Has anyone successfully had a CCJ removed by consent?

bradders1983

MalMonroe said:

For some free advice you could look at StepChange's very comprehensive page about CCJs. 

 https://www.stepchange.org/search-results.aspx?search=ccj

Or you could even call them and have a chat. It's a free number so you really can't lose. 

• 0800 138 1111 Monday to Friday 8am to 8pm and Saturday 8am to 4pm

They also have a webchat service during the week & Saturdays.

The people at StepChange really know their stuff and they aren't judgemental. Which sadly can't always be said of peeps on here (as you have discovered).

What on earth? What does the OPs dilemma have to do with Stepchange? Nowhere has he said he is currently in financial dire straights, he just wants to dodge a CCJ because HE (and he alone) didnt tell a debtor about a change of address and then, for a reason currently unexplained, stopped paying them.

phillw

dyrm95 said:

Given that myself and the claimant is agreeing for the judgement to be cancelled, how likely is it that the judge will actually cancel it or set it aside?

It's entirely random
https://www.thisismoney.co.uk/money/guides/article-3798933/Don-t-let-debt-ruling-knew-ruin-life-year-900-000-county-court-judgments-handed-s-fight-them.html

dyrm95

Hi all, apologies I didn’t see the notifications for replies. I do owe the money and I’m happy to make payment but I was annoyed that I didn’t receive notice or a chance to defend myself. I went to see a solicitor for advice and have realised that the address format on the judgement is incorrect. I lived in flat 4 of a building at the time and the judgement satiated flat 2-5, so it could have gone to either addresses. My solicitor is working on a set aside.

dyrm95

Thrugelmir said:

Rather than waste money on a solicitor use it to repay the debt. 

You’re a bit of an !!!!!!. It’s difficult enough being in this situation without the arrogance of randoms on a money advice thread.

PixelPound

If the Claimant has no objection to you setting it aside, then that means once you apply and the Court will write to the Claimant, so if you are paying the debt (I assume that's why the Claimant are not objecting) they will simply write to the Court and state they have no objections rather than bear the costs of sending someone to it.

Of course you still need to show evidence to the District Judge as to why it should be set aside - they are well aware of Credit Washing applications.

xlnc99

Having had A CCJ removed by consent in the past year, my advice is to look at leagle beagle forum. They are pretty good and give clear advice on this stuff and especially moving a CCJ by consent.

In a nutshell you and the claimant need to fill out a form i believe its a N44 or something. It cost £100 and not more then that as you are doing a consent order. You both need to sign the form and send it to the court. You dont really need to give too much information or evidence on the form as long as it confirms both parties consent for the CCJ to be removed. There are a few templates around, i did not go through a solicitor and did it myself.

balespeter

Hi,
I don't believe you can get it set aside.

dyrm95

xlnc99 said:

Having had A CCJ removed by consent in the past year, my advice is to look at leagle beagle forum. They are pretty good and give clear advice on this stuff and especially moving a CCJ by consent.

In a nutshell you and the claimant need to fill out a form i believe its a N44 or something. It cost £100 and not more then that as you are doing a consent order. You both need to sign the form and send it to the court. You dont really need to give too much information or evidence on the form as long as it confirms both parties consent for the CCJ to be removed. There are a few templates around, i did not go through a solicitor and did it myself.

Hi, thanks for the info. I have paid a solicitor to deal with the issue. I currently work full time in the NHS and my hours are erratic at the moment.

My solicitor has started the process and drafted a consent order to send off. They have advised that this does not always work, in which case they will file an applicator to set the judgement aside. The address on the judgement does not strictly match my address at the time so I’m hoping that will be enough. I can’t deny that I was in financial difficulty at the time - I was. I’m now doing pretty well having been in my career for the last few years and financially stable. I have a deposit for a house aside and everything else is good. The only reason I did not resume to pay this £300 debt was because the creditor would have no incentive to participate with the consent order.

dyrm95

bradders1983 said:

MalMonroe said:

For some free advice you could look at StepChange's very comprehensive page about CCJs. 

 https://www.stepchange.org/search-results.aspx?search=ccj

Or you could even call them and have a chat. It's a free number so you really can't lose. 

• 0800 138 1111 Monday to Friday 8am to 8pm and Saturday 8am to 4pm

They also have a webchat service during the week & Saturdays.

The people at StepChange really know their stuff and they aren't judgemental. Which sadly can't always be said of peeps on here (as you have discovered).

What on earth? What does the OPs dilemma have to do with Stepchange? Nowhere has he said he is currently in financial dire straights, he just wants to dodge a CCJ because HE (and he alone) didnt tell a debtor about a change of address and then, for a reason currently unexplained, stopped paying them.

Regardless of the change of address, the address on the judgement does not match the address I resided in at the time.

dyrm95

balespeter said:

Hi,
I don't believe you can get it set aside.

Hi,
Apologies I was looking constructive advice based on knowledge or past experience. Does your response relate to either? Or is it merely a gut feeling?