How long does it normally take for a CCJ to be set aside? (from the day you apply)

[Fuzzy123]

I think I have grounds to have a CCJ set aside.* The CCJ was sent to the wrong address and the amount I owe I believe is incorrect.*

But the solicitors who are chasing the money have offered me a settlement of almost 50% off if I pay within 90 days (this offer has nothing to do with with the amount I owe being incorrect as I hadn't raised the dispute with them or the financial ombudsman yet).

They say this offer to settle my account will still be on the table if I set aside the CCJ, as long as it is within 90 days (they won't extend this 90 day offer).* This will be satisfactory to me, but I'm not going to pay it until the CCJ is definitely set aside.

If I apply to have the CCJ set aside today and I'm successful, will the process comfortably take within the 90 day timescale?* Or is it often a longer process?

[R0b]

Depends on how busy the courts are, I think you might struggle to get a hearing within 3 months but it is possible.

Can you not ask them to consent to setting aside the CCJ at their (or your) expense and then you can pay them the 50% discount. If a judge confirms the consent order, that would probably take around 6-8 weeks from making an application as a hearing is not normally necessary.

[Fuzzy123]

Depends on how busy the courts are, I think you might struggle to get a hearing within 3 months but it is possible.

Can you not ask them to consent to setting aside the CCJ at their (or your) expense and then you can pay them the 50% discount. If a judge confirms the consent order, that would probably take around 6-8 weeks from making an application as a hearing is not normally necessary.

Thanks for the reply, Rob!

Yeah I think this will be the best option, I rang up the National Debt Helpline just before they closed this evening and they told me to do more or less the same thing.* They did tell me to get some legal representation if I go down this route though to draw up the consent order, and they're going to email me some contacts who will be able to give me further advice (think one of them was the law society, and the other I've forgotten... they haven't sent me the email yet though).

I did ask if this was something I could do myself, but they said it would be better if I could get representation.

[R0b]

It's always going to be better having legal representation than without but that depends in whether you can afford it or not.

A Consent Order is one of the less difficult things to do and could probably be drawn up by yourself.

Have you contacted the other side to see if they'll consent to setting aside?*

[Fuzzy123]

It's always going to be better having legal representation than without but that depends in whether you can afford it or not.

A Consent Order is one of the less difficult things to do and could probably be drawn up by yourself.

Have you contacted the other side to see if they'll consent to setting aside?

I've drafted a consent order.docx myself today having browsed previous posts and amended it to my situation (haven't sought further advice yet), so I'm going to propose this to them to see if they'll consent. Would you be able to have a look? File is attached.

Do the terms look reasonable for both parties? Anything you would change or add? Also wasn't sure about what exactly section 5 means or whether it is needed, but everyone else seems to put that down on their consent orders: "5 - No order as to costs"

Also, who should the claimant's name be? The CCJ was originally issued by Reston's solicitors but they're not dealing with it anymore, the debt was passed to Arrow Global, and I'm dealing with Drydensfairfax who I believe are acting on Arrow Global's behalf, but wasn't sure of those 3 who the claimant should be? Or maybe I'll just leave that to them to change when I send it to them to get their approval/signature?

Thanks again!!!

[Fuzzy123]

Just wondering if I need to put a clause in there that no further action will be taken by either party once the settlement is paid and the judgement is satisfied?

[R0b]

Couple of points.

1. Don't use hyphenations, number the paragraphs e.g. 3.

2. Paragraph 1 for avoidance of doubt after .... you should put in backets "(Claim No. XXX)" which puts beyond doubt which judgment is being set aside.

3. Paragraph 2 is not necessary.

4. For paragraph 3, I would suggest 30 days as opposed to one calendar month to avoid confusion about the payment deadline. Also, "wheron the Claimant shall notify the court that the claim is settled" is not really necessary.

5. Paragraph 4, substitute "section 3" with "paragraph 3" and substitute "the Claimant is free" with "the Claimant shall be entitled to apply to enter judgment" and remove the last part of the sentence after that. Minor point but you've capitalised "IF" that should be "If".

6. Full stops needed at the end of each paragraph.

[Fuzzy123]

Couple of points.

Thanks Rob, you're amazing!*

I've revised the consent order.docx now.* How's it looking now?

Also still unsure about who is the claimant?* Wasn't sure if it has to be the organisation who issued the CCJ (Restons) or the people who now own the debt (Arrow Global) or the people who are now working on Arrow Global's behalf (Drydensfairfax).* Just didn't want to leave it to chance in case they make a mistake and it gets rejected on those grounds!

And I guess other than that, it's just a case of phoning them them up and seeing if I can get them to agree.* Or would it be better to ask them by email?* Or even post?

Thanks!