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Consent Order to Remove CCJ

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  • Consent Order to Remove CCJ

    Hi all, I have a question on consent orders for county court judgements. If the claimant and defendant agree on a repayment plan, is it possible for a consent order to be issued if both parties are in agreement? If so, what legal basis would it be on?
    tks for any help
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  • #2
    In my opinion if the ccj was issued more than 30 days ago, and you have admitted the debt, you may have difficulty removing the ccj
    Once the debt has been repaid in full, it can be marked "satisfied" on your credit file, but will remain on the public register for 6 years

    Was the ccj issued more than 30 days ago?

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    • #3
      Hi Pezza, tks for the reply. The CCJ was about a year ago but the claimant has contacted offering to agree to a consent order to remove the CCJ if the defendant pays. A google search returned the following:

      A Consent Order is a special legal agreement that exists between you and the Claimant. This Legal Agreement sets out the legal basis on which the claimant agrees for the County Court Judgment (CCJ) to be removed from the Public Record. It is therefore imperative that the exact terms of the Consent Order meet the relevant sections of Law and satisfy the reasons for removing the CCJ as presented in the Civil Procedure Rules (CPR). If not, then it might be that when the Court examine the Consent Order, they refuse it on the basis that it does not present any “Good Reason” for the Judgment to be removed.

      I guess that the claimant has realised that there's no equity in the defendant's property so seems to be on a hiding to nothing. If this is a mechanism for the claimant to offer to remove a CCJ I was wondering what the "relevant sections of law" and reasons for satisfying the removal of a CCJ would entail.
      tks again
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      Last edited by ADDLED; 6th October 2024, 21:48:PM. Reason: To add additional detail.

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      • #4
        Your quote is from one of the companies advertising that they can remove a CCJ in some circumstances. I don't know the relevant law on this but a quick search on solicitors' sites suggests that removal by consent might be possible if it was a default judgement (but not otherwise). This site for example.

        https://www.masonbullock.co.uk/can-a...de-by-consent/

        Was yours a default judgement?
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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        • #5
          Not mine, an ex partner. She doesnt have any equity so was happy to let the 6yrs run down but they contacted her and threatened to register a default for the same debt they already have a CCJ for. Can they do that?

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