What now?

[R0b]

Your compromise would be what I suggested in my earlier post containing the link and amend the Consent Order that way, I really don't think that CEL are going to change their mind if you ask again but it's your issue so you will need to decide how to approach it

[coxdavid1990]

So wanted to follow up off the back of this...

Points on consent order are now as stands:

1) The default judgment entered on 18 October 2018 be set aside.
2) The Claim is dismissed
3) On receipt of this signed consent order £197.00 in full and final settlement, will become immediately payable to Civil Enforcement Ltd.
4) No order for costs.

The following email was then received with the above Consent Order:


Dear Sir,


Please find attached signed consent order. We agreed for the removal of the CCJ and no order for costs, and for the claim to be dismissed under the condition for £197 to be paid in full and final satisfaction.

Please be advised that you can pay the outstanding by calling our number on 0870 919 55 77, or you can go to our website atwww.ce-service.co.uk .

Please confirm back the payment and kindly attach a copy of the Draft Consent signed by yourself, so we can inform the court that the CCJ has been paid.

Further directions on how to have the CCJ removed from this stage onwards, will be obtained by contacting the court.



Yours faithfully,

Legal Team
For and on behalf of
Civil Enforcement Limited


What now? Have they actually agreed?!

[R0b]

Hi David, sorry I missed this.

Does the document signed by CEL say "Draft Consent Order" or does it say "Consent Order" ?

[coxdavid1990]

Hi David, sorry I missed this.

Does the document signed by CEL say "Draft Consent Order" or does it say "Consent Order" ?

Consent Order.

[R0b]

In which case it would appear that they have agreed to consent to the setting aside of the CCJ, though I am not sure why they are going to inform the court, it is your job and duty to do that. At this present stage I would be reluctant to give them a copy of the signed Consent Order until you have signed it yourself and submitted your application.

Note that the wording of the order says that you will immediately pay the £197 on receipt. Not sure whether that means you receiving it from CEL or the court. Either way, that's probably the best you are going to get from CEL but it doesn't mean that you will automatically get the judgment set aside. As I mentioned before, it should in theory be a rubber stamping exercise but a judge can always order you to court and explain yourselves (rare but does happen)

[coxdavid1990]

In which case it would appear that they have agreed to consent to the setting aside of the CCJ, though I am not sure why they are going to inform the court, it is your job and duty to do that. At this present stage I would be reluctant to give them a copy of the signed Consent Order until you have signed it yourself and submitted your application.

Note that the wording of the order says that you will immediately pay the £197 on receipt. Not sure whether that means you receiving it from CEL or the court. Either way, that's probably the best you are going to get from CEL but it doesn't mean that you will automatically get the judgment set aside. As I mentioned before, it should in theory be a rubber stamping exercise but a judge can always order you to court and explain yourselves (rare but does happen)

Thanks Rob, again fantastic advice.

So to confirm, the £197 has been paid to CEL and they have provided receipt of payment.

What I'm confused on is the next steps? Do I just need to send a copy of the Consent Order to my local court? Is there anything further payable?

The process following this is what I'm unsure of.

We have contacted the Northampton Business Centre to request what is required of us, however it says they can take 10 days to respond.

[R0b]

Complete an N244 application (click here)

You will need to complete the application and make sure to fill in the claim number relating to the original CCJ in the box in the top right corner of the first page. Everything else is pretty self explanatory but a few pointers below to assist.

Q3. You need to state what you want the court to do, so something like "An order that the judgment dated [date] be set aside. The parties have agreed terms of settlement in the form of a Consent Order that is attached to this application."

Q4. Answer is yes you will be attaching the consent order

Q5. Without a hearing

Q7. leave blank

Q8. District Judge

Q9. Claimant

Q9a. Insert Claimant's address

Q10. You don't need to insert really because the consent order will be attached to the application.

Make sure to fill in your address, date and sign in the relevant place too. If you want a look over, upload what you've done and we can comment.

Would also be prudent to put in a cover letter explaining what you are enclosing.

[coxdavid1990]

Perfect, will get on that and show you what I’ve completed.

What about payment? Any ideas how much it will cost to submit? It won’t be the full £250 will it as its not a full set aside application? Or am I wrong?

[R0b]

£100 enclose a cheque.

[coxdavid1990]

£100 enclose a cheque.

Is there an alternative payment method? I don't have a cheque book unfortunately.

[Amethyst]

You can submit then ring and pay by card on the phone

[coxdavid1990]

You can submit then ring and pay by card on the phone

Sorry final question - I promise!

Would I call the Northampton Business Centre to pay? Not my local county court?

The paperwork should then be sent to the local court and NOT the business centre?

[Amethyst]

Papers and payment to court that issued the judgment - as a default judgment then that was likely the Northampton ccbc ? Ring them to check ( have some time and a speakerphone for the glorious on hold music to hand )