Satisified CCJ removal from credit file

[want2befree]

HI Guys
Can satisfied CCJ be removed with consent from claimant and then using N244 route .

[jaguarsuk]

No, the judgement has been entered and the CCJ will remain on file for six years.

[Jazz100]

Hi
I’m new here. Did you pursue any further with getting your CCJ set aside? I am in a similar position ☹️

[MIKE770]

item #2 says No once you have a CCJ it stays for that period of time/

[jaguarsuk]

If the claimant consents you could make an application to set the judgement aside. This would then give them the opportunity to file to discontinue. It really depends on how long it has left on your file and how desperately you need it removing as any application for anything carries a risk of costs.

[Diana M]

It would depend on how the CCJ was obtained in the first place.

If it was a Default Judgment as a result of incorrect service of the claim then it may be possible to get it set aside and ask the Judgment Creditor to consent to your Application in advance.

If it was a Default Judgment due to failure to file your Acknowledgment of Service or Defence by the court deadline then I doubt the court would agree to the set aside even if the other party consents unless there is a compelling reason (assuming you received the claim in the first place).

If the CCJ was the result of a successful Summary Judgment against you which was decided without a Hearing and without you being put on notice of the Application then you may be able to get it set aside if you have likely prospects of defending the claim if it were to be set aside.

However if either party has deliberately mislead the other in order to obtain the CCJ then it may be possible to revisit the proceedings.

The real Issue will be whether the Judgment Creditor is motivated to consent to a set aside now that they have the funds (if they do).

Di

[want2befree]

No, the judgement has been entered and the CCJ will remain on file for six years.

NO not yet . The Claimant is not responding to my request of consent. If I maange to get a letter from him. I will surely apply for judgement to be set aside

[want2befree]

If the claimant consents you could make an application to set the judgement aside. This would then give them the opportunity to file to discontinue. It really depends on how long it has left on your file and how desperately you need it removing as any application for anything carries a risk of costs.

HI Diana ,
Please can you give me some format for the consent letter, so that I can type it and ask for the claimant to sign it.

[want2befree]

It would depend on how the CCJ was obtained in the first place.

If it was a Default Judgment as a result of incorrect service of the claim then it may be possible to get it set aside and ask the Judgment Creditor to consent to your Application in advance.

If it was a Default Judgment due to failure to file your Acknowledgment of Service or Defence by the court deadline then I doubt the court would agree to the set aside even if the other party consents unless there is a compelling reason (assuming you received the claim in the first place).

If the CCJ was the result of a successful Summary Judgment against you which was decided without a Hearing and without you being put on notice of the Application then you may be able to get it set aside if you have likely prospects of defending the claim if it were to be set aside.

However if either party has deliberately mislead the other in order to obtain the CCJ then it may be possible to revisit the proceedings.

The real Issue will be whether the Judgment Creditor is motivated to consent to a set aside now that they have the funds (if they do).

Di

HI Diana ,
Please can you give me some format for the consent letter, so that I can type it and ask for the claimant to sign it.

[want2befree]

HI Diana ,
Please can you give me some format for the consent letter, so that I can type it and ask for the claimant to sign it.

HI Diana
Can you please update me on this , Format letter for consent letter from claimant which can be used for removal of CCJ.

[ULA]

Diana M please can you respond to this last post from Want2befree. This person has contacted us directly by phone twice now to request a response.

Many thanks.

[R0b]

In Diana's absence, I thought I would add my two cents to this.

First of all, Diana did point out that we don't actually know how the CCJ was obtained. Depending on how it was obtained will depend on your rights and options so I would suggest that provide some more information to ensure you don't end up going down the wrong path.

However, assuming that the CCJ had been obtained by default judgment, I should point out that technically, any attempt to set aside the CCJ once it has been satisfied could be seen as an abuse of process by the court. Also, when applying to set aside a default judgment, there is certain criteria that a court must satisfy, one of which is that an application must be made promptly.

Now, CCJs don't get registered until at least one month has passed (or in most cases periodically, or when the claimant seeks to enforce the CCJ) so I am guessing that the CCJ hadn't been satisfied within one month? If not, it would be helpful if you could explain the date of judgment and when the CCJ was satisfied.

In any event, if you are insisting that you want to take a risk in getting the CCJ set aside, then you will need to write a covering letter to the Claimant asking for their consent to set aside the CCJ and, because they have already been paid, there shouldn't be any reason why the Claimant would agree, though it is ultimately the Claimant's sole decision. I suppose you should also highlight in the letter that you will pay the application fees and that they only need to provide their signature the Consent Order.

The contents of the Consent Order will vary but I would suggest you do a search on the forum for "consent order" as there are some lying around here. You'll probably need to adapt it to suit your needs but it might be best to post a draft up on here before firing it off to the Claimant.