CCJ Consent Order - claimant has agreeded - requesting I write a consent order CCJ

[JennaHelp]

Hello,

Thank you for all the help and support so far. The members of this forum are so helpful.

I have been searching in the forum for templates or examples as the claimant has asked me to write and send over my consent order asap to have the CCJ set aside.


I have no idea what this document should look like or say.
Should it name the claimant and defendant before speaking of the terms?
How should it be worded, please?

They have agreed to set aside the CCJ by consent with the agreement that I pay the £476 total within 14 days of the CCJ being set aside.
I have said there will be no order for costs also.


How do I go about writing this, please?

I am also making notes of all interactions with the claimant to add to my court application and my defence. (wasn't aware of the 2018 CCJ until a few days ago after joining Experian I moved house 10 months prior to the date on the CCJ and left a forwarding address but did not receive any documents.) (I also have evidence of house move to send with my application also)

Thank you

[echat11]

You should have continued on the previous thread.

Scroll down to 'Example of Draft Order', that clearly needs amending to fit your specifics.

https://legalbeagles.info/library/ho...#letterconsent

[JennaHelp]

My apologies.
I assumed as this was not about writing the consent order and not how to go about asking for one or advice on dealing with the claimant I need to make a new thread.
My mistake I apologise.

I have scrolled down on that link than you. Where should I include agreeing to pay within 14 days of the order being set aside please.

Thank you

[echat11]

'They have agreed to set aside the CCJ by consent with the agreement that I pay the £476 total within 14 days of the CCJ being set aside. I have said there will be no order for costs also.'

1. The judgment dated XXXXXXX be set aside.

2. The Claimant has consented to the set aside application, thus the fee payable by the Defendant is £100.

3. The Defendant will pay the sum of £476 within 14 days of the CCJ being set aside.

4. The Claimant has agreed that there will be no order for costs against the Defendant.

This needs to be checked by a expert member pt2537

[JennaHelp]

Thank you.

In regards to the document which court do I name at the top, please?
The original CCJ was with NORTHAMPTON, however now we live in the northeast near Sunderland. Would this change the court I name on the document?

[MIKE770]

Local

[JennaHelp]

How is this please



AND upon the parties having agreed to the terms set out in a confidential schedule dated 22^nd September copies of which are held by the parties or their respective solicitors.
BY CONSENT IT IS HEREBY ORDERED:


1. The default judgment *removed ref number* dated 28^th August 2018 be set aside.


2. The Claimant has consented to the set aside application, thus the fee payable by the Defendant is £100.

3. All further proceedings in this action be stayed upon the terms set out in the Schedule, except for the purpose of enforcing those terms.

4. Each party shall have permission to apply to the Court to enforce those terms without the need to bring a new claim.

5. There be no order as to costs.

[echat11]

That's o.k. providing you have a 'confidential schedule dated 22^nd September' that the claimant agrees to.

[JennaHelp]

They responded to me today to tell me under no circumstances will they sign a consent order or schedule of agreement until I pay the money owed up front.

I've read here and other sources that paying the CCJ can effect the outcome as some judges will not set aside a settled ccj even with consent.

I have responded to the claimant that I will not be paying anything until the ccj is set aside whether by consent or by judges decision through a hearing.
I've also told them should the application have to bl via a hearing and not consent I will be putting in an order for costs and have listed to them my evidence for the set aside.

I'm frustrated but also confused.
A week ago these same people had never heard of a consent order to a set aside and now they are telling me never before has a claimant agreed to pay the ccj AFTER the set aside.
Citizens advice told me the normal thing would be to pay the ccj within 28 days of the judge setting aside the ccj however I have said 14 days and it is more than reasonable.

Please help.

[echat11]

Stay calm, other members will advise.

What you could do is go back to them, as there is in effect a 'stalemate'. State that you want to get this matter resolved, the whole point of the 'Consent Order' and set aside is that both parties carry out their agreement. If a party fails to carry out their part of the agreement then the other party can take legal action.

Tell them to prove a Final Response if they are satisfied they can not agree to your terms. Tell them you need the Final Response to make a complaint to the Financial Ombudsman.

[JennaHelp]

Thank you.

My partner said 'it seems silly really because if they won't have it set aside or there is a chance it wouldn't be set aside by the judge why would you even pay it? Could you not just ignore it until it is removed from your credit file in 2024' - which I suppose I could but I dont want to.

I have replied to them reiterating that it is not common practice for the ccj to be paid prior to a consent order. I've reiterated that it won't be paid until the ccj is set aside and if it isn't by consent I will make an order for costs too as I am trying to resolve this without extra cost/cost to people's time.
I've asked that they reconsider given the consent order and agreed schedule gives them the outcome they want (the money) and most likely quicker than going back to court to argue against it etc.

If they still refuse and I ask for a 'final response' and report this to the financial ombudsman what would they likely do with this?

[echat11]

Thank you.

My partner said 'it seems silly really because if they won't have it set aside or there is a chance it wouldn't be set aside by the judge why would you even pay it? Could you not just ignore it until it is removed from your credit file in 2024' - which I suppose I could but I dont want to.

I have replied to them reiterating that it is not common practice for the ccj to be paid prior to a consent order. I've reiterated that it won't be paid until the ccj is set aside and if it isn't by consent I will make an order for costs too as I am trying to resolve this without extra cost/cost to people's time.
I've asked that they reconsider given the consent order and agreed schedule gives them the outcome they want (the money) and most likely quicker than going back to court to argue against it etc.

If they still refuse and I ask for a 'final response' and report this to the financial ombudsman what would they likely do with this?

Just to clarify you would take the creditor to the Financial Ombudsman, so you need a response from the creditor in order to do that, just ask the solicitors to pass your letter on to their clients.