Can I get a settled CCJ removed from my credit file?

sourcrates

You can only apply to set aside a judgement granted in default, thats a judgement that was granted, and you had no chance to put in a defence, because you either didnt receive the court paperwork, or there was some other good reason why you did not respond.

Usually you need to be prompt, ie, within 14-28 days.

You cannot apply to set aside a judgement thats already been paid, except by consent, but as i said above, there is no benefit to the creditor to agree to this, except as a gesture of goodwill.

xlnc99

Thanks for the reply, so for example:

If i have a CCJ - Can i contact the claimaint to sign a consent form to waive the CCJ for whatever reason (i.e i didnt recieve the paperwork) in return for full payment within 14 days (if nothing has been paid yet) - Would that be enough for get the CCJ removed?

Michael23

I recently had a CCJ set aside, you can see my recent thread. I issued a N244 Notice to my local county court, there is a £255 fee (May be smaller) You have to pay, or you can get it for free if you have a certain income. In my case, I had a good enough reason to have it removed and that is why the company consented to avoid a court hearing. It is up to the company to consent for you to have the judgement removed or you can ask the court to remove it, which in your case, I doubt they will. My best advice would be to send your own consent order to the company with a covering letter and ask them to sign and return it and you file it at your local court. The company won't send you a consent order because they would have to pay a solicitor and why would they bother?

Quentin

xlnc99 wrote: »

Thanks for the reply, so for example:

If i have a CCJ - Can i contact the claimaint to sign a consent form to waive the CCJ for whatever reason (i.e i didnt recieve the paperwork) in return for full payment within 14 days (if nothing has been paid yet) - Would that be enough for get the CCJ removed?

It will if the claimant agrees. You don't need to give a reason when applying for a set aside by consent

You prepare the draft order for the claimant to sign and return to you to forward to the court with your application and £100 fee ,(the £255 you see mentioned refers to a set aside, not a set aside by consent (for which there's no hearing to attend)

Read up on this online so that you understand fully (some poor advice in this thread on this topic)

[Deleted User]

xlnc99 wrote: »

Thanks for the reply, so for example:

If i have a CCJ - Can i contact the claimaint to sign a consent form to waive the CCJ for whatever reason (i.e i didnt recieve the paperwork) in return for full payment within 14 days (if nothing has been paid yet) - Would that be enough for get the CCJ removed?

We already discussed at length on your own thread about that fact that you were trying to find "loopholes" to get out of debts and defaults that you know you owe.

So why should you get this CCJ removed?

xlnc99

Hi Micheal and Quentin - Thanks for your replies. I have read online about this many times and searched everywhere but i seem to be getting conflicting answers each time!!

Some say its impossible to get CCJ removed after 28 days consent or no consent. Others say if you get the claimaint to sign a consent form it can be removed. Some say even if both parties sign the consent form the judge may not removed the CCJ. Some say you need a good excuse and valid reason for it to be removed, i.e moved addresss. The list is endless, hence why i am confused.

If i could just clarify and be as simple as straightforward. Here is a situation:

I have a CCJ - no qualms or disputes about that and the CCJ is merited from an old credit card debt. CCJ is 6 months old and no payment has been made. CCJ was made from a debt company's solicitors. If i was to approach the company and say to them sign the consent form and payment will be made in full in 14 days and they agree. Will the CCJ be removed?

Is it as simple as that or is it more confusing

xlnc99

Michael23 wrote: »

I recently had a CCJ set aside, you can see my recent thread. I issued a N244 Notice to my local county court, there is a £255 fee (May be smaller) You have to pay, or you can get it for free if you have a certain income. In my case, I had a good enough reason to have it removed and that is why the company consented to avoid a court hearing. It is up to the company to consent for you to have the judgement removed or you can ask the court to remove it, which in your case, I doubt they will. My best advice would be to send your own consent order to the company with a covering letter and ask them to sign and return it and you file it at your local court. The company won't send you a consent order because they would have to pay a solicitor and why would they bother?

Thanks for your reply , i had a read of your thread. On the consent form you signed and the claimaint signed it was pretty straight forward from what i could read. There was no arguments or defence. It was as simple as both parties agree to set aside and removed the judgement. No reasons were given in the consent letter. IS this true? IF this is the case then did the judge not ask for a reason (i.e you moved house). Seems straightforward

Also - Are there any examples of consent forms around? What did you use word for word and where did you get it from?

xlnc99

Quentin wrote: »

It will if the claimant agrees. You don't need to give a reason when applying for a set aside by consent

You prepare the draft order for the claimant to sign and return to you to forward to the court with your application and £100 fee ,(the £255 you see mentioned refers to a set aside, not a set aside by consent (for which there's no hearing to attend)

Read up on this online so that you understand fully (some poor advice in this thread on this topic)

Thanks for the reply. As mentioned there is so many different opinions on this matter. I prepare a letter (draft order) for the claimaint to sign which states they will waive the CCJ etc (i.e a consent form for them to sign) and then forward that to the court. The court will just get it removed without listening to any reasoning why it should be?

sourcrates

xlnc99 wrote: »

Hi Micheal and Quentin - Thanks for your replies. I have read online about this many times and searched everywhere but i seem to be getting conflicting answers each time!!

Some say its impossible to get CCJ removed after 28 days consent or no consent. Others say if you get the claimaint to sign a consent form it can be removed. Some say even if both parties sign the consent form the judge may not removed the CCJ. Some say you need a good excuse and valid reason for it to be removed, i.e moved addresss. The list is endless, hence why i am confused.

If i could just clarify and be as simple as straightforward. Here is a situation:

I have a CCJ - no qualms or disputes about that and the CCJ is merited from an old credit card debt. CCJ is 6 months old and no payment has been made. CCJ was made from a debt company's solicitors. If i was to approach the company and say to them sign the consent form and payment will be made in full in 14 days and they agree. Will the CCJ be removed?

Is it as simple as that or is it more confusing

I doubt anyone can give you a definitive answer here, as its all down to the creditor agreeing with you, and the court agreeing with the creditor, no one can predict these two outcomes to any degree of certainty.

All you can do is get some legal advice before you do anything, Legal Beagles may be able to offer up a better understanding of the liklihood of success.

Quentin

xlnc99 wrote: »

Thanks for the reply. As mentioned there is so many different opinions on this matter. I prepare a letter (draft order) for the claimaint to sign which states they will waive the CCJ etc (i.e a consent form for them to sign) and then forward that to the court. The court will just get it removed without listening to any reasoning why it should be?

You really need to read up independently from here on what a set aside by consent is! (And what is involved!)


Despite some advice here to the contrary, most claimants only want their money, and don't want to see your credit status trashed for 6 years, and thus will consent.


But you usually need to do the paperwork after initially getting their agtreement, so that all is required for the claimant to do is sign their agreement!


Of course if they refuse, then this hasn't cost you anything in terms of court fees


You would obviously need to pay them in full the amount ordered in the ccj