Consent Order to set aside - Some questions

[Jamdy]

Hello,

It has come to my attention over the last few months that I have 2 CCJs registered in 2016. One in July and the other in December. Now, the address would have been correct on all my accounts, but I'm positive that I did not see any documentation. During 2016 my fathers health deteriorated and my sister moved in with her two children to care for him full time, so we had 6 people in a 2 bedroom house. As a result I split my time between my family home and my friends house.Under the circumstances any letters would have been easily missed or lost.

The CCJs relate to two shop direct accounts that defaulted in 2014. I was 18 at the time and earned less than £100 per week, but Shop Direct had given me over £9,000 in credit over 6 different accounts. Soon the minimum payments were more than I earned. Being new to credit I panicked and stopped paying, burying my head in the sand. Over the next year I thought I had made arrangements to pay back the debts, but obviously I had missed two accounts which were then awarded default CCJs.

Today I have asked both companies if they would agree to a Consent Order to set the judgement's aside in return for full payment of the accounts. This leaves me with a few questions, which I hope somebody on this forum would be kind enough to answer.

Should the parties agree to the consent order, who is best to send the documentation to the courts? Should I do this myself or leave it them if they give me that option?

They have asked me to send them emails detailing why I think I should have a consent order and why it should be set aside. I have done that, but is it really necessary to give the court any defense up front if both parties are consenting to the set aside?Should an application be sent to the court, then wait and see if they request further details?

Lastly one of the companies has said that, should they agree, I would be required to pay the balance before they issue the consent order. Is this okay, or should I push for them to issue on the basis I would settle within 7 days after it has been done?


Any help would be greatly appreciated.

[Brainmelt]

Hi Jamdy. Include a date when payment will be made by as part of the consent order, and only pay either when the other side has signed and returned it to you or better still once the court has sealed (confirmed the order). *If you pay upfront what reason do the other side have to agree to anything? *their job has been done - i.e. you have already paid so unlikely to engage in any further contact with you apart from 'thank you now go away'.

Claimant usually sends to the court, but you can follow up and send a copy too (belt and braces approach). *No defence needed just terms agreed. *Having the consent order in this circumstances will not remove any blemish from your credit report.
Not sure a consent order be applicable in these circs anyway as the case has already been heard? *why not phone the court and check with them first. *The staff are usually really helpful and can give guidance (not legal advice) as to whether or not a consent order would work, who should send it in and any court fees involved. *Do hope that one of the Site Moderators follow up with some advice for you too