Assistance with N244/Consent Order to remove a CCJ

[gonzozo5]

Hi,

I am helping a friend to remove a CCJ from his record and require some assistance (it dates back to 2018).

Do you require a specific reason to have a CCJ removed if the claimant has given their signed consent for the judgement to be removed? (I have uploaded a copy of the contents of the consent order)

If so, what would count as a good enough reason for a Judge to strike off the CCJ?

Finally, when you submit a consent order to the court along with the relevant N244 form is the court fee £100 or £255? The correspondence I received from the court is: "If you are filing a consent order the correct fee is £100. If you are filing an N244 the correct fee is £255."

Thanks in advance to any guidance given, it is much appreciated.

Louis

[R0b]

Setting aside the CCJ is governed by Part 13 of the Civil Procedure Rules. If the parties have consented to setting aside the judgment, then the court usually process it as per the terms of the consent order. However, a judge does have the final say and can reject the consent order if, for example, he or she has a whiff of the defendant trying to repair their credit history and may request a hearing to determine the circumstances and question the parties - unlikely but possible.

Your friend should have really not paid the claimant as that is deemed as an admission.

Cost is £100 with a consent order.