Settlement of CCJ then appeal

[Alib]

Hi,

if you settle a CCJ in full. Can you then go on to appeal. For example could I go on to make an application with evidence (currently waiting for SARS).

the reason I ask is they’re making a claim against my property I want to avoid. I could do this by paying in full, but still want to appeal the application of the CCJ (we had no correspondence) no notifications etc. Is this still possible?

Currently trying to do this in an impossible timeframe. As the land registry need a response.

additionally if you get a consent order could you still appeal later. For example I could prove I didn’t get letters?

[Law Student 3]

Celestine ULA

Hello Alib

If you settle the CCJ in full you would not be able to appeal it as by paying it, it is assumed that you agree you owe the money.

If you think you do not owe this money or you have not received any correspondence you can fill in an N244 form to get it set aside however this can take up to 4 weeks. Proving that you have no received any correspondence/ notification about the CCJ can be a good reason to ask for it to be set aside, however you will need to show proof as well as you might need an additional defence to the claim.

Again getting a consent order would mean you acknowledge and accept the debt and you agree with the claimant an amount payable, therefore an appeal at a later stage would be very hard to defend.

[Celestine]

pt2537 I may be wrong but I do think there are circumstances where payment has been made but a judgment appealed.

Good response Law Student 3, this is a very challenging situation for ALIB.

[pt2537]

I believe Godwin v Swindon Borough Council may assist here. Godwin was the case if i recall correctly that said it would be a good reason in the circumstances of the case to set aside judgment because t he debtor would have paid had they known about the claim. You wouldn't be appealing if this was a judgment in default, however if you attended court at the hearing and lost then you would appeal.