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Small Claim’s Mediation + CCJ
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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).
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).
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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.
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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.
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ie credit cleaning for your own gain , the amount should have been paid earlier not when it affects YOU
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?
I would have thought your only option was to pay the debt and apply for set aside with consent ofvthe creditor.
Does the claimant/mediator have the authority to set my CCJ aside as part of a small claim mediation service agreement?
Why are you 'fairly confident' you would win your set aside. Were you notified of original hearing?
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?
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.