CCJ set aside

Simonsays69

There will be a lot of ifs with this one.

If you have a CCJ is this theoretical possiable.

I have a CCJ that's a year old. If i where to be able to get the company to agree. And file a Set Aside notice (think this what it's called), the CCJ is removed..
You go back to court and do it again, but this time pay it off within the 28days.

Will the CCJ dissappear completely, ?

Lot of ifs. But, theoretical possiable ? Or is it a technicality that just won't fly

Arleen

In theory, sure. In practice, why would they agree to have to pay court costs all over again?

sourcrates

Simonsays69 wrote: »

There will be a lot of ifs with this one.

If you have a CCJ is this theoretical possiable.

I have a CCJ that's a year old. If i where to be able to get the company to agree. And file a Set Aside notice (think this what it's called), the CCJ is removed..
You go back to court and do it again, but this time pay it off within the 28days.

Will the CCJ dissappear completely, ?

Lot of ifs. But, theoretical possiable ? Or is it a technicality that just won't fly

Simon says think again if I were you lol

Too costly to the creditor, unless we are talking a large amount of money, then they may be willing to play ball, but it's highly unlikely.

Simonsays69

"In theory, sure. In practice, why would they agree to have to pay court costs all over again?"

As I said a lot of ifs.

If the end game is possible, then it might be worth doing. Or trying.

Why would they, well if you were paying a small amount a month, but offered full and final payment if they agreed to setting it aside...

If, if then end game is zero CCJs on the record, then it maybe worth trying. Because there's nothing to loose. And everything to gain.

But is there a precident, is it technically possible.

Arleen

What precedent? As you've found out yourself, they can agree to a set-aside and then it's gone, like it never existed.

As long as you keep paying on the account, what are they reason to take less money? You cost them nothing right now, make payments, and they already went through the trouble and expense of getting CCJ. Settlement for less is either before CCJ, but after selling the debt, or when they realize that they cannot squeeze water out of a rock after going for the CCJ and are willing to cut their losses.

So to get an offer you would have to stop paying, break rules of your CCJ (as I imagine that this is what defined the payments you are making) and hope that they will not just go to enforcement. You have to understand that for them to recall the CCJ the actual cost would be in thousand+ pounds, and they won't give it for no reason.

Simonsays69

No, that not what I am suggestion.

Ok so let say the ccj is for 1000, and the monthly payments are 50 as an example. so almost two years to pay off
The ccj stays on the account for 6 years.

But, you propose to the company if they agree to set aside the ccj you will clear the account once done.
This leaves you with no CCJs and the company with there money in a lump sum in one go.

Lot of ifs. But end game could be beneficial. As for reasons, I believe there is sufficient reason to do this, it's just the outcome, getting the ccj to dissappear before the 6 years are up. And if the proposal, the idea of using the set aside avenue is theoretical possiable.

Yes or no.

Simonsays69

It's all about getting rid of the ccj off the credit file before the 6 years is up. And the options open.

Simonsays69

What I mean by set aside is for this to go back to court to redo the process, so if you get it back to court on a technicality, everything resets. Then you get the 28 day window to pay the ccj to keep it off the file.

By missing out on the first 28 day window, this "idea" potential allows a reset, a second chance for a second 28 day window. To clear the account.

MEM62

As far as I am aware, a set aside not only requires a compelling reason as to why the original judgement should not have been granted but you also need a reasonable case for defending the claim when it is re-heard.

I doubt that any court will grant a set aside just so that another judgement can be entered and the debt cleared promptly just for the purposes of removing the whole affair from your credit history.

Ain't gonna happen.

Simonsays69

I am not concerned about those two elements, as I believe I have sufficient reason to deal with both of those. My question is about the end part, there are a lot of ifs.
If the company agrees
If the court says yes
If that happens then will the outcome be as I suggested. ?

it might not be easy, it maybe hard to get each of those involved to sing from the same sheet. But if the outcome is as desired, it might be worth it.

Richey_

If I was your creditor and you essentially admitted that you had the money but were refusing to pay it and were trying to blackmail me, I would seek legal advise as to ways to make you pay sooner i.e. Escalation to high court or consideration of a bankruptcy petition to force you to hand over this money.