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  • FIRST POST
    • xlnc99
    • By xlnc99 10th Sep 19, 9:05 PM
    • 410Posts
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    xlnc99
    CCJ Removal By Consent
    • #1
    • 10th Sep 19, 9:05 PM
    CCJ Removal By Consent 10th Sep 19 at 9:05 PM
    Hi folks,

    Will keep this thread to update you on the progress for anyone else who is in a similar situation or looking to get a CCJ removed.

    Ive applied for two CCJs to be removed by consent, both parties have agreed and forms have been sent. Its not a guarantee and its likely it could be not upheld. If that is the case i will be applying for a set aside.

    Has anyone got a CCJ removed by consent?
Page 1
    • Willing2Learn
    • By Willing2Learn 10th Sep 19, 9:08 PM
    • 4,021 Posts
    • 3,595 Thanks
    Willing2Learn
    • #2
    • 10th Sep 19, 9:08 PM
    • #2
    • 10th Sep 19, 9:08 PM
    ...Ive applied for two CCJs to be removed by consent, both parties have agreed and forms have been sent...
    Originally posted by xlnc99
    Hi xlnc99,

    I have to ask, what is the argument you provided to your creditors that have led them to agreeing to 'remove' the applicable CCJs?
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • xlnc99
    • By xlnc99 10th Sep 19, 9:11 PM
    • 410 Posts
    • 45 Thanks
    xlnc99
    • #3
    • 10th Sep 19, 9:11 PM
    • #3
    • 10th Sep 19, 9:11 PM
    Hi,

    Well after speaking to solicitors and reading various material when it comes to a consent form there is no argument needed. Just a consent form signed by both parties waiving the judgement. However, it does depend if the judge grants it.

    i will add the CCJ are active so i did confirm debts will be paid if removed and that was written on the consent form.

    i will also add when speaking to the creditors i informed them i did not receive the judgement so was not aware of it
    • Willing2Learn
    • By Willing2Learn 10th Sep 19, 9:46 PM
    • 4,021 Posts
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    Willing2Learn
    • #4
    • 10th Sep 19, 9:46 PM
    • #4
    • 10th Sep 19, 9:46 PM
    Well after speaking to solicitors and reading various material when it comes to a consent form there is no argument needed. Just a consent form signed by both parties waiving the judgement. However, it does depend if the judge grants it.
    Originally posted by xlnc99
    What happens to the 'Set Aside' fee? Or is that not applicable?

    Also what happens to your name being on the 'Register of Judgments, Orders and Fines'? And the negative entry on your credit file, will that be removed too?
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • xlnc99
    • By xlnc99 10th Sep 19, 9:59 PM
    • 410 Posts
    • 45 Thanks
    xlnc99
    • #5
    • 10th Sep 19, 9:59 PM
    • #5
    • 10th Sep 19, 9:59 PM
    There are two fees. Anyone who wants to go down the route of removing a CCJ there is two methods. The first is a consent order form. Basically you and the party who took the judgement sign a form waiving the judgement. Its as simple as that. There are few standard bullet points that are put in the form but its universal and general. You then send this with a N44 form filled out, again only the basics. Nothing is needed to be written. You can write some stuff on the witness statement box if you wish to help your claim but there is no need as its a consent order. This process cost £100.

    This is then seen by a judge who decides if it is removed or not. You do not need to go to court or any hearing. Its basically on someones desk. Generally speaking it should be granted but i hear of cases that its being rejected as the judges believe people are doing just to better their credit score. So its 50/50 if it gets granted or not.

    If granted then the CCJ will be removed from your file and like it has never existed

    IF this method fails then you apply to set it aside. That costs £255 and is more complicated as you need a good reason why you want to set it aside and have to proove it. I.e you were away when you got the post, hospital, medical conditions, personal circumstances etc etc

    Dont quote me on this but i belive this will be heard at a hearing. However, if you have a strong case then the chances are the other side will usually not turn up or just before the hearing date write to agree in which case the judgement is removed from your file.

    So if everything goes well then all negative entries will be removed from either method
    • Willing2Learn
    • By Willing2Learn 10th Sep 19, 10:11 PM
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    Willing2Learn
    • #6
    • 10th Sep 19, 10:11 PM
    • #6
    • 10th Sep 19, 10:11 PM
    Something for you to read:
    https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim/1477869-ccj-set-aside-help-please
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • xlnc99
    • By xlnc99 10th Sep 19, 10:18 PM
    • 410 Posts
    • 45 Thanks
    xlnc99
    • #7
    • 10th Sep 19, 10:18 PM
    • #7
    • 10th Sep 19, 10:18 PM
    legal beagles is a very good source of information. I got alot from there.

    Just to clarify - this is by no means guaranteed success. In my cases i dont think it will be as i left it too late. Its not a sure thing.
    • Gary_Dexter
    • By Gary_Dexter 10th Sep 19, 10:20 PM
    • 6,190 Posts
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    Gary_Dexter
    • #8
    • 10th Sep 19, 10:20 PM
    • #8
    • 10th Sep 19, 10:20 PM
    It’s not “basically this” and “simple as that”.

    Again just because you’ve read something online or Jimmy Krankie had it done doesn’t mean the same applies to you or anyone else for that matter.

