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bretteastbrooke

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  1. 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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