CCJs

mountainofdebt

What setting aside a CCJ means?


Thanks

Hobo17

You can apply to have it set aside if you either don't owe the money or didn't receive the court papers I think. This is what those dodgy companies do when they offer to clean your credit record for a fee - but the judgement only gets served again so it won't be clean for long!

mountainofdebt

Thanks for the reply.

In this case its the person who was granted the CCJ has offered to have the judgement set aside so hopefully it wouldn't be served again.

Is having a CCJ set aside the same as wiping the slate clean?

file_wizzard

When you say “offered to set aside” how was this worded?, the claimant cant set aside a judgement, only the court can do this after a hearing by the judge

If the offer was worded “marked as satisfied/set aside” then this is not the same as a court order for a set aside which would then update the records of the registry trust and remove the judgement from your records

mountainofdebt

File_wizzard

Sorry for delaying back to you only I wanted to check the wording.

Apparently the letter states that if the debt that is actually owed (rather than what they thought was owed!) they will apply for the debt to be set aside.

Does that make more sense?

file_wizzard

o.k yes, what they are admitting is that the original application to the court was for the wrong amount, therefore the original judgement should be set aside as inaccurate.

This raises 2 questions;

1) They will need to go back to court and admit they made a mistake, therefore making the original judgement unenforceable, it should then be set aside ( removed from registry trust / credit agency records )

2) They will probably then ask the judge to rule that the new and "correct" amount should be payable under a new CCJ payable within 28 days. if you agree a longer payment term then the new CCJ will stay on your file for 6 years, if you pay all sums owing within the 28 days it will not be formally registered on your credit file.

All of the above will probably be dealt with by the court without a formal hearing unless you object.

You will however received a notice of proceedings, or a new claim from the court depending on how the claimant chooses to action the matter.

the best bet is to talk directly to the claimant and see how they wish to proceed.

So in conclusion, yes the original CCJ will potentially be removed, however working with the limited details available to me it would seem likely that the claimant would request a new judgement to be issued.

Perhaps if you have some more details / history I could confirm a little more accurately


Hope this helps

mountainofdebt

Will pm you.

Thanks