Can you get a CCJ removed?

[L1882]

Hi All

Hope this is the correct forum. At this stage it's just a simple question. I received a CCJ for a LLOYDS bank account that was sold to Lowell. I didn't defend (I now know I should have but at the time with these things I tended to simply make an offer to pay).

So back on point. Over the next couple of months I'm looking to hopefully be in a position to reclaim an number of fee's from Lloyds and prove that it was there fee's and charges that caused the account to become delinquent. If I was successful are there any processes or grounds I can use to have a judgement removed?

[sean5302]

Re: Can you get a CCJ removed?

No.
I tried that many years ago for someone, by raising a county court appeal.
The Judge said he was powerless to act. Either the amount claimed is paid to the successful party within 28 days, or it isn't.
If the payment is not made within that time, a CCJ is recorded, lasting 6 years.

[L1882]

Re: Can you get a CCJ removed?

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

[nemesis45]

Re: Can you get a CCJ removed?

When was the judgement awarded, applications to set aside must be made quickly?
Was this a judgement by default i.e. you did not acknowledge service and file a defence?
If the default sum in this case was caused " SOLELY" by charges without which the account
would not have defaulted then it should not have been defaulted thus no cause for the creditor
to issue a claim at that point.
Lloyd would have issued a " demand for payment " in full" at some point this was the time to make
a challenge to the amount SO and how it was made up.
nem

[L1882]

Re: Can you get a CCJ removed?

It's easy for me to look now at the endless mistakes I made by putting my head in the sand - trouble with these things is you are not always in the best place to start with then the legal process can seem very daunting, threats implied of how they'll take your house, the feeling that you are one little voice against the might of huge financial institutions with endless cash and legal resources and a feeling that the system is designed to be against you. Of course when you raise your head, puff out your chest and start to face the issues you realise they aren't so scary, the courts are balanced and fair - and resources like this exist to help. Well I wish I'd done a lot of things differently but I didn't. I'll just take this one on the chin. Not worried about it from a getting credit point of view, never intend to go down that route again. Just other areas in life where credit checks are used that I'd like to clear things up for.

[sean5302]

Re: Can you get a CCJ removed?

This is why the Forum is so useful.
There are some really good, helpful people here and they want to help you.
You will now be forearmed and ready for the next problem that life brings you.
A CCJ is a pain, but it only lasts 6 years.

[nemesis45]

Re: Can you get a CCJ removed?

When was the judgement made?

nem

[dan_1207]

Re: Can you get a CCJ removed?

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.

[L1882]

Re: Can you get a CCJ removed?

The judgement was Feb last year. In the grand scheme it isn't a disaster, adds about 3 years until my file is clear.

My logic was this, the only reason I was in trouble was due to the practices and charges levied by LLOYDS. Once I get a response to a SAR I've sent I'm going to try and go after them for a refund. Now the debt was sold but if as you say with their consent I can get it removed I'm wondering if I speak to Lowlife and offer a full payment on the proviso we remove the CCJ they might want to play ball - after all they'll get their money a lot quicker that way.

It really is just a question at this point - I'm not even sure it would be worth the hassle as just checked and the suggestion is one of my defaults was 2013 but I was sure this was a long time before this - in fact I was sure it was around 2010! The SAR from this creditor should show this though but if its accurate then I'd be going to all that trouble for the sake of 12 months.

[nemesis45]

Re: Can you get a CCJ removed?

If a default was placed unreasonably late e.g. more than 6 months after the DN was issued then there is the chance of getting the default date amended.

For clarification: Many people receive a default notice and contact the creditor make arrangements etc. and the creditor does not actually place a default or the debtor rectifies the default before the time limit runs out again no default is place at that time.

Many such accounts with arrangements or remedies will default at a later date and a new DN will be issued and not remedied thus a default is placed and reported to CRA's.

In short receiving a Default Notice does not mean a Default has been actually placed or reported to CRA's.

A CCJ and Payments: A judgement debtor can within 28 days from the date of judgement pay the judgement order in full and no CCJ is recorded in public records.

On cannot " negotiate" removal of a CCJ in the way you suggest, you would need to apply for it to be set aside pay the fee and have extremely good reasons for the application e.g. an absolute defence to the original claim. The fee for this is £155.00 with no guarantee of success especially as more than a year has elapsed since the judgement.

nem

[L1882]

Re: Can you get a CCJ removed?

Cheers Nem - I was basing my thoughts on Dans view that if the other side agree then a set aside would be possible. I'll update more as and when I get all my SARs back. At that time I'm hoping to asses my options for reclaiming charges etc against various creditors.

[dan_1207]

Re: Can you get a CCJ removed?

You can negotiate the removal of a Judgment by way of a consent order. If you make an offer to settle, a consent order can be drafted (and the relevant fee paid) to have the Judgment removed by consent. It isn't "make an application or do nothing".

If you offer full payment then the Judgment can be removed. If you offer a settlement figure in full and final settlement and it is accepted, it can be removed.

[dan_1207]

Re: Can you get a CCJ removed?

Cheers Nem - I was basing my thoughts on Dans view that if the other side agree then a set aside would be possible. I'll update more as and when I get all my SARs back. At that time I'm hoping to asses my options for reclaiming charges etc against various creditors.

If you're considering a claim at a later date, check the wording of any consent order carefully. For example, when I draft consent orders, one clause reads "The Claimant and Defendant hereby expressly agree that the terms of the Order satisfy both the Claim and any potential Counter Claim or other claim in connection with the amounts sought in the Claim herein" or words to that effect. Make sure you're not singing away your right to sue them.

[L1882]

Re: Can you get a CCJ removed?

The plus side Dan is the CCJ is with Lowlife but any claim for charges etc would be direct with LLOYDS so even if there was such a clause it wouldn't protect LLOYDS

[nemesis45]

Re: Can you get a CCJ removed?

The plus side Dan is the CCJ is with Lowlife but any claim for charges etc would be direct with LLOYDS so even if there was such a clause it wouldn't protect LLOYDS

It would I think be highly unlikely for Lowell to set aside after all the time that has elapsed.
A Tomlin(Consent) Order will if agreed prevent a CCJ being added if the terms are met, But if the terms payment are not maintained a CCJ WILL be sought and granted.

As to the original account with Lloyds they have no interest in the CCJ and any claims or applications made in regard to the judgement.

As to your attempts to reclaim charges the OFT lost the test case against the banks on this and reclaiming standard bank charges is virtually impossible.

Set aside applications should be placed immediately or shortly after the judgment is made.