CCJ question

[jasonleake]

CCJ issued back in November 2016 but moved out of this address back in July 2016. I only discovered the CCJ after checking my credit report online, phone call to the county court confirmed who issued etc. I have spoken to the company that issued the CCJ and have made arrangement to clear the balance in full, due to the job I'm in also a CCJ could cause me problems so I asked them if they would agree to me putting an application in to have the judgement set a side. They have agreed to this and will help all they can do this. I have been reading through the internet and various posts on here.

I understand to have a CCJ set a side it costs £255 but obviously with the company consenting to this am I right in saying I can do an application by consent which costs £100 ?. I will be completing the form N244 but what else do I need to include with the paperwork ?

[charitynjw]

Re: CCJ question

http://legalbeagles.info/library/how...-judgment-ccj/

[mystery1]

Re: CCJ question

http://www.legalbeagles.info/forums/...-CCJ-Set-aside

An example from a parking one.

M1

[Diana M]

Re: CCJ question

CCJ issued back in November 2016 but moved out of this address back in July 2016. I only discovered the CCJ after checking my credit report online, phone call to the county court confirmed who issued etc. I have spoken to the company that issued the CCJ and have made arrangement to clear the balance in full, due to the job I'm in also a CCJ could cause me problems so I asked them if they would agree to me putting an application in to have the judgement set a side. They have agreed to this and will help all they can do this. I have been reading through the internet and various posts on here.

I understand to have a CCJ set a side it costs £255 but obviously with the company consenting to this am I right in saying I can do an application by consent which costs £100 ?. I will be completing the form N244 but what else do I need to include with the paperwork ?

A quick question if I may

Do you actually owe the money to the Claimant (in legal terms)?

Is this a private or business debt/invoice/bill or an unpaid credit card/loan/overdraft etc?

Regardles of your answer you may be able to achieve a Consent Order signed between the parties to avoid the need for an application for a set aside. It should cost £100 to file the Consent Order at court (as you seem to be aware).

Ideally you would want a Consent Order which also states that the claim be dismissed. A set aside simply puts you back in the position you were in before the CCJ. This means you would need to file your Defence etc.

I'm sure you've got everything in hand but I'm a cynic so when any Claimant is willing and happy to agree to set aside a CCJ then I always ask myself why.

Di

[mystery1]

Re: CCJ question

I'm sure you've got everything in hand but I'm a cynic so when any Claimant is willing and happy to agree to set aside a CCJ then I always ask myself why.

I can answer that one "greedy bast@rds"

M1

[jasonleake]

Re: CCJ question

Thanks for the messages everyone!

I had a interest free plan through Payment Assist put in place by Halfords autocentres. I do owe them yes and a consent order is looking very promising as they have said they will support me! Would I still need to do form N244 and what do I put in a consent order ? I have searched for a template all over before posting on here

[jasonleake]

Re: CCJ question

Would this be ok -

Consent Order, something along the lines of 1. The parties have reached an agreement
2. The Judgment is to be set aside
3. The original claim is withdrawn.

[jasonleake]

Re: CCJ question

Paid the debt today and now need to sort the consent order which there happy to sign. I have just spoken to national debt helpline on the online chat telling me I couldn't do a consent order for the £100 but had to do the complete set a side judgement for £255, I told them not from what I have been told

[mystery1]

Re: CCJ question

I wouldn't have paid until the court agreed it. But you are where you are.

I read the rules that it costs £255 but it does say a general application without a hearing is £100. I question whether a set aside, which is specifically listed, can be done for £100. People have reported success in doing so.

M1

[jasonleake]

Re: CCJ question

Below is my response from the court

The consent order is an agreement between both you and the claimant to set aside the judgment or any other agreement or terms you may have both come to. It must be signed by both parties to be a valid consent order. You still need to complete the N244 to set judgment aside but you need to state that it is by consent.

If the claimant does not agree to the consent order, then a judgment can be set aside on an N244 application only by you but the fee is £255.00.

I hope this assists you with your query, should you have any further queries please do not hesitate to contact us.

[mystery1]

Re: CCJ question

But the claimant has agreed ?

M1

[jasonleake]

Re: CCJ question

They certainly did! Just from what the national debt helpline told me just throws you a bit being told two different things then being told what the court has told me is possibly wrong and I'm to seek legal advice

[jasonleake]

Re: CCJ question

How does the below sound ?

UPON THE APPLICATION OF THE PARTIES

[YOUR NAME and ADDRESS previously of OLD ADDRESS]

[CLAIMANTS NAME AND ADDRESS]


BY CONSENT
IT IS ORDERED THAT

1. The proceedings herein be stayed on the terms set out in the Schedule.
2. [Your Name] has prior to the date of this order paid to [Claimants name] the sum of £400 pounds receipt of which [Claimant's name] acknowledges.

3. the CCJ held for [Your name] under claim number [Claim Nunber] be removed and deleted from public record
4. No order as to costs


signed by claimant
signed by defendant

[ploddertom]

Re: CCJ question

You should be wary as there have been instances where Judges have refused Consent Orders like this believing they are circumventing the system because normally if you pay after the 30 days are up the Judgment still lies on your file but can be marked "Satisfied". They rightly believe the correct procedure is for Set Aside.

[jasonleake]

Re: CCJ question

Ok just trying to work out the best way of dealing with this, the claimant has consented to the CCJ being removed and the big thing is down to my job with the impact