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HMRC internal manual

Debt Management and Banking Manual

From
HM Revenue & Customs
Updated
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CCP: action after judgment obtained: certificates of satisfaction or cancellation

Request for certificate of satisfaction or cancellation

Once the judgment debt has been paid, the judgment debtor is entitled to apply to the court for a certificate of satisfaction or cancellation (form N441A) that can be used to prove to a lender that a judgment debt has been paid. Fee number 2.10 (DMBM668770) is payable by the judgment debtor.

In CCBC cases, you should have already advised the CCBC that the claim has been settled.

The court may send you form N441 (Notification of Request for Certificate of Satisfaction or Cancellation). If you wish to object to the issue of a certificate of satisfaction or cancellation you must do so by writing to the court within one month of the date shown on the form. (This content has been withheld because of exemptions in the Freedom of Information Act 2000)

  • (This content has been withheld because of exemptions in the Freedom of Information Act 2000)
  • (This content has been withheld because of exemptions in the Freedom of Information Act 2000)
  • (This content has been withheld because of exemptions in the Freedom of Information Act 2000)
  • (This content has been withheld because of exemptions in the Freedom of Information Act 2000)
  • (This content has been withheld because of exemptions in the Freedom of Information Act 2000)

Exceptionally the court may make such requests by telephone.

Court action

On receipt of confirmation that a judgment debt is satisfied (or if you fail to reply)

  • if the judgment debt was paid within one calendar month from the date of judgment, the court will ask Registry Trust Ltd to delete the entry from the register and issue a certificate of cancellation.
  • if the judgment debt was paid more than one calendar month from the date of judgment, the court will ask Registry Trust Ltd to mark the register ‘satisfied’ and issue a certificate of satisfaction.

Multiple defendants

Where two or more defendants are found jointly and severally liable for a debt, the procedure for issuing certificates of satisfaction or cancellation depends on whether judgment was given against all the defendants at the same time.

If it was, only one certificate is issued regardless of the number of defendants. If one of the defendants shows that judgment has been satisfied then the liability of the other(s) is also automatically satisfied.

If judgment was made at different times, judgment is registered separately against each defendant. If one of the defendants shows that judgment has been satisfied then the liability of the other(s) is also automatically satisfied. A separate certificate must be issued for each defendant.

Certificate of satisfaction or cancellation incorrectly issued

If, for whatever reason, you discover that a certificate of satisfaction or cancellation has been issued and the judgment debt has not been paid in full, inform the court in writing immediately and ask that the case be re-registered (the judgment debtor has a right to object).