Awaiting CCJ set aside hearing, is it worth ‘satisfying’ CCJ to help get mortgage?

Otherman

Hello, never posted before (but read loads- thankyou to so many) Apologies for any errors.

My son is in process of buying his first flat and was shocked to find a CCJ on his record. Same old story of mail sent to old address, it was a works van not registered to him. We will send for a SAR to see paper trail. He sent off N244 a couple of weeks ago and was advised it will take 4 months to process. 

In the meantime  he is desperate to get a mortgage so he doesn’t lose the flat (and planned to move to a better provider once CCJ set aside). He is really struggling but one lender wants him to get CCJ satisfied before they will consider him. 

The question is- can he still go ahead with set aside hearing if he has paid parking firm? Surely they and judge will take that as culpability and deny him chance of getting CCJ removed permanently?

I would appreciate any advice enormously 

ChirpyChicken

That is the issue consider, even if he gets the CCJ satisfied it does NOT mean the mortgage will be approved
It is bad maths to pay for a mortgage at a higher rate because there is a CCJ on there just to get a flat
Which court is his local court as we can guide you better on timescales.

in addition who says the flat will even sell, ? it may be a blessing in disguise if he loses it as something more suitable may come on the market

Otherman

Hi thanks for your reply.
I agree about the finances but he really wants this flat after looking at a lot , just was after advice if anyone knew if it as possible to get set aside hearing if CCj had been satisfied.
He was told timescale from county court business centre on phone, but our nearest court I think would be High Wycombe

ChirpyChicken

It is but will he 100% get a mortgage offer by paying it in
If he has to go to a sub optimal lender just to get a flat because of this ccj then he needs to give his head a wobble.(sorry if that sounds harsh)
In addition if he pays the ccj the judge may see it as credit washing and refuse to set aside the claim(rare but possible)

How long has the flat been on the market

ChirpyChicken

It may be worth posting on the mortgage board first.

Otherman

Thanks
We are aware of financial implications ( and I’m conscious of impetuous youth 😂)
Was really after someone’s experience of whether this could be an option or if paying/ satisfying would preclude CCJ set aside hearing 

ChirpyChicken

I've advised you above on that issue.  A lot of people do pay a ccj and get it set aside but you do get judges who refuse to do it once paid.

Coupon-mad

I would not recommend it.

Paying it could ruin the set aside chances, as @ChirpyChicken warns. Depends in the Judge's view but it's a far stronger position to attend the hearing with the PCN being disputed.

Which PPC and which solicitor caused this CCJ? If it was ParkingEye or CEL they might agree to consent to set aside. That's quicker.

Le_Kirk

If he has paid the PPC, the CCJ will be marked as "satisfied" which is what the mortgage company wanted but NOT what he wanted. Any attempt to have it set aside now will look like credit cleansing, which it is and judges don't like that!

Otherman

Thanks for comments
Private Parking Solutions London
Gladstones

Car1980

I think even if he pays it'll take at least a month for it to show up on his report I'm afraid.