CCJ Removal By Consent

xlnc99

Hi folks,

Will keep this thread to update you on the progress for anyone else who is in a similar situation or looking to get a CCJ removed.

Ive applied for two CCJs to be removed by consent, both parties have agreed and forms have been sent. Its not a guarantee and its likely it could be not upheld. If that is the case i will be applying for a set aside.

Has anyone got a CCJ removed by consent?

Willing2Learn

xlnc99 wrote: »

...Ive applied for two CCJs to be removed by consent, both parties have agreed and forms have been sent...

Hi xlnc99,

I have to ask, what is the argument you provided to your creditors that have led them to agreeing to 'remove' the applicable CCJs?

xlnc99

Hi,

Well after speaking to solicitors and reading various material when it comes to a consent form there is no argument needed. Just a consent form signed by both parties waiving the judgement. However, it does depend if the judge grants it.

i will add the CCJ are active so i did confirm debts will be paid if removed and that was written on the consent form.

i will also add when speaking to the creditors i informed them i did not receive the judgement so was not aware of it

Willing2Learn

xlnc99 wrote: »

Well after speaking to solicitors and reading various material when it comes to a consent form there is no argument needed. Just a consent form signed by both parties waiving the judgement. However, it does depend if the judge grants it.

What happens to the 'Set Aside' fee? Or is that not applicable?

Also what happens to your name being on the 'Register of Judgments, Orders and Fines'? And the negative entry on your credit file, will that be removed too?

xlnc99

There are two fees. Anyone who wants to go down the route of removing a CCJ there is two methods. The first is a consent order form. Basically you and the party who took the judgement sign a form waiving the judgement. Its as simple as that. There are few standard bullet points that are put in the form but its universal and general. You then send this with a N44 form filled out, again only the basics. Nothing is needed to be written. You can write some stuff on the witness statement box if you wish to help your claim but there is no need as its a consent order. This process cost £100.

This is then seen by a judge who decides if it is removed or not. You do not need to go to court or any hearing. Its basically on someones desk. Generally speaking it should be granted but i hear of cases that its being rejected as the judges believe people are doing just to better their credit score. So its 50/50 if it gets granted or not.

If granted then the CCJ will be removed from your file and like it has never existed

IF this method fails then you apply to set it aside. That costs £255 and is more complicated as you need a good reason why you want to set it aside and have to proove it. I.e you were away when you got the post, hospital, medical conditions, personal circumstances etc etc

Dont quote me on this but i belive this will be heard at a hearing. However, if you have a strong case then the chances are the other side will usually not turn up or just before the hearing date write to agree in which case the judgement is removed from your file.

So if everything goes well then all negative entries will be removed from either method

Willing2Learn

Something for you to read:
https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim/1477869-ccj-set-aside-help-please

xlnc99

legal beagles is a very good source of information. I got alot from there.

Just to clarify - this is by no means guaranteed success. In my cases i dont think it will be as i left it too late. Its not a sure thing.

[Deleted User]

It’s not “basically this” and “simple as that”.

Again just because you’ve read something online or Jimmy Krankie had it done doesn’t mean the same applies to you or anyone else for that matter.

Stop wasting money you don’t have and judges and other people’s time.

xlnc99

It actually is as simple as that.....

boo_star

You really do live in a fantasy land.

LordSmug

xlnc99 wrote: »

Hi folks,

Will keep this thread to update you on the progress for anyone else who is in a similar situation or looking to get a CCJ removed.

Ive applied for two CCJs to be removed by consent, both parties have agreed and forms have been sent. Its not a guarantee and its likely it could be not upheld. If that is the case i will be applying for a set aside.

Has anyone got a CCJ removed by consent?

xlnc99 wrote: »

Hi,

Well after speaking to solicitors and reading various material when it comes to a consent form there is no argument needed. Just a consent form signed by both parties waiving the judgement. However, it does depend if the judge grants it.

i will add the CCJ are active so i did confirm debts will be paid if removed and that was written on the consent form.

i will also add when speaking to the creditors i informed them i did not receive the judgement so was not aware of it

Looking forward to your attempts to convince the court you have a realistic chance of successfully defending these judgements.

:rotfl: