Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • JamesHand
    • By JamesHand 13th Jan 20, 9:00 PM
    • 10Posts
    • 1Thanks
    JamesHand
    Small Claim’s Mediation + CCJ
    • #1
    • 13th Jan 20, 9:00 PM
    Small Claim’s Mediation + CCJ 13th Jan 20 at 9:00 PM
    A claimant has filed a CCJ against my name and I have been sent an N180 to complete by the court. If I go down the small claim’s mediation service route and, in the mediation, can we agree to remove the CCJ as part of my agreement with the claimant?

    I am not asking for legal advice, but I am asking if it is possible to remove the CCJ against my name (providing the claimant agrees) or would this just show as the CCJ has been settled. If this the case, can you confirm that taking this to court would be the only way to remove the CCJ against my name (as the CCJ was issued in November 2019 i.e. over 1 month).
Page 1
    • JamesHand
    • By JamesHand 13th Jan 20, 9:01 PM
    • 10 Posts
    • 1 Thanks
    JamesHand
    • #2
    • 13th Jan 20, 9:01 PM
    • #2
    • 13th Jan 20, 9:01 PM
    Please also note, I have already submitted an N244 and the N180 was a follow-up request by the courts.
    • sourcrates
    • By sourcrates 13th Jan 20, 9:15 PM
    • 19,131 Posts
    • 18,057 Thanks
    sourcrates
    • #3
    • 13th Jan 20, 9:15 PM
    • #3
    • 13th Jan 20, 9:15 PM
    Hi,

    You can ask anything you like, they can only say no.
    I would expect them to want full payment from you in order to agree to those terms.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    forumteam@moneysavingexpert.com.
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • JamesHand
    • By JamesHand 13th Jan 20, 9:20 PM
    • 10 Posts
    • 1 Thanks
    JamesHand
    • #4
    • 13th Jan 20, 9:20 PM
    • #4
    • 13th Jan 20, 9:20 PM
    Happy to pay it off in full as it was a petty amount and it's costing me more not being able to renew my mortgage in interest alone!

    Just to confirm, what would that process be to set aside the CCJ at mediation? The reason why I wanted clarity on this is that I have read (arguably too much) but that CCj can on be set aside at court. I am assuming this statement would be incorrect if it can happen at mediation?

    Thanks sourcrates for your quick response. Really appreciate it.
    • twhitehousescat
    • By twhitehousescat 14th Jan 20, 12:02 AM
    • 4,553 Posts
    • 5,604 Thanks
    twhitehousescat
    • #5
    • 14th Jan 20, 12:02 AM
    • #5
    • 14th Jan 20, 12:02 AM
    judges do not like to hear "Happy to pay it off in full as it was a petty amount and it's costing me more not being able to renew my mortgage in interest alone!
    "

    ie credit cleaning for your own gain , the amount should have been paid earlier not when it affects YOU
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • JamesHand
    • By JamesHand 14th Jan 20, 12:43 AM
    • 10 Posts
    • 1 Thanks
    JamesHand
    • #6
    • 14th Jan 20, 12:43 AM
    • #6
    • 14th Jan 20, 12:43 AM
    I will most certainly not say that in court and the question in hand is regarding Mediation services (rather than what the courts can do). I am fairly confident that the court would revoke the CCJ, however I need to evaluate the impact to me waiting an extra few weeks as being on a variable rate is charging me a fortune (compared to paying the CCJ in full and remortgage).


    The question I wanted to clarify - Does the claimant/mediate have the authority to set my CCJ aside as part of a small claim mediation service?
    • BoGoF
    • By BoGoF 14th Jan 20, 7:49 AM
    • 5,922 Posts
    • 5,996 Thanks
    BoGoF
    • #7
    • 14th Jan 20, 7:49 AM
    • #7
    • 14th Jan 20, 7:49 AM
    Isn't it a bit late for mediation if the CCJ has been granted?

    I would have thought your only option was to pay the debt and apply for set aside with consent ofvthe creditor.
    • JamesHand
    • By JamesHand 14th Jan 20, 8:43 AM
    • 10 Posts
    • 1 Thanks
    JamesHand
    • #8
    • 14th Jan 20, 8:43 AM
    • #8
    • 14th Jan 20, 8:43 AM
    I have made an application to set aside and the courts have asked if I would like to use mediator services.

    Does the claimant/mediator have the authority to set my CCJ aside as part of a small claim mediation service agreement?
    • BoGoF
    • By BoGoF 14th Jan 20, 9:58 AM
    • 5,922 Posts
    • 5,996 Thanks
    BoGoF
    • #9
    • 14th Jan 20, 9:58 AM
    • #9
    • 14th Jan 20, 9:58 AM
    Having looked at the N180 form, I think you are misunderstanding why it has been issued. N180 is a Directions questionnare. Part of it says you should try and settle before court and that's where mediation comes in. Your case has already been settled and the CCJ granted so you can forget mediation and complete the form accordingly.

    Why are you 'fairly confident' you would win your set aside. Were you notified of original hearing?
    • JamesHand
    • By JamesHand 14th Jan 20, 10:43 AM
    • 10 Posts
    • 1 Thanks
    JamesHand
    OK make sense and thanks BoGoF. Correct, this is a directions questionnaire which if we settle through mediations, would the CCJ (that has already been granted) be revoked ....or would this just say it has been settled on my credit scores and stay for 6 years?

