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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48201
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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If I settle a CCJ and get a satisfaction certificate can I

Resolved Question:

If I settle a CCJ and get a satisfaction certificate can I then apply to have it "set aside" . This relates to a dispute over paying a termination notice period on school fees (charging me after son had left) rather than credit, papers served at an old address with no redirect after a certain period, didnt know about it till it came to getting referenced for a different house. Thought it had just "gone away" as had had no contact for a long while even though I had sent them new address. To be honest I would have happily gone to court if I had known. This is now causing me an issue being able to move (rent, not mortgage and the worst thing is they did it on both me and my husband) I can pay it even though I am peeved to do so and get a satisfaction certificate but I think this will still cause me issues and want to see if I can get it set aside, but i am reluctant to pay if this then jeopardises me being able to set aside, however I need to sort within a few weeks and not sure if this would be as quick as that, is it easier just to get a satisfaction certificate now and try a set aside hopefully after we get somewhere else to move to.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Customer:

Hi Ben

Customer:

If I stop typing at all its because someone is around!

Ben Jones :

Hi, when was the CCJ issued?

Customer:

September 2013

Ben Jones :

ok if you paid the CCJ more than a month after it was issued then it will remain on your record for 6 years and there is no way of removing it. You can however get the debt paid off, obtain a receipt and end it to the court asking for a certificate of satisfaction, and request that they update their register to show that it has been satisfied. Whilst the record of the CCJ will not be removed, it ill be marked as 'satisfied', which means that any lenders will see that and will know it is no longer an outstanding debt

Customer:

If I pay it off though and get a satisfaction certificate can I still apply after this to have it set aside because having checked online it would appear that I have grounds for having it removed altogether (set aside) as they have to start the process from scratch and I would have paid anyway. . What I am wary of doing is by paying, invalidating being able to get it set aside as ideally I want it removed from the records. Having a satisfied CCJ if you are renting is as bad as having a non satisfied one it would seem with the letting agents I have queried this with ..

Ben Jones :

why would they have to start the process again though?

Customer:

In this case-- I guess they wouldnt as I would have paid but I still need to file that particular form to ask to set aside it would seem and didnt want the fact I have paid invalidate my request to set aside--as would be paying "under sufferance"

Ben Jones :

Was this a default judgment?

Customer:

Do you mean by this that we didnt attend or respond? yes it was-- as we never ever had the summons or the judgement (all sent to an old address we left over 15 months ago) and hence didnt have redirect in place.Its shows as judgement (in default)

Customer:

hello? wasnt sure if it had disconnected?

Ben Jones :

Sorry, had to sort out a quick meeting. Ok, so the court will only accept certain reasons for setting aside the judgment. If you are saying that you did not get the court papers, which you can use this as a reason to make an application to set aside, you must be able to prove that the claimant did not have your current address and that they had been unable to find it by making reasonable attempts. So you may try and set it aside - but remember that this does not mean the case is over, it will mean that the court will look at the reasons as to why you are setting it aside and then decide if they are valid, it could be that you pay the debt but they do not agree with the reasons to set aside and the CCJ remains on file, even though it will be marked as satisfied.

Customer:

Ok many thanks. Ben that clarifies it for me.

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