CCJ - Consent Order to set aside CJJ

[Arnold0507]

Hi, appreciate there are lots of threads relating to similar context; I'm looking for opinions based on previous outcomes / experience please?

I have a CCJ c3 years old. I no longer live at the address, but I was well aware of it - I chose to ignore it (I'll accept the criticism and choose not to expand on the circumstances).
Anyway, I want to get this cleared and hopefully get it set aside.
I have proactively contacted the debtor (the debt was sold on to a collection agency), they have agreed a full and final settlement and agreed to a consent order to set aside (I'm yet to actually pay the agreed amount).

I understand Judge's don't take lightly on 'credit washing' but in real terms, what are the chances of a set aside based on previous cases / experience?
As mentioned, without going into detail, justification of the set aside will be on the grounds of not at old address, covid, health complications. All true, but being frank, more excuses that reasons not to do the right thing at the time (just being honest, I was avoiding the situation).
Obviously, I've now come to my senses, want to pay this debt and do anything to get it off my credit file.

Thanks in advance

[R0b]

Unless you are incredibly lucky, there is a next to nothing chance of you getting the CCJ set aside through the usual process. You are effectively trying to repair your credit file through through the courts which in my view is an abuse of process. If you have paid a CCJ off then the correct process is to obtain proof of payment from the creditor, submit that to the court for a fee of around £15 you will get a certificate of satisfaction. Credit agencies will update their records to show the CCJ has been satisfied but will remain for 6 years.

As mentioned, without going into detail, justification of the set aside will be on the grounds of not at old address, covid, health complications.

I don't think a reasonable judge will accept this. You accept you were fully aware and unless you were physically and mentally incapable of doing anything about it for the last 3 years, which would require medical evidence and not just a letter from your GP, then you have no chance of getting it set aside for these reasons.

If you go down the path of consent order, it is at your own risk and cost and no guarantee it will be signed off by a court.The consent order would need to state that the claim is dismissed having received full payment, and that's where any sensible judge reviewing the order might raise alarm bells which require further investigation.

[Arnold0507]

Thanks Rob, that's the kind of frank, honest answer I was looking for, I guessed as much so whilst its a long shot, like you say its at my own cost and risk.
Good to know - looking at other posts, most requests seem to be anecdotal in terms of evidence, I'm guessing there are potentially others seeking a similar view without needing to plead some excuse now.

[R0b]

The only thing that might ride in your favour is the consent order because 8/10 times the court will rubber stamp it since it is each party's' wishes. The other 2/10 times is reserved for judges or legal support people who review the consent order and are sticklers for the rules and will insist on further evidence, require a hearing to explain yourself or reject it on the basis something fishy is going on.

The other problem is that typically the consent order drafted by these law firms representing debt companies are not well written or could be better worded/explained, and sometimes they refuse to sign a consent order unless it is their own version being signed. That puts you in the predicament of signing it or making a formal application to set aside.

I've attached an example of this kind of set aside order where the judgment debt has been paid to give you an idea as to how you may want to word it to give you the best chance of setting aside.

[Arnold0507]

Thanks Rob, super helpful. In your view, should I pay the settlement before the order is sealed / heard? Even if its thrown out, I'll still pay it so wondering if there's any upper hand play here to hold out paying until at least the order is seen by the court.

[R0b]

That's really your decision to make, not anyone else. Whichever way you look at it you either pay up and get a consent order signed by the other side albeit not what you want it to say and hope a judge will approve. Alternatively, you submit an application to set it aside and go through the court process to a hearing.

You would have to rely on CPR 13.2 by arguing that the claim was sent to an old address and therefore the claim form was not validly served so it should be set aside as of right. CPR 13.2 doesn't require promptness to be taken into account because under this rule, default judgments are set aside due to procedural errors meaning that the judgment should not have been obtained in the first place. The difficulty with county courts is that judges are a complete lottery and some judges may think you are taking the mick if they were to become aware you knew about this for several years but did nothing and then decide to refuse your application anyway.