    They've made a typo with my personal information (which has meant I did not receive any follow up from the courts) and hence feel that I am in the right to get the CCJ revoked and re-issued to the correct information (at the very minimum...which I will obviously settle in 30 days worse case) ...but I want to expedite the situation through mediation and want the CCJ cleared from my files completely. Does that make sense and would mediation be appropriate based on my goal of clearing the CCJ from my record?
    • BoGoF
    • By BoGoF 14th Jan 20, 10:52 AM
    • 5,922 Posts
    • 5,996 Thanks
    BoGoF
    You are not listening......the mediation ship has sailed, the claimant has bern granted the CCJ. Why would they be interested in mediation?

    You will need to argue for set aside at court. I would advise you pay the debt now....why haven't you. It won't help your case.
    • JamesHand
    • By JamesHand 14th Jan 20, 11:22 AM
    • 10 Posts
    • 1 Thanks
    JamesHand
    CCJ has been granted and I submitted a N244 to set this aside (on the argument that I was not made aware of any this). Following my N244 application, I have been invited to complete an n180 form to see if we would like to try a mediate the case prior to the N244 going to the courts. Surely, if I just pay the fine outright, I would not have a leg to stand on in court as I was aware of the fine. I am trying to see if I can go to mediation, pay up and get the CCJ removed (as my argument is that I was not aware of the issue).
    • BoGoF
    • By BoGoF 14th Jan 20, 11:34 AM
    • 5,922 Posts
    • 5,996 Thanks
    BoGoF
    The time for mediation is before the original case was heard. The N180 is for directions for your set aside claim, although mediation is mentioned on the form it is not applicable now. As I said before why would the claimant want to mediate when they have a CCJ.

    You are being vague on the circumstances in which the CCJ was granted. Did you know about original hearing? Did you attend? What typo meant you did not get any 'follow up'.

    If you are going to rely on the '30 day rule' then I suggest you pay now. Depending on when you actually discovered the CCJ you may be able to say you paid within 30 days of becoming aware.

    Whatever happens you are going to have to pay it so show willing and pay it now. That does not stop you applying for set aside and maybe the claimant will give consent if it's paid.
    • JamesHand
    • By JamesHand 14th Jan 20, 1:07 PM
    • 10 Posts
    • 1 Thanks
    JamesHand
    One more question then - does the claimant get to see my application to set aside the CCJ i.e. the n244 form?
    • BoGoF
    • By BoGoF 14th Jan 20, 1:25 PM
    • 5,922 Posts
    • 5,996 Thanks
    BoGoF
    They will be infotmed off the set aside application and, I assume, your grounds for applying.

    If you knew about the original claim and did not defend it then the judge may not be impressed.
    • twhitehousescat
    • By twhitehousescat 14th Jan 20, 4:56 PM
    • 4,553 Posts
    • 5,604 Thanks
    twhitehousescat
    have you contacted the claimant and asked about setaside with consent?

    at present you will be paying £255 + you say you will simply pay up when they re issue claim

    a setasude with concent will cost £100+ the cost of the claim , therefore saving you £155
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • chanz4
    • By chanz4 14th Jan 20, 6:00 PM
    • 10,104 Posts
    • 3,007 Thanks
    chanz4
    If you accept mediation and pay you wont get a ccj
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
    • twhitehousescat
    • By twhitehousescat 14th Jan 20, 6:09 PM
    • 4,553 Posts
    • 5,604 Thanks
    twhitehousescat
    If you accept mediation and pay you wont get a ccj
    Originally posted by chanz4
    the ccj is already in effect

    mediation id over funito dead as a parrot
    either pay up and it stays on filed for 6 yrs marked as satisfied , OR get a setasude and fight or pay
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • JamesHand
    • By JamesHand 14th Jan 20, 9:48 PM
    • 10 Posts
    • 1 Thanks
    JamesHand
    the ccj is already in effect

    mediation id over funito dead as a parrot
    either pay up and it stays on filed for 6 yrs marked as satisfied , OR get a setasude and fight or pay
    Originally posted by twhitehousescat
    I am not convinced that is the best option (unless I am missing something)? Surely the best option would be for me to continue with my already processed application to set aside the judgement and then if its set aside in court, connect with the claimant and pay of the bill (before they are able to process a new CCJ with the correct spelling of my name) OR if I go down the mediation route (if this is possible), agree to pay up on the condition that my CCJ is revoked. Would that be possible? I know you are saying that mediation is not available to me, but as I have been given the directional questionnaire, surely the claimant would have received the same and if we both select the mediation as our preference then agree to settle up prior to getting the court. I don't see why the Claimant would not select agree to settle in mediation as their first preference as I am potentially saving them court fees.
    • JamesHand
    • By JamesHand 14th Jan 20, 9:49 PM
    • 10 Posts
    • 1 Thanks
    JamesHand
    If you accept mediation and pay you wont get a ccj
    Originally posted by chanz4
    CCJ is in place. Would they be able to set it aside though?
    Last edited by JamesHand; 14-01-2020 at 9:50 PM. Reason: add quote
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,216Posts Today

5,134Users online

Martin's Twitter