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Advice on setting aside CCJ(s)

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  • Advice on setting aside CCJ(s)

    Morning all,

    I’ve discovered a CCJ which is only being reported with one of the credit reference agencies. I know that the court papers were never received and presume that they went to the wrong address. Having spent the last 3-4 years fixing my credit file this is obviously not the greatest news.

    ive been reading up on setting the judgement aside and came across setting aside with consent but have struggled to find much detail. I imagine that this is simply me contacting the claimant and negotiating payment in full for withdrawal of the claim?

    i also have a second CCJ which I discovered 3 years ago which was served in a similar manner. On discovery I panicked and called to make payment straight away without doing any research. This is now satisfied but I wondered if there was any mechanism to have this judgement retrospectively set aside as this is the last blemish on my credit file now.

    any advice would be gratefully received

    C
    Tags: None

  • #2
    Hello

    One of the key criteria to setting aside a CCJ is promptness and a court will take that into account when looking to set aside the default judgment.

    Did you update all records to reflect your change of address e.g. DVLA, electoral roll, credit file with reference agencies etc.

    I would suggest you read the link below which is a detailed guide on setting aside default judgments.

    https://legalbeagles.info/forums/for...tailed-version

    As for the CCJ 3 years ago, you are going to struggle I think having sat on it but also that you paid the amount. Any form of payment would generally be deemed as an admission of guilt and courts are reluctant to interfere.

    SettingSettinga CCJ with consent requires you to file what is known as a Consent Order along with your application and any relevant fee that is applicable.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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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.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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