Can I get a settled CCJ removed from my credit file?

xlnc99 · 22 July 2019 at 7:02PM

Perfect

Thanks for the reply. I understand you had a solid open and shut case. But even if they do consent with me, from what i have read its still not as easy as that to get the CCJ removed. The judge will decide and you need to give a good reason to the judge even after the consent to get it removed as only he will decide.

Michael23 · 22 July 2019 at 7:10PM

It isn't up to the judge at all (Unless the company didn't follow procedure or something). At the end of the day it's up to the company you owe the debt to, Assume someone owes you money and you take it to court, the Judge will decide if the person really does owe you the money and will issue a CCJ to aid you in you getting your money back, Providing you and the other person want to sort to matter and they arrange to pay you, you can decide for yourself whether you still require the aid of a CCJ as backup or just to accept payment. (There is no reason for you to remove the CCJ other than as a gesture of good will) - If you consent you can sign a consent form to have the CCJ removed. The Judge is just a mediator, I would argue that they would ideally like to see people working together and avoid CCJ's.

xlnc99 · 22 July 2019 at 7:24PM

I agree with you and what you say seems to make sense and logical. This was my impression. However, i have spent all day researching this and i have even contacted solicitors and it seems this is not the case. The first step is to get the consent form signed. Once that is signed it then needs to be approved by a judge and he will not grant until he hears a defence from the defendant on why it should be dismissed. It is then up to the judge to decide.

From my understanding that is the procedure. Unless the solicitors are telling me porkies and legal beagles forum is wrong.

Ur case was straightforward and had reasonable grounds to dismiss but anyone who hasnt bothered to pay their debt because they ignored it could simply go and do this but apparently its not as easy as just all parties agreeing. The judge is the one who ultimately decides.

Quentin · 22 July 2019 at 7:38PM

You look to have mixed up some info regarding set aside procedure and some regarding set aside by consent.

With the latter there is NO court hearing to attend regarding the set aside!

A set aside by consent is not a request to "dismiss" the original claim!

Michael23 · 22 July 2019 at 7:42PM

If that was the case, my own claim would have needed a Judge approval and it doesn't? You don't need to attend a court hearing if both parties agree for the CCJ to be set aside. It would seem the people you're speaking to are of the view that you're asking for it to be set aside because of a legal reason which would probably require a court hearing of the case. We're talking about a gesture of goodwill... (Ie consent order that both parties have signed)

xlnc99 · 22 July 2019 at 7:42PM

Hi Quentin,

Perhaps i am confused! I understand exactly what you are saying and this thread and have gone online and talking through solicitors in much detail.

The bottom line as far as what i have read and the solicitors have told me is that consent means nothing in reality. It only helps with getting the judgement dismissed but its not a foregone conclusion because no matter what the judge decides. Infact, from what i read recently there have been cases where judges have dismissed some cases because they believe its a way to repair the credit file!

I understand your poiint about not going to court and that is true from what ive been told and read but the judge still makes a decision based on the information he has and you need a good defence story to why the judgement should be dismissed. If the judge then dismisses this then you go to court to appeal.

I hope the above isnt true but its the information i have recieved

xlnc99 · 22 July 2019 at 7:44PM

Hi Micheal.

I was clear to them that i dont want it set aside, i wanted it dismissed IF all parties agree. They still came back with everything i mentioned. So i really dont no

xlnc99 · 22 July 2019 at 7:45PM

i have coped one of the emails below from a solicitor

Thank you for your email.

A consent order is not a form but a Court order written in draft form by solicitors which the Court is then formally asked to approve and make. The Court decides on the basis of evidence whether it will set judgment aside or not. Both parties agreeing is not a reason the Court will set judgment aside.

xlnc99 · 22 July 2019 at 7:48PM

Both parties signing a consent order is definitely not enough for the Court to set a judgment aside. Without legal reasons (other than the parties agreeing) the County Court will dismiss an application for a consent order which includes setting aside a judgment order. It’s different in Family Court, e.g. divorce cases, and most articles on the internet about consent orders are to do with family proceedings, so people sometime get confused, not realising that whilst Family and County Courts are often in the same building, they have different rules and different judges.

There are two reasons we recommend trying to negotiate to agree a consent order.
1. An application for a consent order has a lower Court fee, and takes the Court less time to deal with
2. The alternative to a consent order is a contested application which requires an oral hearing in front of a judge so the process takes much longer and costs much more.

Above is another email i received from a solicitor

Michael23 · 22 July 2019 at 7:51PM

Consent order's can be used for lots of things so the above is quite grey, For financial matter's I would find it hard to believe a Judge would overrule something like a CCJ being removed, especially where both parties have consented. If the above is true, why the hell would the solicitor's for a huge debt firm send me one in the first instance only for it to fail?

Can I get a settled CCJ removed from my credit file?

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