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**WON** Set-Aside & Claim Dismissed **** CCJ Help

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  • Re: CCJ Help

    If the claimant consents to the set aside application do you still have a hearing?

    Comment


    • Re: CCJ Help

      Not normally no. Also, it sounds like they are not proceeding with the claim after it has been set aside.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • Re: CCJ Help

        Originally posted by Amethyst View Post
        , it sounds like they are not proceeding with the claim after it has been set aside.

        Has the Judgment Creditor consented to a set aside?

        And have they said that they’ll discontinue once set aside?

        I admit I’ve not read back through the thread to see where/why it says they are not intending to proceed with the claim after it has been set aside.

        If they’ve not consented to the OP’s Application for a set aside then there will be a hearing.

        Di
        Last edited by Diana M; 25th October 2017, 21:35:PM. Reason: clarifying the legal position

        Comment


        • Re: CCJ Help

          Originally posted by mr_c View Post
          If the claimant consents to the set aside application do you still have a hearing?

          Have they consented ?

          Di

          Comment


          • Re: CCJ Help

            Originally posted by mr_c View Post
            I have not heard anything from arrow yet in relation to consenting to the set aside
            Has the position changed since your above post #179 on 9th October?

            Di

            Comment


            • Re: CCJ Help

              [MENTION=87380]Diana M[/MENTION]

              They agreed to the set aside on Monday.
              I got a letter with a consent form saying they consent to the set aside and that the claim be dismissed.

              Comment


              • Re: CCJ Help

                Originally posted by mr_c View Post
                @Diana M

                They agreed to the set aside on Monday.
                I got a letter with a consent form saying they consent to the set aside and that the claim be dismissed.
                You didn’t post that on your thread before asking your question.

                If they’ve consented to the set-aside and respectfully asked the court to dismiss the claim (because only a judge can dismiss a claim) then that should be the end of the matter.

                Di

                Comment


                • Re: CCJ Help

                  Originally posted by mr_c View Post
                  I got a letter with a consent form saying they consent to the set aside and that the claim be dismissed.
                  When you say you got a letter with a "consent form" do you mean they sent you a Consent Order to sign?

                  Di

                  Comment


                  • Re: CCJ Help

                    Indeed

                    Comment


                    • Re: CCJ Help

                      What exactly are you 'consenting' to?

                      Comment


                      • Re: CCJ Help

                        They are consenting to setting the ccj aside and dismissing the claim.

                        Comment


                        • Re: CCJ Help

                          CONGRATULATIONS
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • Re: **WON** Set-Aside & Claim Dismissed **** CCJ Help

                            So I had my hearing today and the judge has set aside the CCJ and dismissed the claim in full.

                            Thank you so much to everyone that has helped me, this site has been such a great help to me, I honestly don't know how I would have got through this without your help.

                            Especially [MENTION=6]Amethyst[/MENTION] - you have been a god send both in the forums and in private messaging - thank you so much!

                            Comment


                            • Re: CCJ Help

                              This is the consent order for reference.
                              Attached Files
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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