How to level up and pivot your position to court when negotiations have broken down

Have your negotiations with a Claimant to remove a county court judgment from your credit file taken a nosedive and you’re not sure what your next steps should be?

If so, there a tactical way that you can remove yourself from this dilemma for a fairer outcome. It’s known as going back to court and presenting an application for a judge to determine whether you should be granted leave to set aside the judgement CCJ.

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Let’s assess a common situation that I often see from clients when they are faced with a county court judgment that is disputed, and they are in this position,  Applying to the court to set aside a CCJ can be a complex process, however, it’s important to make a constructive assessment of the validity of your case and if it’s clear that you have a strong defence that has real prospects of succeeding why not proceed back to the court and make the application?

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If you are a professional,  a business owner or business practice experiencing frustrations with negotiations with a Claimant to resolve the matter of agreeing to consent to the removal of a judgment debt that has been marked on your personal or business credit report, let’s look at the actionable steps that you should consider taking post negotiations as an alternative process to removal of the CCJ.

Negotiations with the Claimant have broken down

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You know the implications of CCJ remaining on your credit record especially where your financial reputation remains at risk.

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For instance, if you are a professional looking to secure a new tenancy, it will be important to address any mitigating factors with a potential landlord or letting agent and importantly keep them informed of the efforts you are making to address the issue of the CCJ that has been revealed during the landlord’s background check. If the landlord is not amenable based on the evidence presented, you will be unlikely to secure the accommodation.

Consider taking steps to challenge the Claimant by making an application through the court process and be clear on the following

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Is the CCJ a default judgement or a summary judgment?

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In the case of a default judgement there will be no time limit on which to make an application to set aside a judgment, although it will depend on when you became aware of the existence of the CCJ.

In the matter of a summary judgment, your case will have been heard and at some point, the judge will have decided that the case has little chance of success. Be aware that there will be a strict court time limit within the order in which to make an application to set aside or vary the order.  

In either case, whether a default or summary judgment you will be allowed to file an application to set aside the order. You can find more detail on our guide to default judgments and regular judgment here

Understand the court’s expectations

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Today with advancement in digital technology, the court is much more informed than ever. Taking time to file your application to set aside a CCJ will not cut it. If you have a valid Defence within 7-14days of receiving the CCJ and the debt is disputed, read the information and stay abreast of any direction that the court will expect you to undertake when you file your application. Timing is important. The judge looking at your case will certainly pick up on the difference in dates for when you were made aware of the CCJ and date of filing any application. It will be factor for the outcome of any application. Further, should you miss any court direction or fail to turn up for a hearing, the court will strike your application out.

Filing your application to set aside a CCJ

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By enlarge it is usual in our experience that the courts are encouraging parties to find a way to forge an agreement as form of settlement. So, attempt to enter negotiations with the Claimant. That way court time can be saved, and legal costs are reduced.

The key take away here is that should you find that negotiations are stalled and that you are looking for a fair outcome to your case, you can have a second shot at applying to the court to set aside a CCJ provided you have a valid Defence to support the application. If you are successful, you will have the opportunity to defend your case at a hearing.

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You can read more about setting aside a county court judgment in our guide here.

Now if you get stuck on how to do this and you would like guidance, please request for a complimentary strategy call with us to see how we can help

Alternatively, if you would like to share your thoughts, experience or even share this post with someone who may find this helpful. I’d love to hear back from you.

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