Proceedings for the removal of CCJ from my credit file

[momy3]

Hi all,

I owed rent from 2022 because I had health issues and as a self employed my business failed and I could not pay. They took me to court back in Sept '22 and the Judge asked I leave the house. The CCJ came on my credit file the summer of the following year. Right now, third party has agreed to provide the funds for me to pay the old Landlord on the basis that the CCJ is removed as that will guarantee he will get his money back. The Landlord has agreed to a consent form order, however I do not know how to proceed form here. I have read the set aside page and it seems the Landlord will be the one to provide me with the consent form. Please I am a bit confused at the next steps that needs to be made. Can someone please help? Thank you

MIKE770 R0b

[R0b]

Hi,

What you are doing is known as 'credit washing' which is to effectively scrub any CCJ on your credit file that was lawfully obtained. The courts have become wiser to this so they may challenge any application made, and reserve the power to reject your application on that basis or invite you to a hearing to explain yourself - that is the risk you will have to take.

Do you know if the landlord is legally represented in relation to the consent order or do they intend to get legal representation?

In terms of the next steps, you will need:

1. Form N244
2. Signed Consent Order

I may have an example of an N244 and consent order somewhere but it's unlikely to be tailored to your specific requirements so there would need to be some drafting to reflect what has been agreed. I will try to find it and dig it out and upload on here.

Are you able to confirm what you have agreed specifically with the landlord that needs to go in the consent order?

[momy3]

The landlord has only agreed to the consent order form because I asked. He said as long as his money gets paid, which we have subsequently agreed on the amount. The have a lawyer they used during the initial case but I don't know if they are involving their lawyer this time around.

What we agreed via email, which I believe is going into the Consent order form is the full amount will be payable by a third party once CCJ is removed and this payment will be made by credit card

[momy3]

R0b waiting on the sample that can help this particular case. Thank you . Also, can someone advise me on who I can speak with directly on this matter? This issue is really affecting my life.


MIKE770 ostell seduraed pt2537 Celestine

[ULA]

momy3 just to say everyone who provides their time and advice, does so on a voluntary basis. I appreciate this is a stressful situation for you but please be patient and I am sure that when R0b is next online they will respond to your post

Can you please clarify what you mean by "Also, can someone advise me on who I can speak with directly on this matter?" We do not have a telephone support line you can contact. All our advice is provided via the forum.

[pt2537]

Hi all,

I owed rent from 2022 because I had health issues and as a self employed my business failed and I could not pay. They took me to court back in Sept '22 and the Judge asked I leave the house. The CCJ came on my credit file the summer of the following year. Right now, third party has agreed to provide the funds for me to pay the old Landlord on the basis that the CCJ is removed as that will guarantee he will get his money back. The Landlord has agreed to a consent form order, however I do not know how to proceed form here. I have read the set aside page and it seems the Landlord will be the one to provide me with the consent form. Please I am a bit confused at the next steps that needs to be made. Can someone please help? Thank you

MIKE770 R0b

You will need to ensure that you draft the consent order so that it deals with setting aside the judgment, a good recital explaining why the judgment was wrongly entered and explaining what the parties have agreed is always helpful to the judge.

You need the consent order signed by both parties and you will need to submit it to the Court that granted judgment along with the fee which is currently £108.

Now, i must point out that the Court doesnt have to set the judgment aside, the Judge has total discretion here, he can decline even if the parties agree, although it would be unusual.

[R0b]

Here you go, an example of the N244 and consent order.

As PT suggested, you will need to provide some explanation why the judgment should be set aside, I have added some example language in the AND UPON section which is the recitals, but you may need to amend or update as appropriate.

[momy3]

Thanks ULA for your response.

Tagging R0b was a gentle nudge and I hope it didn't come across as me been annoying, that wasn't my intension. I understand there is no telephone support, however, my line of thought is, if someone can advice me on who could take my case up legally.

pt2537 thanks as well for your response, I appreciate. Where you mentioned it is unusual for the Judge to decline uplifted my spirit and gave me hope. From the readings I have done on this forum, I am hoping to defend my non payment with my ill-health. However, I do not have a defense for not acting prompt in the sense that the court order was in Sept '22 and the CCJ came on my profile in June 23'. Now that we are in March '24 how do I defend not been prompt? Also, Rob had mentioned credit washing and I do not want to cross this line. Please any advise on this? Thank you.

[momy3]

Hi R0b I miss your reply last night. Thank you. I will go through it and apply it to my situation. Please do you know any defense I can use for not acting promptly?

[R0b]

Hi R0b I miss your reply last night. Thank you. I will go through it and apply it to my situation. Please do you know any defense I can use for not acting promptly?

There are numerous reasons for not acting promptly but that doesn't apply if you are seeking to set aside via a consent order. The purpose of the consent order is to avoid having to explain yourself at a hearing. You can't just pick a reason for not acting promptly if it does not apply to your situation as that is being dishonest.

[momy3]

Hi R0b , thanks again for your response. To be fair I do have reasons for not acting promptly however I do not know if this is admissible in court. In reference to my above question, please are you able to help with this case for a fee? (Not sure if I should ask on here) I will want a legal representation with someone who perhaps had dealt with a similar case and was successful, otherwise if you know someone else who can help ( for a fee) please advise me. Thank you

[R0b]

Sorry I don't offer legal representation. I would suggest you do a little online research for law firms that can help you on this or local high street ones but bear in mind you are unlikely going to be able to recover your legal fees back so you need to weigh up if that is worth doing. You need to be looking for a litigation/dispute resolution lawyer.