What happens if a CCJ is set aside?
If the judgment is set aside by the court, this means that the proceedings go back to the claim stage and any enforcement action is also cancelled. You have a new opportunity to fill in the reply to the claim form, make an offer of payment or put in any defence or counterclaim.
How long does it take for a CCJ to be set aside?
If you pay the CCJ in full within 28 days, it will be removed from your credit record.
What does it mean to set aside in legal terms?
To ask a court to set aside (cancel) a court order or judgment, you have to file a “request for order to set aside,” sometimes called a “motion to set aside” or “motion to vacate.” The terms “set aside” or “vacate” a court order basically mean to “cancel” or undo that order to start over on a particular issue.
Can you buy a house with a CCJ?
Yes, it is possible to still secure a mortgage, even if you have a CCJ on your credit file. The financial amount of the CCJ can be a major factor. If it’s considered to be too high or too much, it can affect the loan-to-value (LTV) ratio, therefore lenders are less likely to take the risk.
Can a court set aside its own judgment?
The Court in its inherent jurisdiction has the power to set aside its own Judgment or Order made without jurisdiction or if same has been fraudulently obtained. In such circumstance, an appeal for the purpose of having the null judgment or order cannot be said to be necessary.
Does satisfied CCJ affect credit rating?
When you’ve repaid your CCJ it will be marked as ‘satisfied’ on your credit report; this looks better than an outstanding judgment, but it will still be difficult to get credit at good rates. Minimise the number of applications you make for credit.
Will a CCJ ruin my life?
Having a CCJ against your name may mean that they’re not legally allowed to employ you, even if they want to. As a result, a CCJ could cost you your job and leave you unemployed.
When to apply to set aside a CCJ?
The county court rules set out when you can apply to set aside a CCJ. For example: an order was made against you in your absence, in certain circumstances; you want to put in a defence and did not have the opportunity to do this; or the proceedings did not follow the court rules. When must the court agree?
What happens when a county court judgment is set aside?
This is known as ‘setting aside’ a CCJ. A County Court judgment is a court order for you to repay a debt. In some cases, if you didn’t know about the CCJ, or the creditor who applied for it didn’t follow the right process, you may be able to get it set aside. When a CCJ is set aside, it is removed from your credit history .
What’s the burden of proof to set aside the CCJ?
The burden of proof rests on the defendant to show that there is ‘some other good reason’ to set aside the CCJ. The following examples have been considered by the courts as some other good reason to exercise its discretion to set aside the CCJ:
Can a CCJ be removed from your credit history?
In some cases, if you didn’t know about the CCJ, or the creditor who applied for it didn’t follow the right process, you may be able to get it set aside. When a CCJ is set aside, it is removed from your credit history . Setting aside a court judgment is usually only possible if you have a good reason.