** SORTED ** set aside, satisfied and removal of CCJ

[steveeasy]

My son received yes 2 CCJ in 2018 that he was completely unaware off. for clarity they were absolutely nothing to do with him. he was not aware of any hearing. for this reason he went to solicitor to have them removed. hes paid £2000 for this. the solicitor arranged a consent order for each one with the claimants consent. each one has been to a judge and he has consented to them. both have now been set aside, however they only show satisfied, despite the consent order specifying removal. this the judge consented too.

the sums were miniscule and were paid by the actual person who the CCJ should have gone too. we seam to be finding it hard to get them removed. showing on the register as settled is no use and quite frankly he would have achieved this merly by settling the insignificant amounts without paying excess of £2000.

why when a judge consents to an order, do the court then not carry it out. surely if the judge did not want to consent to the order he would not consent. all seams odd to me.

any advice appreciated.

Steveeasy

[Amethyst]

Do you have copies of the consent order and Judges order ?

The judgments need to have been set aside by consent ( and agreed by the judge) and then discontinued/ withdrawn by the claimant. Not sure when the debts were paid or how by the actual debtor but sounds like something may have gotten confused.

£2k for two set aside applications by consent seems a lot. Going to need to review the paperwork and then consider any complaint / action required.

[steveeasy]

Hi Amethyst,
Yes I do have the consent orders. would you like me to show you them?

Steveeasy

[Amethyst]

Might be a plan incase that's where something went wrong. Here or PM is fine ( redact if posting them of course ) has

[steveeasy]

could you just point me to how to PM you please.

Steveeasy

[steveeasy]

Might be a plan incase that's where something went wrong. Here or PM is fine ( redact if posting them of course ) has

Hello Amethyst,

I think I sent the consent orders to you for you to look at. not sure if I correctly sent them or not. Basically the consent orders state set aside removal. the judge has apparently consented to them. but the CCJ show only being settled. my son did not settle them the person liable did. my son got the solicitor to act to remove them and originally he was preparing an application with evidence to have them set aside. the solicitor came to an agreement with the claimants to do a consent order. but the courts have only listed them as settled.

in other words my son still has 2 CCJ listed against his name and shown as settled. he might as well just left it like this. the solicitor keeps saying the court are to remove them but they don't. Im a bit lost as to the difference between set aside and settled.

Any advice appreciated before I go find another solicitor to deal with the first one again unfortunantly.

Steveeasy

[Amethyst]

Yes I did reply to your PM xx

• Well they are completely right - set aside and dismissed, sealed orders so no argument.
  Have you spoken with the registry trust ?
• Oh the Feb one should have gone already.., the May one should be gone after 30 days.

Are both marked just marked as Settled then?

You are right, settled is paid and set aside should mean removed. The System can't cope because they were paid before they were set aside.

A copy of the sealed consent order with a letter to the registry trust ( and probs cc to court and claimant) might help?

An application Seems a bit pointless because you already have an Order that the judgements be removed from the register, it's just getting someone to put that actually into action.

[steveeasy]

Yes I did reply to your PM xx


Are both marked just marked as Settled then?

You are right, settled is paid and set aside should mean removed. The System can't cope because they were paid before they were set aside.

A copy of the sealed consent order with a letter to the registry trust ( and probs cc to court and claimant) might help?

An application Seems a bit pointless because you already have an Order that the judgements be removed from the register, it's just getting someone to put that actually into action.

Hi Amethyst,
Thank you for your reply. I did not know where to look for a PM message. Ive never heard of the registary trust. yes they both are just settled. Our solicitor says its only fair they are removed. what I think is they should be because a Judge has consented to them being removed. my solicitor says its a little bit unuasual for them to be removed and he can only ask the court to remove them. perhaps I should send him your suggestions.

thank you for looking at them for me. it has reassured me.

thank you

steveeasy

[Amethyst]

The registry trust manage the register of judgments - https://registry-trust.org.uk/

PM's are here https://legalbeagles.info/forums/privatemessage/index ( theres an envelope at the top of the screen on desktops or in the menu bar on mobiles)

Does your son want to have a bash himself at a letter ( I'll help draft it obvs) rather than paying a solicitor to do it ... if it doesn't work you can then try the solicitor again but he sounds a bit limp tbh, particularly as you paid him £2k to have a basic CCJ set aside by consent and not even follow it through with ensuring the CCJ is removed from the register ( unless thats included in his price? )

[steveeasy]

Hi Amethyst,
I think he might be a bit limp. Your offer is really very helpful. I am going to speak with the solicitor tomorrow morning. Ill come back to you if you don't mind, Thank you for your help.

Steveeasy

[steveeasy]

Hi Amethyst,
an update. I spoke with the solicitor this morning and he wanted a bit more money as it was the courts fault. I contacted the court myself and they were really helpful. told me they had sent both and the second one two weeks ago.to registry. said she would do them both again and would confirm it with me on Thursday. I called the registry and they were really helpful confirming that both had been removed from the record. so it has all been dealt with. the solicitor thought it had not been. he could not get to speak with anyone.

Alls well that ends well.

Thank you for your advice and support.

Steveeasy .

[Amethyst]

Wicked well done Will still take a month to vanish off the credit files ( it'll be removed straight away but the free access ones only update monthly so it'll likely still show for a bit to your son but shouldn't flag up for creditors.... I'd give it a couple months before applying for a mortgage or anything major just to be sure though.

[steveeasy]

Great. thanks for the advice.

Steveeasy