CCJ removal

[Jools47]

How do i remove a CCJ? Both parties have agreed that the debt has been paid.

[R0b]

Re: CCJ removal

If it was paid within 30 days of the judgment then you need to notify the court with evidence and also Trust Online Registry.

If it was paid more than 30 days, you can have it marked as satisfied for a small fee (£15 I think) but I am afraid it will be the for the next 6 years.

[CLL1]

Re: CCJ removal

If it was paid within 30 days of the judgment then you need to notify the court with evidence and also Trust Online Registry.

If it was paid more than 30 days, you can have it marked as satisfied for a small fee (£15 I think) but I am afraid it will be the for the next 6 years.

Not quite - both parties consenting means a consent order can be filed and it will be removed, regardless of the 30 day rule.

[R0b]

Re: CCJ removal

Not quite - both parties consenting means a consent order can be filed and it will be removed, regardless of the 30 day rule.

I don't think that's quite correct, there have been cases I am aware of where the courts have refused to remove the CCJ saying that it is adjusting someone's credit history and doesn't represent a true picture. On the other hand I have also seen judges remove a CCJ by a consent order where, the debtor still owes the money and is willing to pay in full if consent to remove the CCJ is given.

The OP has only suggested that they have agreed the debt has been paid, not agreed a consent order.

So it is discretion of the court as to whether it agrees to set aside the CCJ is by no means guaranteed, especially if the money has already been paid.

[CLL1]

Re: CCJ removal

I don't think that's quite correct, there have been cases I am aware of where the courts have refused to remove the CCJ saying that it is adjusting someone's credit history and doesn't represent a true picture. On the other hand I have also seen judges remove a CCJ by a consent order where, the debtor still owes the money and is willing to pay in full if consent to remove the CCJ is given.

The OP has only suggested that they have agreed the debt has been paid, not agreed a consent order.

So it is discretion of the court as to whether it agrees to set aside the CCJ is by no means guaranteed, especially if the money has already been paid.

I work in practice and not once has a judge refused to agree a consent order to the effect that a judgment be set aside - it could be for any number of reasons. It's no more than a rubber stamping exercise, and you'd be very unlucky if your consent order was reserved to the judge for any reason.

[R0b]

Re: CCJ removal

I also work in practice too, and have come across this a number of times. Judges have often referred to the fact that the CCJ is to remain for six years and if the debtor has paid after the 30 day period then they can apply to the court for confirmation that the CCJ has been satisfied and have it marked accordingly. You seem to be referring to a consent order in general not where the debtor has received a CCJ and then specifically tries to circumvent the CCJ by paying up and then having it removed.

If the debtor wants to have the CCJ set aside then they will need to provide reasons under the applicable grounds for setting aside a judgment. I am not so sure that the debtor has now paid his debts in full and wants the CCJ removed because it is hindering him/her in some way is a good enough reason, otherwise what is the point in recording a CCJ if people can have it removed willy nilly? You still need to make the application and explain why you want the CCJ set aside, and as part of the consent order you will also have to state the claimant withdraws their claim on the basis they have been paid.. potentially an abuse of process.

Unless the reason to set aside is mandatory, it's the court's discretion to do so.