CCJ consent or set aside. Help please.

[JennaHelp]

I would like to start with an apology as I am dyslexic and HFA so a lot of these things are hard for me to understand but I do try.


I left my property in Nov 2017, I left a forwarding address with the landlords and new tenants but have had no forwarded mail (I updated the majority of my accounts with my new address).

I signed up to Experian yesterday to my horror to find I had a CCJ dated 29th August 2018 for £476.

I contacted the courts yesterday to find out who this was to and they sent me an email with a document to complete to 'set aside' the ccj if the judge agreed.
However, I have been reading online and advised to look at getting a consent agreement with the people who issues the ccj.

I called them today - a law firm on behalf of the company who bought the debt - explained the situation. They seemed very nice but told me they have never heard of consent to remove a ccj and it doesn't exist???


I explained I am happy to pay the money because at the end of the day I owe it. They said if I pay it now then put in the application to have it set aside they won't 'contest it' - he then said this doesn't guarantee the judge will set it aside but it may help.

I am so confused.
I have two suggested payments to make to the courts one of £100 and one or £255 - the company doesn't even know what the consent thing means and neither do I.

I am terrified they will take the money owed and the ccj will remain until 2024. Please help.

[echat11]

Hi Jenna

The law firm has said they won't 'contest' (it would be £255 if the law firm contested it) your set aside, so the court fee will be £100. Then the CCJ application can be put before the Judge, your reason for set aside is that you didn't receive the documents because they weren't forwarded on to you when you moved. It might be idea to provide details / evidence of your moving dates.

[JennaHelp]

Hi Jenna

The law firm has said they won't 'contest' (it would be £255 if the law firm contested it) your set aside, so the court fee will be £100. Then the CCJ application can be put before the Judge, your reason for set aside is that you didn't receive the documents because they weren't forwarded on to you when you moved. It might be idea to provide details / evidence of your moving dates.

Hello and thank you for the reply.

They said they only will not contest it if I pay it now upfront - but will that affect the judge's decision to set it aside?

The court lady who sent me the form to fill out said I have to pay 255 and nothing less, do I need it in writing or an agreement that they will not contest it from the company?

How do I write such an agreement for them to sign to provide the judge with?

I thought about providing evidence of my change of address however I moved in with a partner and have no such proof (other than an employment contract with my new address on?)

I know this is a how long is a piece of string question - but what is the likelihood the judge will set this aside if they do not contest it?

Thank you

[echat11]

a) They said they only will not contest it if I pay it now upfront - but will that affect the judge's decision to set it aside?

Paying up front is fine, that shouldn't effect the Judge's decision, the important thing is that it's paid.

b) The court lady who sent me the form to fill out said I have to pay 255 and nothing less, do I need it in writing or an agreement that they will not contest it from the company?

The £255 fee is if the Creditor won't agree to the set aside (won't consent to the set aside) Page 8 of the link below. Get it in writing that they won't 'contest' it before you pay.

https://assets.publishing.service.go...5/ex50-eng.pdf

c) How do I write such an agreement for them to sign to provide the judge with?

Do don't need to write such an agreement, you just need to write it on the N244, the Judge will read the N244.

d) I thought about providing evidence of my change of address however I moved in with a partner and have no such proof (other than an employment contract with my new address on?)

Employment contract would be fine.

e) I know this is a how long is a piece of string question - but what is the likelihood the judge will set this aside if they do not contest it?

There's a good chance, think positive, but you can never tell.

[JennaHelp]

Thank you again.

So my first point of action today is to request in writing from them that they will not contest the set aside application if the balance is paid and showing zero?

If they agree to this should I pay as soon as I get the written confirmation?
(Would written over and email be acceptable?)

Then I complete the N244?
I am a bit nervous I don't want to do anything wrong.

I have a copy of my employment contract I can send so thats good.

[echat11]

a) So my first point of action today is to request in writing from them that they will not contest the set aside application if the balance is paid and showing zero?

Correct

b) If they agree to this should I pay as soon as I get the written confirmation?
(Would written over and email be acceptable?)

Correct, written confirmation will cut out any misunderstandings

c) Then I complete the N244?

Correct

I am a bit nervous I don't want to do anything wrong.

No need to be.

I have a copy of my employment contract I can send so thats good

Good you can show the dates that the court documents were sent to your old address, you were actually living somewhere else, the tenants at your old address failed to forward the court documents to you at your new address.

[JennaHelp]

[QUOTE=echat11;n1591410]a) So my first point of action today is to request in writing from them that they will not contest the set aside application if the balance is paid and showing zero?

Correct

b) If they agree to this should I pay as soon as I get the written confirmation?
(Would written over and email be acceptable?)

Correct, written confirmation will cut out any misunderstandings


Forgive me, I have been reading other CCJ related threads here in the forum and other's advise against paying the owed money prior to the set aside application as the judge will then not grant the set aside?

I have also read the LegalBeagles info.> Libary> Court> Guides and Letters> Set Aside
This also advises a consent order, yet the litigation officers representing the claimant have no clue what this even is?

[echat11]

[QUOTE=JennaHelp;n1591417]

a) So my first point of action today is to request in writing from them that they will not contest the set aside application if the balance is paid and showing zero?

Correct

b) If they agree to this should I pay as soon as I get the written confirmation?
(Would written over and email be acceptable?)

Correct, written confirmation will cut out any misunderstandings

Forgive me, I have been reading other CCJ related threads here in the forum and other's advise against paying the owed money prior to the set aside application as the judge will then not grant the set aside?

I have also read the LegalBeagles info.> Libary> Court> Guides and Letters> Set Aside
This also advises a consent order, yet the litigation officers representing the claimant have no clue what this even is?

You can write to law firm or call the law firm, ask them to put it in writing 'that they will consent' to the set aside of the CCJ as you intend to settle the debt.
See what they say.