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CCJ setting aside question!

Re: CCJ setting aside question!

Postby atticus » Sun Dec 08, 2013 2:20 pm

Those are questions you should ask the particular bodies.
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Re: CCJ setting aside question!

Postby landlordnightmare » Sun Dec 08, 2013 7:01 pm

They can be very slow and inefficient.

You will almost certainly need to chase them yourself to be sure (there are really probably only three big ones that most people use that you should focus on)

You should also check that the CCJ records of the Courts are properly updated too.

Most of the credit reference agencies allow you a 'free online trial' to check your own records (but then automatically start charging you a monthly fee if you don't cancel) - I am not sure this is fully legitimate as I believe they are actually obliged to let you see your own records for free - they just don't make that as easy as paying for a monthly subscription to do so. Do some research on this bit, and only take up the free trials once they tell you they have amended your records in order to check. (And don't forget to cancel before the free trial is up!)

It can be time consuming and a pain - but worth the effort.

Good luck

oh edit - p.s. You should automatically get a copy of the Judgement if you were a party to the case. It should not cost any money.
Note: I am not legally qualified, just been around a few blocks. The sorry cynic.
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Re: CCJ setting aside question!

Postby stuck123 » Sun Dec 29, 2013 3:49 pm

thanks

yeah its been removed from my cred ref reports :D
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Re: CCJ setting aside question!

Postby landlordnightmare » Sun Dec 29, 2013 7:39 pm

Good to hear. A great way to go into 2014 I hope.

Have a good New Year!
Note: I am not legally qualified, just been around a few blocks. The sorry cynic.
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Re: CCJ setting aside question!

Postby Genie » Wed Mar 12, 2014 8:04 pm

New to the forums but reading this with interest.

I post in case anyone else stumbles upon this in the future with a similar problem. I don't think an appeal was ever appropriate. I have in the past, applied by consent to set the judgment aside. So an application to the court, with a consent order signed by both parties agreeing for the judgment to be set set aside.

Such an application is not guaranteed to succeed. A picky and unsympathetic judge may say that the judgment was entered correctly and the certificate of satisfaction is the appropriate remedy. Removing the an entirely legitimate CCJ by setting it aside could potentially prejudice lenders relying on the credit history.

However, some judges might just approve the order. Worth a try though for the cost of the court application fee.
Nothing in my posts should be relied upon as legal advice, only general comment. For tips on small claims visit http://www.smallclaimscourtgenie.co.uk.
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