CCJ set aside application - which route? 20 July 2022 at 8:44PM in Debt-free wannabe 2 replies 83 views

kennyvinegar

Hi everyone.  My partner and I were looking into applying for a mortgage when we discovered he had a CCJ on his credit file, issued to an old address when we didn't live there. It has taken 2 weeks but we finally have the detail of what it for (3 different debts) I have been reading up on what to do in this circumstance online and on this forum and am happy I can find template letters and examples to help.  However, I'm confused as to what route we should go down first as there seems to be different ways of contesting this.

Do we phone the claimant and ask for a consent order to set aside the CCJ, or;

Write them a letter saying they should apply for the CCJ to be set aside with 7 days with the reasons why, then say if not, we will be sending an N244 and reclaiming costs, or;

Go straight to the H244 form and send this to CCBC?

My partner has already spoken to the claimant today (Lowell/Overdales) and of course they said for him to pay the debt and they would mark it as satisfied, I told him to absolutely not do this.  Also, do we speak and/or write to Lowell or Overdales?

Many thanks in advance for your advice.

fatbelly

You deal with Overdales.

If there is no dispute about these being his debts and they were not statute barred when the claim was issued and you are willing and able to pay them, then a consent order is the simplest way forward, assuming Overdales will agree.

kennyvinegar

Thank you fatbelly, we'll speak to Overdales