Can you set aside satisfied ccj?

Goszka

I will try to keep it short. 

I have a ccj against my name dated  December 2022  (unpaid parking fine - car was driven by my partner and was legally parked at work, but the system was down, which has been acknowledged by his company) 
- any tickets and letters (including court letter) have been sent to my previous address apart of 1 letter which was send to my current address (LBC)

- the LBC letter has been passed to relevant department at my partner work to deal with (my partner left the company since so no longer can access his calendar or emails). Unfortunately we did not follow up on that, assuming it has been sorted. 
- I have accidentally found out about the ccj in January 2023 (literally missing the 1 month deadline by a day or two). When I called the court the advice I was given (or at least how I have understood it)  was that I would have to pay the fine, otherwise the Gladstone would probably not cooperate with us. There was no mention that I need to do it asap. 

Out of anger and frustration we left it and didn’t act straight away. 

- we paid the fine in full in September 2023 but left dealing with the formalities of removing the ccj until later . We thought that we can apply for the consent order. 

My questions: 
- is it possible to set aside satisfied ccj? 

- Is there any point in trying to get a consent order now? I’m not particularly bothered about the money we already paid, so would be happy not to dispute the fine if it helps? 

- I have contacted a CCJ Removal Services C.I.C - are they legit? Or would it be better to look for a local legal advice? 

Any advice would be highly appreciated 

Fruitcake

It was never a fine.

Paying off the CCJ was a mistake. A satisfied CCJ will still have an adverse affect on your ability to obtain credit, and paying it off outside the initial date is of no benefit.

The courts require you to submit a set aside application as soon as reasonably possible after it has been discovered. Leaving it too long before applying may cause the set aside application to be rejected.

It is still worth trying. I can't comment on whether a CCJ removal company is legit, or is of any value. Most people either accept their situation or fight it themselves. There is advice on how to do this in the sticky Announcement for NEWBIES.
A set aside with consent is a lot cheaper so it's worth asking the PPC, pointing out their failure to properly serve the claim. Watch out for them wanting you to pay the fee even if you win.
Alternatively you can make an application without consent, but it will cost a lot more.

Debszzzz2

You're going to have a difficult time convincing a judge to set aside after knowing about the CCJ for well over a year. The courts don't particularly like credit cleansing set-asides unless there's good reason for doing so.

I'm sure someone with legal training will advise how to go about it but you may want to have a look at the CPR for set asides and see if you have a chance of being successful:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

Under 13.3(2) the word "promptly" is there for a reason.

Harvez63

Even a tiny slither, I'd still try to fight in your situation. CCJ will cripple you, even in ways you cant imagine such as house insurance or phone contracts, thats before you get into the really bad stuff like trying to move house or even remortgage 

Goszka

If I try doing it myself and the judge won’t set it aside, can I try again using a pro I.e solicitor? 

Debszzzz2

You can probably try as many times as you like but at c£275 a pop, it would be bit like Albert Einsteins definition of insanity. 

Coupon-mad

Goszka said:

If I try doing it myself and the judge won’t set it aside, can I try again using a pro I.e solicitor? 

I don't think the court will entertain it and you already threw away most of your leverage by:

(a) paying it, and

(b) failing to act promptly.

Unless you word your email strongly, there's no reason why Gladstones will consent IMHO. They would have considered it more easily if you'd asked before paying, so there was 'something in it for them'.

Have a look at CPR 13.2 & CPR 13.3. I am sorry but I'm not necessarily seeing that your application will pass a Judge's scrutiny, unless you can convince Gladstones to provide a consent Order on the basis that the court claim went to your previous address but in good faith the CCJ has been settled.

Try this (below) first. The court fee 'with consent' is £108, not £275, and needs no hearing.  You can either robustly suggest that G's client pays it, or say to them that you will.  Give them 14 days.

There is a recent version of an email to send to a solicitor like Gladstones to ask for a consent Order, linked in the NEWBIES thread. It's written by a knowledgeable (parking law conversant) solicitor poster, @troublemaker22  

Don't use a CCJ removal 'service'.  They are not guaranteed and would have relied on the leverage of negotiating payment which is no longer an option.  They also don't have half the niche knowledge we do.