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Set aside CCJ by consent


jon8214
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no set aside and that is the end of it, they got more money from me than they should have and were amicable about it

ok, they want to keep the amount paid and not reset things as if there wasn't a ccj.

as andy etc points then, seems that won't remove the satisfied ccj report on credit file. which is what you are concerned about re mortgage.

maybe not much point then?

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if you want to do the formal set aside to 'reset' things (ie start the claim again), then would need to do the n244 with grounds.

(i think it can still be applied for where a ccj has been paid, depending on the circs. not sure, noone has come back on that)

as said though, they are unlikely to consent to that.

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listening to everyones points here I shall leave it alone as it doesn't look like I will be able to get what I need

 

may just take the mortgage with a higher interest rate

 

thanks for your input everyone

 

Nothing to lose if they have agreed..let them try it...it shouldn't involve anything from yourself

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  • 5 months later...

There is a lot of well meaning advice on here but some of it is wrong so I need to correct.

 

 

A defendant CAN have a CCJ judgement set aside and must either obtain a mutual consent agreement with the claimant - or apply tot the court to have the court decide (£255 fee)

 

 

Remember set-aside is simply a term that indicates that the CCJ is removed form the record as if it never occurred. Although usually the set aside decision by a court is because there may be incorrect process involved (incorrect service of notifications) in the case of a default judgement (eg when a service is made to an old address) then the court will use its discretion if - and this is one example - the defendant may have been able to make a reasonable defense against the claim had they been aware of the claim)

 

 

Setting aside a default judgment enables it to be removed after the month period. This is a potentially risky and time-consuming route to go down and the court will not readily allow a CCJ to be set aside in an attempt to avoid a certificate of satisfaction being entered. The court is only likely to entertain an application for a default judgment to be set aside if indeed there are grounds to dispute the claim over (a discretionary set aside) or there has been some procedural error in obtaining the judgement (a mandatory set aside).

 

 

Hope that helps.

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