CCJ to wrong address - is my consent order okay?

[rara2022]

Ideally I would like to apply to set aside with consent as I hope that it would mean the judge will set the judgment aside promptly and without a hearing, compared to a contested set aside. However I’m also aware that time is not my friend. The solicitor have emailed to say that they are speaking with their client, I’m not sure whether to wait for their decision or if I am already on thin ice with regards to time passed since I discovered the claim.

would you be able to glance over my answers for N244? For Q5 I put without hearing, for a contested set aside is it better to write “30 minute hearing?”. For Q10 is it better to leave out points 5-7? I actually contacted the court so I wasn’t sure if they would have a record of that and so felt the need to explain what I was doing up until the date where I emailed the claimant.

Q3




An order to set aside the judgement dated X pursuant to CPR 13.3 (1)(b) on the grounds of deficient service of the claim form.'




Q4

(If the claimant consents I wills include the consent order, however if they don’t do I need to write a draft order?)




Q5

without hearing




Q6

LEFT BLANK




Q7

None




Q8

County court




Q9

Claimant, Arrow Limited




Q9a

N/A




Q10

1. I (Defendant) understands the Claimant served proceedings to XX XXXX XXXX (my former address) on 26.11.2021
2. My residential address changed on 23 August 2021. Please see EXHIBIT A of email to letting agent confirming move out date.
3. I no longer resided at XX XXXX XXXX on 26.11.2021. Please see EXHIBIT B council tax letter addressed to new temporary address on 07.09.2021.
4. The Claimant made no contact via email or telephone to inform the defendant of the claim.
5. I learned of the existence of this judgment on 22.02.2022 when I performed a credit report with My Credit Check.
6. I contacted the Northampton county court business centre on 22.02.2022 to ascertain whether the claim was real and for me.
7. I contacted the Citizens Advice Bureau, Step Change Charity and nation debtline to seek advice regarding defending a claim between 22.02.2022 and had a face to face meeting with my local Citizens advice bureau 01.03.2022
8. I contacted the Claimant on 03.03.2022 to request that the judgment against me be set aside, however I have not received confirmation or denial as of 14.03.2022 and so I am seeking that the judgment be set aside without consent.
9. As I did not receive the Claim Form I was unaware of the proceedings and unable to defend the claim. The claim was not served in accordance with CPR Part 6.
10. The defendant seeks an order setting aside the judgment dated 12.01.2022 pursuant to CPR 13.3 b i

[jaguarsuk]

Ideally I would like to apply to set aside with consent as I hope that it would mean the judge will set the judgment aside promptly and without a hearing, compared to a contested set aside. However I’m also aware that time is not my friend. The solicitor have emailed to say that they are speaking with their client, I’m not sure whether to wait for their decision or if I am already on thin ice with regards to time passed since I discovered the claim.

would you be able to glance over my answers for N244? For Q5 I put without hearing, for a contested set aside is it better to write “30 minute hearing?”. For Q10 is it better to leave out points 5-7? I actually contacted the court so I wasn’t sure if they would have a record of that and so felt the need to explain what I was doing up until the date where I emailed the claimant.

Q3




An order to set aside the judgement dated X pursuant to CPR 13.3 (1)(b) on the grounds of deficient service of the claim form.'




Q4

(If the claimant consents I wills include the consent order, however if they don’t do I need to write a draft order?)




Q5

without hearing




Q6

LEFT BLANK




Q7

None




Q8

County court




Q9

Claimant, Arrow Limited




Q9a

N/A




Q10

1. I (Defendant) understands the Claimant served proceedings to XX XXXX XXXX (my former address) on 26.11.2021
2. My residential address changed on 23 August 2021. Please see EXHIBIT A of email to letting agent confirming move out date.
3. I no longer resided at XX XXXX XXXX on 26.11.2021. Please see EXHIBIT B council tax letter addressed to new temporary address on 07.09.2021.
4. The Claimant made no contact via email or telephone to inform the defendant of the claim.
5. I learned of the existence of this judgment on 22.02.2022 when I performed a credit report with My Credit Check.
6. I contacted the Northampton county court business centre on 22.02.2022 to ascertain whether the claim was real and for me.
7. I contacted the Citizens Advice Bureau, Step Change Charity and nation debtline to seek advice regarding defending a claim between 22.02.2022 and had a face to face meeting with my local Citizens advice bureau 01.03.2022
8. I contacted the Claimant on 03.03.2022 to request that the judgment against me be set aside, however I have not received confirmation or denial as of 14.03.2022 and so I am seeking that the judgment be set aside without consent.
9. As I did not receive the Claim Form I was unaware of the proceedings and unable to defend the claim. The claim was not served in accordance with CPR Part 6.
10. The defendant seeks an order setting aside the judgment dated 12.01.2022 pursuant to CPR 13.3 b i

Email them back and tell them that you are aware you have to be prompt, so you give them 7 days to respond. If they do not then you will apply without consent.

