A County Court Judgment (CCJ) can have serious consequences for your financial health and creditworthiness. Whether it affects your ability to secure a mortgage, obtain credit, or even impacts job prospects, a CCJ—particularly one issued in error—can cause significant stress and disruption. Naturally, if a CCJ has been wrongly attributed to you, you’ll want to have it removed as soon as possible.
This article focuses on the legal steps involved in removing a CCJ that has been issued in error—such as when it relates to someone else or has been mistakenly recorded against your name. It does not cover scenarios where you dispute the amount owed or the underlying debt itself.
When You First Discover the CCJ
In many cases, individuals only become aware of a CCJ when it is brought to their attention—perhaps following a rejected credit application or when checking their credit file through a credit reference agency.
A CCJ is a form of personal data held about you, and as such, it is regulated by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Organisations that hold this information—such as credit reference agencies—are legally required to ensure the accuracy of the data they maintain. If the CCJ is incorrect, you have legal avenues available to seek its correction or removal.
Your Legal Rights
Under the UK GDPR and the Data Protection Act 2018, individuals have a right to request the rectification or erasure of personal data that is inaccurate or misleading.
If you believe the CCJ recorded against you is wrong, you are entitled to contact the organisation holding that data and request that it be corrected or removed. This could be the credit reference agency, or the original creditor or data controller responsible for reporting the judgment.
If the organisation refuses to act on your request—or simply fails to respond—you have the right to apply to the Court for rectification or erasure of the data.
Crucially, the burden of proof is on the data controller to demonstrate that the information they are holding is accurate. However, in any court application, it’s still important that you gather and present any evidence you can to show that the CCJ does not relate to you. Examples may include identity documents, proof of address, or communications demonstrating a case of mistaken identity.
Taking the First Step: Writing to the Organisation
Before going to court, your first step should be to write to the organisation responsible for holding your data and formally raise your concern. Your correspondence should clearly set out why the information is inaccurate and refer to your rights under the UK GDPR and Data Protection Act 2018.
It is advisable to seek legal advice at this stage. A solicitor can help ensure your request is correctly framed and that the relevant legal principles are cited effectively to strengthen your position. Some organisations don’t quite understand their legal obligations when it comes to data, so it’s important these are referred to.
What if the Organisation Fails to Act?
If your request is ignored or rejected without proper justification, you may then consider issuing court proceedings. This would be an application to rectify or remove the inaccurate data from your credit record on the grounds that it is incorrect or untrue.
This process involves legal and evidential complexities, so seeking professional legal representation is highly recommended.
Conclusion
An incorrect CCJ can have long-term consequences, but if it does not relate to you, there are clear legal routes available for its removal. If you find yourself in a similar situation, our solicitors can help you navigate this difficult time.
Reach out to our litigation specialists for expert advice. Call us on 0113 216 5507 or request a callback online.
AUTHOR
Wakash Waheed
Partner and Head of Civil and Commercial Departments
Whiterose Blackmans Solicitors LLP, Diamond House, 116 Brudenell Road, Leeds, LS6 1LS