CCJ removal?

[R0b]

Re: CCJ removal?

The cost of a consent order is £50 agreed and generally an administrative procedure as stated above, however the judge does have right to haul you in front of the court and ask why you didn't attend the first hearing - obviously this has happened to me and rightly or wrongly paid fees of £155 for the privilege. Anyway a Tomlin Order is a form of consent and is used for many reasons, usually where the claim is stayed, or where the parties have agreed the payment terms in advance and dont want an admission of liability or quite commonly, to prevent public details of the consent order being revealed and remain confidential.

Anyway, I've attached 2 Consent Orders i've quickly knocked up for you, a basic consent order and one which has an undertaking. Once FlamingParrot has overlooked your letter, I'd suggest attaching either one along with it which might speed things up. Personally if you want them to agree to a Consent Order i'd opt for sending them the undertaking option. This practically gives them the guarantee that they will receive payment of the debt tha was originally owed. Alternatively if your not comfortable with this then go for the basic one.

Once we have an agreement from them or signed order, then the application form will take 10-15 mins to do.

[ploddertom]

Re: CCJ removal?

Sorry to butt in but I would be be very wary of doing this. There is a recent case - can't remember where at the moment - where a Judge refused to do this as he saw it as a case of "Credit Repair" whereas the correct procedure is either to apply for Set Aside - in my view this would fail - or to pay the debt outstanding and pay for a Certificate of Satisfaction.

[R0b]

Re: CCJ removal?

That is why it is the judges discretion as to whether he or she grants the setting aside, there could be a whole host of arguments you can put forward when asking for it to be set aside. But for £50, worth a shot if it removes a CCJ.

EDIT: as for reference CPR 40.6 is the part about setting aside judgments not satisfied may be entered and sealed by a court officer

[jaisunny]

Re: CCJ removal?

Sorry to butt in but I would be be very wary of doing this. There is a recent case - can't remember where at the moment - where a Judge refused to do this as he saw it as a case of "Credit Repair" whereas the correct procedure is either to apply for Set Aside - in my view this would fail - or to pay the debt outstanding and pay for a Certificate of Satisfaction.

This is what the solicitors explained to me, they said if the judge saw it as purely looking to repair their credit they'll refuse it. Im sure people do this. But i genuinely missed the court hearing which albeit is down to my own stupidity. Having said that i still want my credit repaired from this as i believe (putting my previous stupidity to one side) it wasn't justified for the following reasons.

1. The judgement was for a unpaid customs charges (ive paid £1000s and £1000s before never not paid a customs charge). I disputed this customs charges at the time because they were higher than they should have been. The sender marked the package as if the goods that were ordered were resealable. But the goods me and my friend ordered were for test/sample purposes and not for resale, so technically had no market value at all. So was originally marked incorrectly which means if corrected (again wasn't) i wouldn't be in this situation.

2. I ordered these goods with my friend 50/50, but delivery can only be in 1 persons name which was mine. I have a CCJ and my friend does not!.

At the time of the judgement in 2013 i was signed off work by the doctor for stress and anxiety, was going through a very bad patch which was work related. My head was messed up and ultimately i stayed at my partners house more often than mine for comfort really due to the bad experiences and stress caused. I dont like to hand out my sob story but that's what happened, i was eventually made redundant and eventually recovered from a bad period of my life. In all honesty i put this judgement/court issue to the back of my troubles at the time.

[jaisunny]

Re: CCJ removal?

The cost of a consent order is £50 agreed and generally an administrative procedure as stated above, however the judge does have right to haul you in front of the court and ask why you didn't attend the first hearing - obviously this has happened to me and rightly or wrongly paid fees of £155 for the privilege. Anyway a Tomlin Order is a form of consent and is used for many reasons, usually where the claim is stayed, or where the parties have agreed the payment terms in advance and dont want an admission of liability or quite commonly, to prevent public details of the consent order being revealed and remain confidential.

Anyway, I've attached 2 Consent Orders i've quickly knocked up for you, a basic consent order and one which has an undertaking. Once FlamingParrot has overlooked your letter, I'd suggest attaching either one along with it which might speed things up. Personally if you want them to agree to a Consent Order i'd opt for sending them the undertaking option. This practically gives them the guarantee that they will receive payment of the debt tha was originally owed. Alternatively if your not comfortable with this then go for the basic one.

Once we have an agreement from them or signed order, then the application form will take 10-15 mins to do.

Thats very kind of you indeed, looks very formal and something i would not of been capable of. Do you want to see the letter i originally sent to DHL too? i will PM you it.

Thanks

[FlamingParrot]

Re: CCJ removal?

Sorry to butt in but I would be be very wary of doing this. There is a recent case - can't remember where at the moment - where a Judge refused to do this as he saw it as a case of "Credit Repair" whereas the correct procedure is either to apply for Set Aside - in my view this would fail - or to pay the debt outstanding and pay for a Certificate of Satisfaction.

I know of a case where it was agreed to set aside a judgment, as ever it's always down to the judge on the day, however, in this case the judgment didn't arise from credit as such, this wasn't money the OP borrowed and didn't repay, and this is something that could be argued.

[jaisunny]

Re: CCJ removal?

Don't know if it makes any difference (probably not now) but i just dug out the county court forms.

The ones stapled together on the top right corner say 'IN THE WORCESTER COUNTRY COURT' (dated 12 June 2013)
-Then it has my name spelt incorrectly (first name ok surname should be 'tain' but they put 'train') by the way neither are my real surname i have used a different name due to this being a public forum.
-On the front page still it says claimant/defendant then under that the reason for the debt then it says VALUE £122.25
-Then under that it states:
The Payment owed...
Amount claimed £142.28
Court fee £35.00
Solicitors cost £0.00
Total amount £177.28

On a seperate peice of paper which is titled:

JUDGEMENT FOR CLAIMANT (Dated 17 July 2013)
Again my name spent incorrectly
FROM NORTHAMPTON (CCMCC) COUNTY COURT
IT IS THEREFORE ORDERED THAT YOU MUST PAY THE CLAIMANT £142.70 FOR THE DEBT AND £35.00 FOR COSTS.
TOTAL £177.70

So the court paperwork states £177.28

The judgement letter states £177.70

[FlamingParrot]

Re: CCJ removal?

The inconsistencies are probably not significant enough to make much difference, unless your name was spelled so differently that it could be doubted that it was you at all.

[R0b]

Re: CCJ removal?

Agree to an extent with FlamingParrot but there a differences in circumstances where the claim has been filed and where there has been a judgment. There's a widely known rule called the "Slip Rule" which in effect enables the court to amend a judgment due to a clerical error or mistake. So whilst you can dispute the judgment was not made in your name, it wouldn't take too much effort for the DHL to argue the "Slip Rule". That being said, it's probably best to just proceed as we are doing now instead of incurring further costs and/or potential to annoy DHL when you are looking to set aside judgment.

[On track]

Re: CCJ removal?

Hi new here wondering if anyone can help.. I received a ccj acceptance for £275 for a debt I originally disputed to state I felt I owed £235.

As I'm within the first 30 days of the acceptance being issued i believe I can get this removed if I pay in full. I phoned the creditor who agreed to settle the account for £235. I have now paid this in full but want to be sure the ccj will be removed fully or should I have paid the £275 the court stated to get it removed. The creditor stated it would be removed but wanted some assurance they have sent me an email acknowledging payment and the account is settled would this be enough to remove the ccj or should I have paid the 275
Any help would be appreciated thanks