Small Claim’s Mediation + CCJ 13 January 2020 at 9:00PM edited 30 November -1 at 12:00AM in Credit File & Ratings 19 replies 732 views

JamesHand

A claimant has filed a CCJ against my name and I have been sent an N180 to complete by the court. If I go down the small claim’s mediation service route and, in the mediation, can we agree to remove the CCJ as part of my agreement with the claimant?

I am not asking for legal advice, but I am asking if it is possible to remove the CCJ against my name (providing the claimant agrees) or would this just show as the CCJ has been settled. If this the case, can you confirm that taking this to court would be the only way to remove the CCJ against my name (as the CCJ was issued in November 2019 i.e. over 1 month).

JamesHand

Please also note, I have already submitted an N244 and the N180 was a follow-up request by the courts.

sourcrates

Hi,

You can ask anything you like, they can only say no.
I would expect them to want full payment from you in order to agree to those terms.

JamesHand

Happy to pay it off in full as it was a petty amount and it's costing me more not being able to renew my mortgage in interest alone!

Just to confirm, what would that process be to set aside the CCJ at mediation? The reason why I wanted clarity on this is that I have read (arguably too much) but that CCj can on be set aside at court. I am assuming this statement would be incorrect if it can happen at mediation?

Thanks sourcrates for your quick response. Really appreciate it.

twhitehousescat

judges do not like to hear "Happy to pay it off in full as it was a petty amount and it's costing me more not being able to renew my mortgage in interest alone!
"

ie credit cleaning for your own gain , the amount should have been paid earlier not when it affects YOU

JamesHand

I will most certainly not say that in court and the question in hand is regarding Mediation services (rather than what the courts can do). I am fairly confident that the court would revoke the CCJ, however I need to evaluate the impact to me waiting an extra few weeks as being on a variable rate is charging me a fortune (compared to paying the CCJ in full and remortgage).


The question I wanted to clarify - Does the claimant/mediate have the authority to set my CCJ aside as part of a small claim mediation service?

BoGoF

Isn't it a bit late for mediation if the CCJ has been granted?

I would have thought your only option was to pay the debt and apply for set aside with consent ofvthe creditor.

JamesHand

I have made an application to set aside and the courts have asked if I would like to use mediator services.

Does the claimant/mediator have the authority to set my CCJ aside as part of a small claim mediation service agreement?

BoGoF

Having looked at the N180 form, I think you are misunderstanding why it has been issued. N180 is a Directions questionnare. Part of it says you should try and settle before court and that's where mediation comes in. Your case has already been settled and the CCJ granted so you can forget mediation and complete the form accordingly.

Why are you 'fairly confident' you would win your set aside. Were you notified of original hearing?

JamesHand

OK make sense and thanks BoGoF. Correct, this is a directions questionnaire which if we settle through mediations, would the CCJ (that has already been granted) be revoked ....or would this just say it has been settled on my credit scores and stay for 6 years?

They've made a typo with my personal information (which has meant I did not receive any follow up from the courts) and hence feel that I am in the right to get the CCJ revoked and re-issued to the correct information (at the very minimum...which I will obviously settle in 30 days worse case) ...but I want to expedite the situation through mediation and want the CCJ cleared from my files completely. Does that make sense and would mediation be appropriate based on my goal of clearing the CCJ from my record?

BoGoF

You are not listening......the mediation ship has sailed, the claimant has bern granted the CCJ. Why would they be interested in mediation?

You will need to argue for set aside at court. I would advise you pay the debt now....why haven't you. It won't help your case.