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difference between set aside and removal of CCJ

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  • difference between set aside and removal of CCJ

    Hi,
    My son received yes 2 CCJs that were totally nothing to do with him. he was not notified of the claims. the claims had absolutely nothing to do with him. He appointed a solicitor to request them set aside.Removed. paid 255 for the hearing. paid £2,000 in fees. the solicitor did not write to the other party at anearly stage. then agreed to a consent order. hence no hearing on the matter other than the judge agreeing to the consent order

    Now the solicitor has informed my son he thought they would be removed, that was his interpretation of the consent order he has stated, but they have been set aside. what bothers me is he had the opurtunity to have them removed by proving to the judge they were not his and he did not know of the potential claims. he paid a fee for this. but by doing a consent agreement basically he still has 2 ccj against his name. surely a little injustice. how can this be rectified. I have asked the solicitor request a hearing with a judge to consider the matter but my sons solicitor has again not responded to this request. by the way the solicitor has been paid in advance nearly £2,000.

    Any thoughts please.

    Steveeasy .
    Tags: None

  • #2
    Hi

    Could you post up a suitably redacted pic of (or type verbatim) the consent order?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
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    • #3
      Set aside means ( normally ) the the judgment is removed from the register ( takes a month ) and the case reverts to the beginning as if it's just been issued ... the consent order should be along the lines of judgment set aside, defendant file his defence within 21days etc... so yes a copy of it and the schedule would be useful to see exactly what's been agreed.

      Then once we know the position you can look at defending the claims - so would need to know a bit more about the alleged debts.
      #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

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