CCJ Removal by consent - Lowell

DCFC79

welly_59 wrote: »

That’s not true at all. There are numerous posts on this subject on this very forum

Could you direct us to the posts ?

DCFC79

Post 2 here says it cant be done
http://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim/64914-can-you-get-a-ccj-removed


Maybe you should ask on legalbeagles.

If your insistent your right then go ahead and ask for it to be removed.

welly_59

DCFC79 wrote: »

Could you direct us to the posts ?

https://forums.moneysavingexpert.com/discussion/5807101/ccj-set-aside-by-consent-advice-required

https://forums.moneysavingexpert.com/discussion/5715155/ccj-set-aside-lowell

https://forums.moneysavingexpert.com/discussion/5841812/ccj-set-aside-tomlin-order

https://www.consumeractiongroup.co.uk/forum/showthread.php?474023-CCJ-set-aside-hearing-consent-order

http://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim/102116-claimant-agreed-to-set-aside-what-next

https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/

[Deleted User]

At least 50% of those posts haven’t confirmed success or not.

They’re not obliged to set it aside - at the end of the day it’s an accurate record of what happens with your credit files

GM1880

Having spent a lot of time getting a CCJ removed earlier this year I feel I know a fair bit about how the system works. Just by paying it off you’re highly unlikely to get it removed without any other good reason (e.g. it was applied for incorrectly). And I would go so far as to say zero chance of getting it removed simply because you promise to pay it AFTER they remove it.

Ultimately a CCJ has been sought because you (and I) had failed on a similar promise to pay back the debt for one reason or another. So it’s understandable a similar promised would not be looked on favourably.

ciderboy2009

Even if you manage to get Lowells to agree to a consent order you still need to get the court to approve it.

In all of my years working in the County Courts consent order applications such as this were always refused unless there were other valid reasons to set aside the CCJ.

Because of this you would more than likely find that Lowells would only commit to using 'best endeavours' to have the CCJ removed. However, I would be surprised if they even went that far - 16 months to pay off a debt is no time at all to them.

macman

welly_59 wrote: »

Because they would get the money immediately rather than in a years time

Correction: they might get the money immediately. You said you wanted it removed first, so they're relying on you to then pay it off. Since you've already failed to pay enough times to incur a CCJ, why would they believe you now?
What you are being told is not negativity, but reality. You don't have any leverage. As long as you continue paying it off, they're happy.