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jon8214

Set aside CCJ by consent

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Guys

I got a ccj in 2015 before I found this site,

I paid the ccj 18mths after I received it and is now marked as satisfied.

 

I have spoke to TM legal who got the CCJ and they have agreed to set it aside by consent.

 

Could anyone give me an idea of how to set out the N244?

Thanks

 

Do I also need to send the N244 to TM legal to get their signature on it before submitting it to the court?

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I don't think you need to send then the N244. What you really need from them is a letter in which they agreed to the set aside. In the N244 you should simply refer to the fact that the other side have agreed that the judgement should be set aside and that you are attaching a letter from them which confirms this.


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Thanks

Do I just need to say -

1) The defendant requests the order dated ——- is set aside by consent.

 

2) Attached is a letter from the claimant stating his consent to the set aside.

 

How much is a set aside by consent? And is it sent to the court that granted the CCJ?

Thanks

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Numbers one and two – yes, yes

 

How much is a set aside? I really don't know but you would be asking to do it without a hearing – just on the papers.


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£255 a hearing with £100 without I think

 

why wont TM do it by mutual consent?

thats FOC!!

and you don't need the form at all they do it.


..

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cheers DX they are doing it by mutual consent

 

I thought I still had to apply for it though

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Consent Order? should avoid form fees


IMO

:-):rant:

 

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ford, do I have to get TM to do the consent order? Or can I draft it and attach a letter of their agreement to it?

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if the claimants sols do it it should all be FOC to you..

no fees at all

they do the lot

I assume you just want the CCJ removed from your file for a mortgage?


..

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yeah it is for a mortgage, ill speak to TM again on Monday

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ford, do I have to get TM to do the consent order? Or can I draft it and attach a letter of their agreement to it?

as dx, can see if they'll do it for you, check it, sign it if ok, then can be sent to the court by either (attached letter shldn't be required as shld be all covered in the consent order).


IMO

:-):rant:

 

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If you pay a CCJ more than a month after the judgment date, it stays on the register for six years. There is no way to remove it.

 

Similar to a default.....just because you have paid the arrears and up to date .....the default remains for 6 years.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?485108-Set-aside-CCJ-by-consent

 

And TM legal should know better.....Its against the ICO guidelines.

 

 

Andy


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good point, missed that :)


IMO

:-):rant:

 

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but could still N244 set aside by them if the judgement was faulty?


..

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just thinking that, eg if a default judgment


IMO

:-):rant:

 

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well poss that was what TM were talking about?

as I bet the CCJ was a PDL debt?


..

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it was a pdl debt, non contested, I accepted the judgment without defence

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but could still N244 set aside by them if the judgement was faulty?

 

just thinking that, eg if a default judgment

 

it was a pdl debt, non contested, I accepted the judgment without defence

 

You have paid it...cant see any court entertaining a set a side.....


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You have paid it...cant see any court entertaining a set a side.....

agree here. seems here it was admitted

generally though cant a judgment still be set aside even if paid, particularly if with consent.

depending on individual circs,


IMO

:-):rant:

 

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The judgment claimant has got a default judgment......has been paid and settled....why would they agree to set a side by consent...?

 

Do you think they would refund payment also?


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The judgment claimant has got a default judgment......has been paid and settled....why would they agree to set a side by consent...?

 

Do you think they would refund payment also?

quite. why/what exactly are they apparently agreeing to

maybe i've missed something else.

but, just asking generally, can a ccj still be set aside even if paid. depending on the individual circs.

:)


IMO

:-):rant:

 

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they have confirmed that they would be willing to agree a set aside for the ccj although it has been paid in full

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they have confirmed that they would be willing to agree a set aside for the ccj although it has been paid in full

set aside and do what

start again?


IMO

:-):rant:

 

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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

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CCJ will not be removed if paid after initial 28 days, but should be marked/recorded settled,

 

amicable of course they have your monies, they cannot remove a CCJ it has been given by a court, not some desk jockey at a DCA etc

 

County court judgment records: How long CCJs stay on record

https://www.trustonline.org.uk › ... › CCJs and county courts

 

Note you can get a "certificate of satisfaction,"


:mad2::-x:jaw::sad:

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