
• Ask the Shaman to map the steps and dates.

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