    Stop wasting money you don’t have and judges and other people’s time.
    • xlnc99
    • By xlnc99 10th Sep 19, 10:22 PM
    • 410 Posts
    • 45 Thanks
    xlnc99
    • #9
    • 10th Sep 19, 10:22 PM
    • #9
    • 10th Sep 19, 10:22 PM
    It actually is as simple as that.....
    • boo_star
    • By boo_star 10th Sep 19, 11:35 PM
    • 2,394 Posts
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    boo_star
    You really do live in a fantasy land.
    • LordSmug
    • By LordSmug 11th Sep 19, 7:21 AM
    • 7 Posts
    • 4 Thanks
    LordSmug
    Hi folks,

    Will keep this thread to update you on the progress for anyone else who is in a similar situation or looking to get a CCJ removed.

    Ive applied for two CCJs to be removed by consent, both parties have agreed and forms have been sent. Its not a guarantee and its likely it could be not upheld. If that is the case i will be applying for a set aside.

    Has anyone got a CCJ removed by consent?
    Originally posted by xlnc99
    Hi,

    Well after speaking to solicitors and reading various material when it comes to a consent form there is no argument needed. Just a consent form signed by both parties waiving the judgement. However, it does depend if the judge grants it.

    i will add the CCJ are active so i did confirm debts will be paid if removed and that was written on the consent form.

    i will also add when speaking to the creditors i informed them i did not receive the judgement so was not aware of it
    Originally posted by xlnc99
    Looking forward to your attempts to convince the court you have a realistic chance of successfully defending these judgements.

    • jimbo26
    • By jimbo26 11th Sep 19, 1:05 PM
    • 692 Posts
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    jimbo26
    Just to add my two-penneth. I successfully had my wife's CCJ removed in 1995. The CCJ was from a firm of solicitors. Long story but it came about as a result of a low period in her life, and before we were married.

    I still have a copy of the letter I sent. Basically I wrote to them asking to remove it, and they did. I recall getting a small slip of paper but can't remember if I sent that to the court, or it was from the court (long time ago). The upshot was the CCJ was removed from her file.

    The CCJ was fully paid before making the request.
    • xlnc99
    • By xlnc99 11th Sep 19, 1:16 PM
    • 410 Posts
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    xlnc99
    Thanks for the info at Jimbo. I must admit ive never heard of a CCJ being removed just by asking the claimant to get it removed. I didnt even know that was possible.

    What was the procedure for this? Do you know what they did? Did you fill in or sign any forms. 1995 is a long time ago so maybe the rules have changed. I am not sure
    • jimbo26
    • By jimbo26 11th Sep 19, 1:32 PM
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    jimbo26
    Too be honest it is a long time ago, and things may have changed. Things always seemed simpler back in the day.

    I don't recall filling anything in, just literally sent the letter and a week or so later got this slip back. The more I think about it, I think this form was from the solicitors (claimant), and I just sent it to the local County Court, and got a reply from the saying it had been removed.

    The detail is a bit hazy as you can appreciate. One thing I do remember was it was easy and done quickly.
    • jimbo26
    • By jimbo26 11th Sep 19, 1:35 PM
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    jimbo26
    Just reading the letter I sent again. The CCJ was in her maiden name so must have been issued prior to 1992. The CCJ was paid in full in July 1994. I asked the claimant in April 1995 to have it removed by consent.
    • xlnc99
    • By xlnc99 11th Sep 19, 1:42 PM
    • 410 Posts
    • 45 Thanks
    xlnc99
    Thanks for the info. It seems like it could be the same as what i am doing which is removal by consent. Unfortunately its alot harder these days then it was back then so its not guaranteed i will have it removed even though both parties have consented. Well done for your removal though. Hoping more people get theirs removed by this method
    • Gary_Dexter
    • By Gary_Dexter 11th Sep 19, 1:55 PM
    • 6,190 Posts
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    Gary_Dexter
    Hoping more people get theirs removed by this method
    Originally posted by xlnc99
    Why?
    Especially if they are justified being there in the first place?
    • xlnc99
    • By xlnc99 11th Sep 19, 1:58 PM
    • 410 Posts
    • 45 Thanks
    xlnc99
    Because i have a good heart and want the best for people. I am not bitter or hold resentment towards anymore.

    Everyone has financial difficulties and may have had problems or issues in the past. 6 years is to excessive of a punishment for their mistakes. People serve less in Jail for a serious crime! Everyone deserves a chance to make things better and a CCJ removal helps
    • Willing2Learn
    • By Willing2Learn 11th Sep 19, 2:00 PM
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    Willing2Learn
    ... 6 years is to excessive of a punishment for their mistakes. People serve less in Jail for a serious crime! Everyone deserves a chance to make things better and a CCJ removal helps
    Originally posted by xlnc99
    It is not a punishment. The CCJ is recorded to let lenders know that the borrower is a higher risk customer. It helps lenders to target their products accordingly.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • Gary_Dexter
    • By Gary_Dexter 11th Sep 19, 2:00 PM
    • 6,190 Posts
    • 4,122 Thanks
    Gary_Dexter
    Unfortunately that's not the way the world works.

    Why is everyone these days so set on a compensation culture with no future ramifications??
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