Can you get a CCJ removed?

[L1882]

Re: Can you get a CCJ removed?

And yet last year somebody did successfully reclaim - so anything is possible, especially where the banks actions directly led to the fees being incurred. What started as a simple 'are there circumstances under which this might be possible' seems to have turned into something more detailed. I haven't even received my SAR data yet to assess whether there might be a case on fees and other things.

On the CCJ, if Lowell are not minded to agree that would (if the question arises) be their right clearly - just as it is my right to continue paying the agreed amount each month rather than settling the amount in full. As things stand it may well be a moot point anyway with the default scenario as it stands.

[sean5302]

Re: Can you get a CCJ removed?

You seem to have largely ignored what I wrote earlier.
CCJs are recorded at the Registry Trust.
You can apply for a Tomlin Order, which both parties may agree to, at a cost of £155 for the application and whatever your costs are to attend court.
If the other party doesn't agree, you will be liable for their costs of attendance. Usually this is £300 for a simple hearing.
Regardless of the outcome of that hearing, the Registry Trust will not then remove the CCJ for a period of 6 years.
You either paid the judgment within 28 days or you didn't. It's as simple as that. I have travelled this route myself, for a relative.

[nemesis45]

Re: Can you get a CCJ removed?

Sean the cost re Consent Orders ( Tomlin) has risen by £5.00 to £ 45.00. Not £155.00

nem

[sean5302]

Re: Can you get a CCJ removed?

Sean the cost re Consent Orders ( Tomlin) has risen by £5.00 to £ 45.00. Not £155.00

nem

Could you show me that, please?
My understanding was that it was an N244 application, costing £155, accompanied by a Draft Order that I would draw up.
If agreed, there is a fee of £45 payable at court for the sealing of my agreed order.
Am I wrong?
https://www.justice.gov.uk/courts/pr...d_part23a#13.1

[L1882]

Re: Can you get a CCJ removed?

I didn't ignore what you wrote sean-

Ah well - at least I won't waste my time trying -always assuming I have some success with the claims against LLOYDS

But then another opinion was offered by dan -

The answer to your question is yes, you can have a judgment removed from the Register and thus, your credit file, but only if you have a solid defence, or the other side agree. In either case, you'll have to pay a court fee.

My question is one merely to ask if there are options. As it stands even if it was to transpire it is possible, there would be little point as it would only save me a year on my credit file. I am merely trying to get opinions/views on if it is an option -largely speaking that opinion seems to be somewhere between definitely not and most probably not.

[nemesis45]

Re: Can you get a CCJ removed?

Consent without notice my mistake £50,0 there in nothing more than the order being drafted signed by both parties and sent to the court for sealing.
No hearing no N244 .
Can all be found on the revised list of fee March 2015

nem

[sean5302]

Re: Can you get a CCJ removed?

No criticism L1882. Just curious.
I agree with you about exploring all options, even for just academic reasons.

[L1882]

Re: Can you get a CCJ removed?

It is largely academic now unless I can establish an issue with one of the default dates. Does seem unfair though, I was reading earlier about banks getting CCJ's removed from their records yet we are saddled for 6 years no matter what the circumstances.

[dan_1207]

Re: Can you get a CCJ removed?

You seem to have largely ignored what I wrote earlier.
CCJs are recorded at the Registry Trust.
You can apply for a Tomlin Order, which both parties may agree to, at a cost of £155 for the application and whatever your costs are to attend court.
If the other party doesn't agree, you will be liable for their costs of attendance. Usually this is £300 for a simple hearing.
Regardless of the outcome of that hearing, the Registry Trust will not then remove the CCJ for a period of 6 years.
You either paid the judgment within 28 days or you didn't. It's as simple as that. I have travelled this route myself, for a relative.

Sean, a lot of this is simply incorrect.

1. A Tomlin Order is used to set out terms during litigation. A Consent Order is used to deal with Orders of the Court (including Judgments).
2. A Tomlin Order is not £155.00 and no application is required.
3. You will have the right to argue as to costs and, if the other side are unreasonable in refusing to consent, you are not likely to be held liable for their costs.
4. The Registry Trust will remove Judgments if agreed by consent between the parties.

I'm not trying to pick a fight, I'm just concerned with the massively different opinions being offered.

[L1882]

Re: Can you get a CCJ removed?

So from what you are saying dan, if I approached the creditor who acquired the judgement and negotiated with them we could, with agreement, approach the registry trust and get the CCJ removed? Are any court proceedings involved or is it simply direct with the trust as it isn't so much getting the judgement set aside as removed from the records?

[dan_1207]

Re: Can you get a CCJ removed?

So from what you are saying dan, if I approached the creditor who acquired the judgement and negotiated with them we could, with agreement, approach the registry trust and get the CCJ removed? Are any court proceedings involved or is it simply direct with the trust as it isn't so much getting the judgement set aside as removed from the records?

Speak with the solicitors who acted in the litigation as they will still be on record. Offer to settle the Judgment amount (or an agreement thereon) and have the Judgment removed by way of a consent order. It won't result in a hearing, as the matter is dealt with ex parte and simply sealed by a Judge when he or she comes to it.

You need to have the judgment set aside for it to be removed from the Register, so the Trust won't be able to help you. Once the Judgment is removed, the Court notify the Registry (or you can, to speed things up) with a copy of the sealed order and the Judgment is removed.

We can draw up a consent order for you, but it won't be any good without the other side's agreement to signing it

[L1882]

Re: Can you get a CCJ removed?

Cheers Dan. My plan now is to wait for the SAR information regarding one of my defaults. If that proves to have been added late and I can get it amended then it might be worth a try. T'other side might be willing to agree on the basis that they'll get payment about 2 1/2 years early. Of course that may not be enough leverage but as they say in Newcastle, shy bairns get nowt (in other words if you don't ask you don't get).

I may well be back to you regarding the consent order depending upon what the SAR reveals - and then whether the other side are willing to play ball. That said if memory serves the solicitors involved were Bryan Carter so I won't hold out much hope.

[dan_1207]

Re: Can you get a CCJ removed?

I'll leave the SAR part of things to other members of the forum as this isn't my area of law. With regards the consent order, I'll gladly help.

[L1882]

Re: Can you get a CCJ removed?

Cheers Dan - I have already sent the SAR and have been advised by HBOS I should have a response by 05/04/2015. The main impact it has on this is simply whether there was undue delay in adding the default to my file. If not then getting the CCJ removed isn't worth the effort or cost as it would only save 12 months in terms of my credit file.