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    • warwick1234
    • By warwick1234 6th Aug 18, 2:08 PM
    • 1Posts
    • 0Thanks
    warwick1234
    Setting Aside Satisfied Default CCJ
    • #1
    • 6th Aug 18, 2:08 PM
    Setting Aside Satisfied Default CCJ 6th Aug 18 at 2:08 PM
    Hi MSE forum members,

    I'm in an, admittedly self-inflicted, pickle and wondering if you can point me in the right direction.

    In Jan 2016 I left my student accommodation before the contract concluded and stopped paying the rent. I had sent an email to the landlord, a large student accommodation company, informing them that I believed they had breached the contract. They entered the room without providing 24 hours notice, did not allow me to access the property without interference (I was stopped by security very often) and because my bedroom was visible from the street.

    I was then contacted by the company solicitors informing me I had to pay the remainder of the contract plus damages. I argued that I did not because I had not signed an agreement; although this was true, to be honest, I was playing for time as I did not think this was a good argument given I had paid some of the rent already. During this dispute, I received a notice from the County Court in May 2016 informing me that the company was bringing a case against me for the remainder of the contract plus damages. I accepted (knowing there was no way I could afford legal advice) and responded by accepting the claim, and with the offer to pay 2.00 per month. So at the hearing (which I did not attend) a default judgement was made against me to pay back the arrears at 2.00pm and a judgement against my guarantor for the full amount.

    As such, I contacted the Credit Controller after the default judgement had been made and we made an arrangement for me to pay the full amount back at 50.00 per month, on the basis that (a) my guarantor would not receive a visit from the bailiffs and (b) the CCJ against me would be removed. The clear implication on this call and in subsequent emails was that there would be no CCJ against my name provided I maintained the payments. The controller mentioned it was important for the CCJ to be removed from my record because I am a student.

    In Feb 2018 I finished paying the debt, at great expense to my studies (I took on an extra job to keep up the payments). However, recently I checked my credit record to find the CCJ has only been marked as 'satisfied' and not set aside. Upon further research, I realise I should have asked for the CCJ to be set aside by consent at the time and, had I known this was possible, I would have certainly done so. However, no such request was made because I did not realise that requesting to have the CCJ set aside by consent was the way to do this (is ignorance a defence here?). The credit controller is reasonable and we get along, but they did tell me the CCJ would be removed, which I stupidly took at face value.

    The CCJ remains on my record and will prevent me from continuing with my education. Having contacted the claimant, they are checking to make sure the CCJ is satisfied. However, the original agreement was that the CCJ be removed. A satisfied CCJ - though removed after six years - is crippling me. To continue studies, I need to take out a student loan from a private student financing company, and I cannot do this with the CCJ, even if satisfied. Just so you don't think I'm some sort of scrounger, this loan would be necessary in addition to the two jobs I work - without it I've got no way of financing my education.

    Is there any possibility of getting a satisfied CCJ removed by consent even if it is 2 years old? Could I do this on the basis that both parties would have requested to remove the CCJ by consent had I known what to do at the time?

    My gut instinct is that I've screwed up here. Firstly, by not understanding the process and secondly by not realising that it was my responsibility to get the consent order. As such, I don't expect a judge to look favourably on me in this situation and do not wish to spend money on solicitors/submitting a N244 if there's no chance of success.

    This is a problem of my own making; I should have been much more aware of the process and sought legal advice at the time, but being a student I could not really afford to get advice on this matter. The claimant's solicitors were a large firm and scared the living daylights out of me.

    Anyway, I'd really just appreciate an indication as to whether this is something worth trying to get set aside, or whether I should give up on my education now and start making other plans.

    Thank you in advance for your guidance.
Page 1
    • sourcrates
    • By sourcrates 6th Aug 18, 2:26 PM
    • 14,888 Posts
    • 13,967 Thanks
    sourcrates
    • #2
    • 6th Aug 18, 2:26 PM
    • #2
    • 6th Aug 18, 2:26 PM
    Hi,


    Who ever it was you spoke too obviously had no idea of how the court process works, or was simply been untruthful, or making promises they could not keep.
    Once a CCJ is registered, it can only be removed under certain circumstances, these are :


    (1) If you repay the full outstanding balance within 30 calendar days of judgement been granted.

    (2) You successfully obtain a set aside motion from the court.

    (3) six years have passed since judgement, and it falls off your file automatically.

    (4) You enter some kind of insolvency.

    There are no other legal ways to remove CCJ`s.


    For a set aside to be granted, you need to have a defense with a reasonable chance of success, you do not have a defense, as you admitted the debt was yours and was owed.


    Do not waste your money, i`m afraid you are stuck with this now.
    Last edited by sourcrates; 06-08-2018 at 2:31 PM.
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    • Tarambor
    • By Tarambor 6th Aug 18, 2:32 PM
    • 3,387 Posts
    • 2,477 Thanks
    Tarambor
    • #3
    • 6th Aug 18, 2:32 PM
    • #3
    • 6th Aug 18, 2:32 PM
    You have to apply for a CCJ to be set aside and you have no grounds on which to do so so you can forget that one. The only way to have a CCJ removed is to repay the full amount outstanding within 30 days of the judgement which you again admit you didn't do. That time has passed so it cannot be removed unless there were legal errors in how it was done which by what you've posted there was not.

    The problem as you say is entirely of your own making when you decided not to turn up. Legal advice would have been free from the Student Union and the student support services in the university.

    You are talking complete nonsense when you say a CCJ will stop you continuing with your education. Assuming you've used up your SL allowance it'll make it harder and it may delay it a couple of years but it won't stop you. It might actually be a good thing to have a break to allow you to get a full time job for a couple of years to build up some funds so you can continue your studies without panicking about paying the bills and maybe only taking one part time job.
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