When negotiating the removal of a County Court Judgment (CCJ) with the claimant, it's crucial to approach the process with a win-win mindset. This means striving to reach an agreement that satisfies both parties' interests while maintaining a positive relationship with the claimant.

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A Joint Approach

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Effective negotiation is not about proving who is right or wrong; it's about finding creative solutions that benefit all parties involved. Instead focus on understanding the claimant's needs and explore mutually beneficial arrangements.

I've come to realize that effective negotiation begins with acknowledging and addressing the claimant's motivations and interests. While a claimant’s primary goal is to may be recover the outstanding debt from you, there are often additional factors at play, such as cash flow concerns, reputational considerations, and the desire to avoid further legal costs.

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In this chapter, I’ll cover the fundamentals to understanding the Claimant’s interests and how to get the best out of your negotiations whilst protecting your own interests.

 

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Why a claimant may negotiate the removal of a CCJ

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The Claimant will always have a desire to recover any outstanding debt. If you or your business obtains a county court judgement CCJ, when it comes to negotiating, I would encourage you to take a step back. Don’t take a position but  focus on the Claimant’s perspectives as there may be additional factors at play, such as:

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• Receiving payment. If you propose a reasonable payment or lump sum settlement, the claimant may consent to removing the CCJ to facilitate the payment process

 

• Avoiding further legal costs. Enforcement proceedings of a CCJ can involve additional legal fees and court costs. If you can demonstrate a willingness to pay, the claimant may opt for CCJ removal to avoid further expenses.

 

Approaching negotiations with realistic expectations

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Before entering into negotiations, I would encourage you to make a conscious effort to listen to the claimant’s perspective. By that I mean, you should give them a chance to demonstrate the offer being presented and understand the offer. Be open to the claimant's  proposals, whether it’s a settlement to set aside a judgment order, a repayment plan, or other arrangement. Remember the goal is to find a mutually agreeable solution that minimizes future disputes, avoids additional litigation costs and encourages you both to stick to the terms of the agreement. After all the Claimant has called in for the CCJ.

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By focusing on understanding the claimant’s interests and motivations, keeping your goals with realistic expectations in mind, I would encourage you to approach the negotiation process in a thoughtful and productive way to achieve a successful outcome which could potentially benefit both parties.

 

Now it’s your turn

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I’d like to hear from you. Which tip from today’s negotiating process to remove a CCJ are you going to try first?

Are you going to listen to the Claimant’s interest and motivations?

Or give the Claimant a chance to present an offer before entering into negotiations?

Either way, let me know by leaving a quick comment

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