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Getting consent to have a CCJ set aside

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  • Getting consent to have a CCJ set aside

    I found out recently about a CCJ that’s almost 3 years old after I did credit check that I didn’t know about as all the correspondence were sent to an old address. Am I ok to email the claimant/their debt collection people to ask them if they’d be willing to consent to have it set aside if I agree to pay the amount in full and in one lump sum. Is that an ok thing to ask or will it open me up to any legal troubles?
    Tags: None

  • #2
    Hello,

    You would be ok to but I would aruge there is no need to get their consent.

    If it was sent to the old address then the court will likely set it aside, and it would cost you less to ask the court than if you asked the claimant's solicitors as they would largely charge you a consent fee.

    Can I ask what the CCj is about?

    Comment


    • #3
      The CCJ is for tuition fees at a university I went to for a few days before leaving. Is it enough to get it set aside that the CCJ was just sent to the wrong address? I’ve read various things and a lot say that isn’t enough of a reason.

      Comment


      • #4
        Yes yes, if you didn't get the chance to defend the claim.

        Did the school/solciitors know about you moving?

        Comment

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        SHORTCUTS


        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Directions Questionnaire



        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





        NOTE: If you receive a court claim note these dates in your calendar ...
        Acknowledge Claim - within 14 days from Service

        Defend Claim - within 28 days from Service (IF you acknowledged in time)

        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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