Setting aside settled CCJ

[renegadeimp]

If you have acknowledged teh CCJ, paid it, got a satisfaction certificate from the courts etc etc, then there is pretty much no chance of you getting it set aside, as you have admitted the debt and indeed paid the court order off.

 

The only other way of removing it would be if you paid it off within 30 days of judgement. It would then not be recorded.

[renegadeimp]

Yes, I have seen this before, however, I was looking at these guidleines below:-

 

• Fraud and Identity theft. Somebody used your name or address to obtain credit, which resulted in a County Court judgement without you knowing. You paid it, you admitted it. This is a no go.
  
• Not given 28 days notice to pay. When the CCJ is granted, the letter gets sent out giving you 28 days to pay. Not to mention all previous paperwork that was sent.
  
• Incorrect address when the summons and judgement took place. This can only be challenged if you gave the creditor proof of a new address, otherwise they would be allowed to continue as to their knowledge, you still reside at the address you have on file
  
• Summons not received, not sent by recorded mail. There is no requirement to send it by recorded delivery. The summons is sent directly from northampton to the address the claimant gave.
  
• Unable to attend court and defend yourself. This is also a no go. You can defend through a letter, or have the hearing transferred to your nearest court. You cna also ask for it to be suspended until a date where you can be at a court
  
• The judgement should not appear on the credit files if it debt was settled within 28 days. Correct
  
• In case of agreement to settle 'out of court' with the plaintiff, you should not have received a Judgement. Correct, but you still need to go through the claim process and tell the court that. Too many claimants tell you they will agree, but continue the CCJ claim.
  
• If you did not receive any notification of the judgement/s made against you, then you can appeal. You can appeal, but you would need good reason to, and even then it would be up to a judge to allow the appeal.
  
• Acceptance of full amount of the judgement at the time, but now only agree partially. Partial or full admittance, it doesnt matter. You are still admitting the debt. If you admit it and it goes to a judge, the CCJ will automatically be granted.
  
• Summons taken out against both yourself and another person jointly one only one party received summons
  
• Inavailability /out of the country, etc between the issue of the summons and entry of the judgement. Would not matter. Unless you are on military business or government business, it is not the courts problem that you would be out of the country. You can ask for the hearing to be postponed until a later date however.
  
• Summons received late, so not given 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been made. This is VERY rare. The claim forms/summons are usually sent immediately and arrive at the address within 2-3 days.
  

Specifically, the fact we negotiated a settlement, which we started to pay. In the meantime, they had issued a claim in the background.

 

Am I barking up the wrong tree ? The creditor and I are very amicable, but, there hands may be tied to to legal teams intervention.

 

Even with there blessing, and signed letter, would it be possible to set aside?

 

 

My answers in red.

 

Specifically, the fact we negotiated a settlement, which we started to pay. In the meantime, they had issued a claim in the background.

 

See point 7

[renegadeimp]

If you have recieved the claim forms, but the claimant has told you they are willing to settle out of court, then you need to inform the court and ensure you get written confirmation from the courts. As you found out, claimants like to go behind your back and still register a CCJ, purely out of spite and because they know they have just screwed up your credit file for 6 years.

[renegadeimp]

DId you recieve the initial claim form though?

[renegadeimp]

One other question. Was this debt paid for in the arranged installments, BEFORE the 28 days were up after judgement? If so, then you could have a get out that way.

[renegadeimp]

So it sounds like the creditor was making a mockery of the legal system.

 

Can i ask, did you get this agreement in writing from them where, if you paid as they wanted, they would cease court action? if it was verbally, then im afraid, they have done exactly what i stated previously.

[renegadeimp]

Was that the actual repayment plan?

 

he first installment was paid before that date, and the claim form stamped by the court months before that even

 

The claim was well underway, while we were negotiating figures and terms.

 

So they did sneak a CCJ in through the back door.