Has anyone successfully had a CCJ removed by consent?

[Deleted User]

dyrm95 said:

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.

Did you update the creditor with your correct address while you were paying? Also, if you admit you owe the debt, why should the judgement be set aside? Usually, a judge will only set aside if there is a dispute about the actual debt itself.

dyrm95

camelot1971 said:

dyrm95 said:

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.

Did you update the creditor with your correct address while you were paying? Also, if you admit you owe the debt, why should the judgement be set aside? Usually, a judge will only set aside if there is a dispute about the actual debt itself.

I wasn't aware that they had the incorrect address on file until the judgement appeared on my credit file. Even then I only realised it was incorrect when I looked into disputing it. I received a default judgement because I didn't respond to the notice. Surely sending it to the wrong address accounts for not responding to it.

I don't dispute owing the money. I dispute how the judgement was made - to an incorrect address, not an out dated or previous address. I don't expect the debt to go away. I expect the judgement to be set aside, the creditor can proceed to file a new one and I would receive notice. This would allow me to pay the sum owed and avoid the CCJ. That's how the process is supposed to work initially.

Yahoo_Mail

dyrm95 said:

camelot1971 said:

dyrm95 said:

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.

Did you update the creditor with your correct address while you were paying? Also, if you admit you owe the debt, why should the judgement be set aside? Usually, a judge will only set aside if there is a dispute about the actual debt itself.

I wasn't aware that they had the incorrect address on file until the judgement appeared on my credit file. Even then I only realised it was incorrect when I looked into disputing it. I received a default judgement because I didn't respond to the notice. Surely sending it to the wrong address accounts for not responding to it.

I don't dispute owing the money. I dispute how the judgement was made - to an incorrect address, not an out dated or previous address. I don't expect the debt to go away. I expect the judgement to be set aside, the creditor can proceed to file a new one and I would receive notice. This would allow me to pay the sum owed and avoid the CCJ. That's how the process is supposed to work initially.

And you had absolutely no idea this debt existed before you saw the CCJ on your file?  What was it for?

xlnc99

It seems to me alot of people are confused as to what a consent order removal of a CCJ is. All details about the debt, address etc are irrelevant at this stage. The OP is not applying for a set aside (in which all this information would apply). The claimant has already agreed given his consent so its a matter of filling in the paperwork and waiting on the judge to make a decision. If the judge says no only then he is to apply for a set aside. 

As i said previously to the OP have a look at leagle beagles - they are more equipped to deal with CCJ and consent orders on the forum as they are professionals who do this stuff on a daily basis. I learnt alot when getting help for my CCJ consent order removal and that forum helped me alot to understand the process. 

PixelPound

dyrm95 said:

bradders1983 said:

MalMonroe said:

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

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.

They don't have to issue to an address you were at the time, just your last known address. It is your duty to inform your creditors not theirs to exhaust all methods to find you, whilst you flit from one to another.

If they knew you weren't at the address, e.g. informed by a third party or received returned post and they requested Judgment anyway, it could be reason for a set aside. However if none of their post was returned, they could argue that it was issued correctly.

Yahoo_Mail

xlnc99 said:

It seems to me alot of people are confused as to what a consent order removal of a CCJ is. All details about the debt, address etc are irrelevant at this stage. The OP is not applying for a set aside (in which all this information would apply). The claimant has already agreed given his consent so its a matter of filling in the paperwork and waiting on the judge to make a decision. If the judge says no only then he is to apply for a set aside. 

If the judge says no there's very little point in applying for a plain old set-aside as there is no reason for a judge to grant a set aside if a set aside by consent is denied.

xlnc99

Yahoo_Mail said:

xlnc99 said:

It seems to me alot of people are confused as to what a consent order removal of a CCJ is. All details about the debt, address etc are irrelevant at this stage. The OP is not applying for a set aside (in which all this information would apply). The claimant has already agreed given his consent so its a matter of filling in the paperwork and waiting on the judge to make a decision. If the judge says no only then he is to apply for a set aside. 

If the judge says no there's very little point in applying for a plain old set-aside as there is no reason for a judge to grant a set aside if a set aside by consent is denied.

No that is not how it works.

Yahoo_Mail

xlnc99 said:

Yahoo_Mail said:

xlnc99 said:

It seems to me alot of people are confused as to what a consent order removal of a CCJ is. All details about the debt, address etc are irrelevant at this stage. The OP is not applying for a set aside (in which all this information would apply). The claimant has already agreed given his consent so its a matter of filling in the paperwork and waiting on the judge to make a decision. If the judge says no only then he is to apply for a set aside. 

If the judge says no there's very little point in applying for a plain old set-aside as there is no reason for a judge to grant a set aside if a set aside by consent is denied.

No that is not how it works.

Of course, it is.  If a judge denies a set aside by complaint it's only going to be for the same reason as a set aside being denied.  The only difference between set-asides by content and well, not, is the consent of the claimant.  And the benefit that judges are more likely to rubberstamp by consent as the claimant, well, consents.

xlnc99

As i said before, completely incorrect. The two things are not linked in any way shape or form. I think you should have a read of the legal beagle forums as they deal with this stuff everyday and are professional lawyers

Yahoo_Mail

xlnc99 said:

As i said before, completely incorrect. The two things are not linked in any way shape or form. I think you should have a read of the legal beagle forums as they deal with this stuff everyday and are professional lawyers

Come on then Perry Mason, enlighten us.  Saying "nope" just looks like you have no idea what you're talking about.