Specialist information for UK homeowners with adverse credit

Specific situation · CCJs

Remortgaging with a CCJ against your business

Whether a business CCJ affects your remortgage often comes down to how your business is structured.

In short

  • A CCJ against a limited company is generally a debt of the company, not of its directors personally.
  • A personal guarantee can make a director personally liable for a company debt, including any resulting CCJ.
  • A sole trader and their business are the same legal person, so a business CCJ for a sole trader is a personal one.
  • Directors and sole traders may also need to explain how their income is affected if the business itself has struggled.
  • Updated
  • General information, not advice

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A judgment against a limited company is a debt of that company, recorded against it rather than against you personally, and should not appear on your own credit file unless something else connects you to it, such as a personal guarantee. A judgment relating to a sole trader business is different, because a sole trader and their business are the same person in law, so the CCJ is personal.

This page looks at how business structure changes what a CCJ means for you personally, and what a lender or adviser will want to understand. For a personal CCJ generally, see remortgaging with a CCJ. If your income is from self-employment, see self-employed with bad credit.

On this page

This page covers

Credit issue
County court judgments (CCJs)Usually stays on your credit file for 6 years from the judgment date.
Employment
Company directorSome lenders look at salary and dividends, others at your share of company profit.

Read the main guide: Remortgaging with a CCJ

In short

  • A CCJ against a limited company is generally a debt of the company, not of its directors personally.
  • A personal guarantee can make a director personally liable for a company debt, including any resulting CCJ.
  • A sole trader and their business are the same legal person, so a business CCJ for a sole trader is a personal one.
  • Directors and sole traders may also need to explain how their income is affected if the business itself has struggled.

Is a CCJ against your company the same as one against you?

A limited company is a separate legal entity from the people who own or run it. A CCJ against the company is recorded against the company, usually visible on a business credit check rather than your personal credit file, and it is the company, not you personally, that owes the debt.

How a business CCJ is generally treated, depending on structure
Business structureWho the CCJ is againstEffect on your personal credit file
Limited company, no personal guaranteeThe companyShould not appear on your personal file
Limited company, with a personal guaranteeThe company, and you personally if the guarantee is called onCan appear on your personal file if you become liable
Sole traderYou personally, since you and the business are the same in lawAppears on your personal file in the normal way
PartnershipUsually the partners personally, depending on the type of partnershipMay appear on the personal files of the partners involved

General position only. If you are unsure how a specific judgment has been recorded, check with the creditor or a solicitor.

When does a personal guarantee change things?

Lenders and some suppliers commonly ask a director to give a personal guarantee before extending credit to a small or newer company. This means that if the company cannot pay, the creditor can pursue the director personally instead, or as well. If a company debt with a personal guarantee ends up as a CCJ and the guarantee is called on, that judgment can end up against you personally, showing on your own credit file.

If you have given personal guarantees for business borrowing, it is worth checking exactly what they cover and whether any are currently at risk, since this can affect your personal position even while the company itself continues trading normally.

Sole traders: why a business CCJ is a personal one

A sole trader is not a separate legal entity from the person running the business. There is no company standing between you and the debt, so a CCJ relating to your sole trader business is, in law, a CCJ against you. It will show on your personal credit file in the same way as any other judgment, and the general position on remortgaging with a CCJ applies.

Partnerships sit in between

In an ordinary partnership, the partners are generally personally liable for partnership debts, so a CCJ relating to the partnership can affect the partners individually. A limited liability partnership works more like a company. Check which type applies to you.

What a lender or adviser will want to understand

Beyond the CCJ itself, a lender assessing a director or sole trader will usually want a clear picture of the business, especially if the judgment suggests it has had a difficult period.

  • Whether the CCJ is against the company, a personal guarantee, or you as a sole trader
  • The current trading position of the business, not just the CCJ itself
  • How your income is evidenced, for example accounts, tax calculations or dividends
  • Whether the judgment has been paid, and by whom

Self-employed applicants often face extra paperwork requirements regardless of any CCJ, and our page on self-employed with bad credit covers what lenders commonly ask for.

What lenders may look at with a business-related CCJ

What lenders may look at with a business-related CCJ
FactorWhy it matters
Legal structure of the businessWhether it is a limited company, sole trader or partnership sets who the CCJ actually belongs to.
Personal guarantees givenWhether you have personally guaranteed any business borrowing, and whether a guarantee has been called on.
Whether the CCJ shows on your personal fileA company-only judgment should not appear on your own credit report unless you become personally liable.
Trading position of the businessWhether the business is trading normally now, particularly if income comes from self-employment.
How income is evidencedAccounts, tax calculations, dividends or retained profits, depending on how you are set up.
Personal credit history otherwiseAny personal CCJs, defaults or missed payments separate from the business.
Loan to value and affordabilityThe usual factors alongside anything specific to a business-related judgment.

These are general points, not lender rules. Each lender sets and changes its own criteria.

Information an adviser may ask for

You don’t need all of this to make an enquiry. It helps to know where to find it, because an adviser is likely to ask about most of it.

  • Confirmation of whether the CCJ is against the company, a personal guarantee, or you personally
  • Details of any personal guarantees given for business borrowing
  • Recent business and personal credit checks, if available
  • Business accounts or tax calculations to evidence your income
  • The judgment date, amount and current status
  • Your mortgage balance, deal end date and an estimate of your home’s value

Frequently asked questions

Will a CCJ against my limited company show on my personal credit file?

Usually not, unless you personally guaranteed the debt and the guarantee has been called on, or you are personally liable for some other reason. A company CCJ is generally recorded against the company itself.

I am a sole trader. Is a CCJ for my business the same as a personal one?

Yes. A sole trader and their business are the same legal person, so a CCJ relating to the business is a CCJ against you personally, and it will show on your own credit file in the usual way.

What if my company CCJ affects my mortgage application even though it is not on my personal file?

A lender may still ask about it if you disclose it or if it comes up through other checks, particularly for a director whose income depends on the company. Being upfront about a company CCJ and the current state of the business usually helps an adviser present your case.

Can a personal guarantee be called in after the company debt becomes a CCJ?

Yes, depending on the terms of the guarantee. If it is called on, you can become personally liable for the debt, and a judgment could then be pursued against you individually. Check your guarantee documents if you are unsure.

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Your home may be repossessed if you do not keep up repayments on your mortgage.