County Court Judgements Explained
Having a County Court Judgement or CCJ issued against you will have a severe impact on your credit rating, as it signifies that you have had serious problems paying back a loan or other form of credit, to the extent where your creditor has had to take court action against you to try and recover the debt.
If you get into arrears and fail to come to a repayment agreement, your creditor may decide that pursuing a CCJ is the only option. The first you'll hear about it is when you receive a 'Claim Form' through the post, sent to you by the county court. This form will set out the details of the claim, including who the creditor is and how much they say you owe them.
If you were unaware of the debt, for instance if you'd moved house and lost contact with the creditor, then repaying the full debt now will stop proceedings going any further. If however you can't clear the debt, then you should fill out an 'Admissions Form' which will also have been sent to you.
This form asks for information about your income and expenses, which the court will take into account when hearing your case. The Admissions Form should be returned within 16 days of the postmark it holds, although if you intend to dispute or defend the claim then you can apply to have the hearing delayed an extra 14 days in order to prepare your defence.
Once you've filled in these forms and returned them to the court, there will be a simple hearing carried out in private. You don't have to attend the hearing so long as you've completely filled in the necessary forms, or unless you wish to dispute aspects of the claim.
At the hearing, the court will objectively review the claim and the information you've provided, and come to a decision about the amount of money (if any) you owe, and how it should be repaid. It's important to note that no one is being found 'guilty' or 'innocent' here, the court is simply trying to fairly resolve a civil financial dispute.
If the decision upholds the claim against you, then the court order or CCJ is issued. Even at this stage you can stop the damage to your credit record, as you'll have one month from the date of the court hearing to repay the debt in full to stop the CCJ being put on record.
After a month, the CCJ will be entered on to the Register of County Court Judgements, and from there it will make its way onto your credit files held by the various credit reference agencies.
The presence of one or more CCJs on your credit file will effectively close off most kinds of finance to you, as most lenders will be very reluctant to advance credit to people in these circumstances. Once, however, you've cleared the debt, then the judgement will be marked as 'satisfied', and while this will not remove it from your record it is a lot less harmful to your credit worthiness than an uncleared CCJ.
If you have a CCJ on your record, you might be tempted by companies promising to remove it and clean up your rating. Unfortunately, this is only feasible in a few cases. Sometimes, the CCJ is entered on to your record by mistake even though you cleared the debt within the one month time limit. If this has happened then you have the right to have it removed from your records.
The only other ways to have a CCJ removed is to show that there was something wrong with the way in which the judgement was awarded. If, for example, you didn't receive the initial Claim Form, and you were unaware of the proceedings, then you didn't have the chance to defend yourself and so the judgement is invalid.
In these circumstances, you can apply to the court to 'set aside' the judgement and it will be removed from your file, with the whole process starting again with a new claim and hearing. Any attempt to gain a 'set aside' without a reasonable argument could be seen as wasting the court's time, with all the legal penalties that would entail.
If you receive a Claim Form through the post, it's important not to panic. Although a CCJ against your name is harmful to your credit rating, it isn't a criminal matter and won't lead to further action such as repossession of your home or bankruptcy. The CCJ procedure is there so that the court can help to resolve your debt in a way that is fair to both you and your creditor.
About the author: Nicholas Hunt is a contributing writer at 1Stop Finance, where you can read more about CCJs and other aspects of bad credit finance.
French homes why buy them?
Copyright 2006 Nicholas Marr
Overseas property investors have a choice of homes from emerging markets and are spoilt for choice for investment opportunities. Well that is what the industry believes so why is France still so popular as a place to buy property.
Stability in the housing market
France still offers investors a good opportunity to benefit from its rising property values. It is fortunate to have a housing market which is stable. Its consistency is set to continue for years to come. Low French property prices are still an attraction and the prospects of strong growth are reassuring for the overseas property buyer. France still offers investors a good opportunity to benefit from its rising property values.
Brilliant communications make it easy to get to
French property is very easily accessible and has so many different ways to reach its shores. Most people can easily get there. and get there cheaply. France is famous for its efficient transport system including its high speed trains which go to most regions. The Channel offers ferries and the Euro Star from the UK. Low cost flights are becoming even more widespread flying into some previously hard to reach regions in France. French lifestyle comes with buying a home in France
You are not only buying a French home
Many buyers love the French way of life and this comes as an added bonus when buying a home in France. Buying a French property is more than just bricks and mortar it gives the owner a chance to immerse themselves in the good things in life. Good food drink and relaxation surrounded by beautiful scenery and a relaxed way of life.
Buying property in France the legal process
Unlike many regions France has an established legal process that has been tried and tested over the years. Many view the legal process as relatively safe one. This security increases when you employ legal representatives that specialise in French property.
The French like to rent
Overseas property investors like France but why? Buying property as an investment is made easier as France is a nation of renters. There is always a good supply of tenants available. Buying in the busy areas will almost guarantee that you will let out your investment property
A choice of locations all in one country.
The overseas buyer can experience continental heat mountain snow and maritime living all in one country. The size and location of France offers the buyer a unique choice of housing and location. This will prove to be why France will remain top of the agenda for those looking to buy abroad
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Nicholas Marr is a life time overseas property investor and CEO of Marr International Ltd. His company run one of Europe's fastest growing overseas property web sites at http://www.homesgofast.com
First Time Buyers – Getting On The Property Ladder
Getting a foothold on the property ladder is not easy – particularly these days with property prices above the amount most people's salaries can cover.
Reports from the property market show that the age of first time buyers has increased in recent years as younger people struggle to get a mortgage. Some first time buyers struggle to cover all the costs of buying, and often hadn't anticipated all of the extra costs beforehand. There are some solutions to these problems, however.
The market is responding to the needs of first time buyers and can offer special types of mortgage and extra support. If you mention to your lender or advisor that you are a first time buyer, they will offer advice specifically for your situation.
No Deposit?
Finding 10% of your mortgage is no mean feat. Younger people often don't have the savings to put down a deposit, and have to borrow the money. There are 100% mortgages available for those unable to find the cash deposit, or mortgages where you provide just 5% of the total amount. Unfortunately many of these mortgages apply charges (Higher Lending Charges) and have less flexible terms than other mortgages.
Salary Not High Enough?
If your salary doesn't qualify you to take out a large enough mortgage, you may want to look at guarantor mortgages. Basically, someone who is more financially secure (often a parent) will undersign your mortgage agreement, promising to honour the debt should you fail to meet repayments. This type of mortgage is often chosen by students, who either then pay 'rent' to the guarantor, or pay the mortgage directly to the lender. The guarantor should be totally clear about the responsibility they are undertaking, and it's a good idea to have a legal document written up laying out all terms of the agreement.
Share The Cost
You may want to consider taking out a joint mortgage. This doesn't just apply to couples – two or more people can enter a partnership and apply for a mortgage together. Normally a bank will pay up to 3.75 times the largest salary plus the amount of the second salary. If you choose to undertake a joint mortgage you should have a legal agreement with the person you are going into partnership with. All the terms should be clearly understood by all parties, and the paperwork should be processed by a solicitor.
Joe Kenny writes for the UK Loans Store where you will find information and reviews of the latest loans and offer more information on personal loans and other loan topics available on site.
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