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CCJ Removed by Consent - Advice Please

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  • CCJ Removed by Consent - Advice Please

    I am struggling to find much info online about this, although I did stumble across a three year old thread on the site http://legalbeagles.info/forums/foru...-removed/page2 (entry 25 is the most relevant)

    In a nutshell I am wondering if I can have a CCJ set aside by consent, I am aware this was possible in 1995 as I did it for a friend who had a satisfied CCJ, and a single letter to the claimant resulted i it being removed.

    This time the CCJ isn't satisfied and I see there is some discussion about consent orders. What would the process be and how would I draft a consent order?

    The person I'm helping is in a position to satisfy the CCJ but would like to pay it off on the understanding that the claimant will then consent to it be set aside. The CCJ is three years old and issued in default. There is no issue about the CCJ being issued in error or any procedural errors. Quite simply is it possible to have a 3 yr old CCJ set aside with the consent of the claimant, and what would the process be.
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  • #2
    As I understand it, there are two things that the Trust which registers judgments will do: if the actual judgment is set aside, then it will remove the judgment from the register. If the parties agree between themselves for the judgment debt to be paid, then the Trust will attach a note to the register to say that the judgment has been satisfied. Parties cannot agree to set aside anything (judgment, interim order, directions); they can ask *the Court* to set aside which - depending on the circumstances - would be effective

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