CCJ set aside with consent letter - HELP ASAP

[R0b]

Defective service means means service was never given and so it would fall under 13.2 not 13.3 as some other good reason.

I think you are probably best at just accepting their original wording and seeing what happens, your starting to overthink it and they've already made it clear they won't be changing it.

[Michilli26]

Defective service means means service was never given and so it would fall under 13.2 not 13.3 as some other good reason.

I think you are probably best at just accepting their original wording and seeing what happens, your starting to overthink it and they've already made it clear they won't be changing it.

You're right I am over-thinking it but just worried about their point AND UPON it coming to light the Defendant’s had moved address prior to proceedings being issued but the claim still being deemed as served under CPR 6.9.

As wouldn't the judge view that as, they are agreeing on the removal but actually they were well within their rights to issue me the claim. So the judge would dismiss it as it could be seen as just wanting to clear my file. That's why I am thinking I need a different point which would work more in my favour ?

Then I thought if I gave me new copy and with it signed in hope they then wont go back and forth anymore to just get it over with and sign and return it to me?

[R0b]

If the claim form is deemed served then you have no right to set aside the default judgment and everything else is covered under some other good reason. If they're sticking to that, you only have the choices I gave before.

I'm not trying to be rude but I can only give you the same answer so many times before we go one big circle and I think we are just about there now. You just need to decide what you want to do.

[Michilli26]

Okay thank you, you have been very helpful.
However, it is bugging me as under civil procedural rules, they need to prove they took reasonable steps to ensure the correct address was used if a defendant does not respond for a sustained period of time before issuing court claims. They had no response from myself for 2 years and if they had infact contacted DVLA again then they would have had the correct address. The DVLA had my correct address a month after the PCN date therefore had plenty of time between the PCN, and any court proceedings to try obtain the correct address when they were not getting a reply.

I am filling out the N244 as if I am doing it with their consent, is this correct:

Q3) Seeking to set aside the default judgement and the parties have agreed to a Consent Order in the form attached to the application
Q4) No
Q5) Without a hearing
Q6) leave blank
Q7) leave blank
Q8) District judge
Q9) ?
Q9a) ?
Q10) evidence set out in the box below.
Other than then attaching the consent order what else do I write in the box?
Statement of truth - sign

Q11) Do I sign this although says applicant('s legal representatives)?

[R0b]

Q3. An order that the default judgment dated <insert date> be set aside. The parties have consented to the set aside in the form attached to this application.

Q4. Yes

Q9. Claimant

Q10. You can say that attached is the Consent Order as agreed between the parties. Nothing else needs to go in there.

Q11. Yes you do need to sign but you strike out what isn't appropriate within the parentheses. You also need to sign the statement of truth too that says (I believe) and strike out the rest.

See the example below.

[Michilli26]

R0b Rob thank you so much for all your help previously. I sent off the consent order application as above.
Today I have received a general form of Judgement and Orders. I believe they are asking for more information just like you said this could happen.

I am not clear how to proceed now. In what format does this happens, is there a template form / is it myself or Gladstones to do this etc
Thank you

[Michilli26]

Reading the letter again now, I don't think it is asking for that and I read it wrong.
The CCJ has been approved to remove? Point 2 is saying if both parties what to appeal that decision they need the information?

R0b

[R0b]

As I read it, there is nothing further to do because the court has accepted the set aside.

Paragraph 1 confirms that the court has accepted your application to set aside the default judgment. It refers to an order attached - did you receive that order and what does it say?

Paragraph 2 is just to confirm the parties have the right to have the order made by the legal advisor reviewed by a judge if they are not happy. In recent years the courts have made changes as what court staff can/cannot approve certain things. This is because the courts are so busy, some of the duties normally carried out by a judge are now passed over to legal advisors - these are usually qualified lawyers or barristers but not always.

It would be helpful to see that attached order so we know what the court has done.

[Michilli26]

As I read it, there is nothing further to do because the court has accepted the set aside.

Paragraph 1 confirms that the court has accepted your application to set aside the default judgment. It refers to an order attached - did you receive that order and what does it say?

Paragraph 2 is just to confirm the parties have the right to have the order made by the legal advisor reviewed by a judge if they are not happy. In recent years the courts have made changes as what court staff can/cannot approve certain things. This is because the courts are so busy, some of the duties normally carried out by a judge are now passed over to legal advisors - these are usually qualified lawyers or barristers but not always.

It would be helpful to see that attached order so we know what the court has done.

Yeah that is how I read it after also.
The attached letters were my original N244 application and the signed consent order.
So I now need to pay the car company's solicitors. Would they have received this order and then send me a letter to request the money or do I need to contact the solicitors / parking company myself?

[R0b]

There is a proactive obligation on you to make payment, nothing suggests in the order that they will invoice you so I would make contact and payment. It would be sensible to ask for bank account details to transfer payment because you can then put as the reference in your transfer the claim number just so you have evidence.

You should also make contact to the Registry Trust and send them a copy of the Consent Order and ask them to process the removal of the CCJ. The court should normally inform them but sometimes you can go direct and they will do it, or they may say that they can't without the court's consent. Either way it should be removed in due course.