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How to Set Aside a CCJ
Setting aside a county court judgement CCJ can be a complex process, but it’s important to take the right steps to address the situation. If you find yourself in this position, the first thing is to consider your options and your reasons for setting aside the CCJ. I will show the initial key steps for you to consider.​
Steps to set aside a CCJ
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Be clear on whether the CCJ is a default judgement or a regular judgement
Contact the court as soon as you are aware of the judgement. Have to hand the claimant’s name, claim number and date of the order granting judgement.
As you are working to a tight schedule, write or email the claimant to seek their agreement to set aside the order. It will show a proactive approach to settling the matter. In some situations, it may be beneficial to work with the creditor instead of pursuing the action to set aside the judgment. You may be able to work on establishing a manageable payment plan with a clear understanding of your realistic financial capabilities. Any agreement should be documented in writing.
If the Claimant agrees to the judgement being set aside , both parties can execute a court order called a Consent order. While the court ultimately decides whether to set aside the judgement, a consent order significantly increases the likelihood of this outcome. The consent order can be submitted to the court either before or after the application to set aside the judgement has been made.
I have a Defence and the Claimant refuses to consent to an order to set aside a CCJ
If the claimant does not respond within the specified timeframe or refuses to consent, the next step is to submit your application to the court. This involves completing the form N244 and providing a clear and detailed explanation for setting aside the judgement. You need to show that you have a real prospect of successfully defending the action and for the CCJ should be set aside
Why is it important to act swiftly to set aside a CCJ?
I have often stressed on the importance of acting promptly when it comes to making an application to set aside a CCJ. The court will look at your explanation as well as the evidence you have submitted in support of your defence. So, it will always be in your best interest to keep in contact with the court and staying on top of the process will help to address the CCJ effectively. Delaying the application could harm your success for the removal of the CCJ, impact your credit score and escalate enforcement proceedings by the creditor.
I'd love to hear your thoughts on whether you found these strategies helpful. What steps do you intend to take?
Winnie Onyekwere LLB LLM
If you require help, we would be happy to provide you with support for your case to remove a CCJ, make an application to set aside a default judgement CCJ or help with repairing a credit file Just connect. We will:
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​discuss your situation
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​explore a personalised solution tailored to your needs
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clarity on available options to making an informed decision
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you will walk away with a clear road map to navigate your situation with ease
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Or if you know someone who might be interested share this with them.
Related Topics
Features
What happens if a claimant refuses to agree to set aside a default judgment CCJ?
How to fight back a default judgment CCJ with a Form 244
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