If they comeback file with consent straight away, if they do not then file without after 7 days.

You do not need to draft a consent order, an email or letter saying they consent exhibited is enough. Leave the drafting of orders to the clerks.

Answer the N244 questions as follows:

Q3 An order to set aside the judgement dated X pursuant to CPR 13.3 (1)(b) on the grounds of deficient service of the claim form.'

Q4 No

Q5 Without Hearing

Q6 0 0 No

Q7 N/A

Q8 District Judge

Q9 Claimants Representatives

Q9a Give the Solicitors Details.

Q10

Delete paragraph 7, that could be deemed as not acting promptly.

Change paragraph 9 (was 10, but we deleted number 7) to read 'For the reasons set out in this application I respectfully request the court order the judgement set aside pursuant to CPR 13.3 (1)(b).'

Add paragraph 10 'I respectfully request that the Claimant be ordered to pay the Defendant the sum of £X which was the cost of this application.'

The 'X' amount will be £108 with consent or £275 without consent.

[rara2022]

Hello,
so I’ve rung the court on 2 different occasions and both times they said that they could provide me with a claim form, that the solicitor would have this and they are unable to send it by post or email.
instead the clerk just gave me what is written on the particulars of claim. I had to write it down whilst on the phone so this is all I could catch. I may have missed a couple of words, but I caught every sentence.

Halifax

Claimant is Arrow Ltd

Defendant failed to maintain payments

The default judgment was served to the defendant

The claim form was served 26.11.2022

Assigned Bank of Scotland to claimant. Defendant has been notified by assignment of letter.

Contact Drydens solicitors


I still haven’t had a reply from the solicitor regarding consent, I think I will try to call them today as I’m getting a bit worried.

[rara2022]

Hey,
I just received a reply from the solicitors yesterday evening to ask for details about me replying to an email that was sent after the date of the hearing against me. I didn’t actually reply because I just assumed the debt had been passed on again and I’d planned to get in touch when I had money, then around a month later is when I found out about the ccj via a credit check.

I’m a bit concerned they are getting ready to build a case against me, or to reject the set aside. Perhaps I should call them for clarification.

have you seen anything like this before?

I’ve been ill with covid for the past week so haven’t been able to send the set aside application but I’ve now obtained an email address and will send it today

[jaguarsuk]

Hey,
I just received a reply from the solicitors yesterday evening to ask for details about me replying to an email that was sent after the date of the hearing against me. I didn’t actually reply because I just assumed the debt had been passed on again and I’d planned to get in touch when I had money, then around a month later is when I found out about the ccj via a credit check.

I’m a bit concerned they are getting ready to build a case against me, or to reject the set aside. Perhaps I should call them for clarification.

have you seen anything like this before?

I’ve been ill with covid for the past week so haven’t been able to send the set aside application but I’ve now obtained an email address and will send it today

If they say you have responded then they will have to prove you have, produce the email to prove it.

[rara2022]

I didn't respond to this email on 28 January. But its besides the point as the claim was made in november and the hearing was at the beginning of january so im not sure what they are trying to prove.
I have read of people having their set aside application rejected as they didn't provide a summary of an indication of what their defense was, so I've created this very short defense order

[jaguarsuk]

I assume they are trying to say you have known about this judgement for a long time and have not applied promptly to set it aside.

I would say you don't recall receiving an email and it could easily have gone to junk, after all that's why solicitors don't accept service by email in many cases.

[rara2022]

I have finally submitted my N244 and feel like a weight has been lifted.
So now I want to send the CPR 31.4 to the solicitors, however unfortunately I have not been able to obtain the particulars of claim, the court said they are unable to provide this and of course I didn't receive it in the post. Shall I still proceed in sending this to the solicitors even though I'm not sure which documents they included?
I have also drafted my SAR ready for halifax. Do both of these look okay? I'll be emailing and posting these today.

Thanks as always