CCJ removed, old uni debt

[Beanpole93]

Hi,

I have recently (last month) found out about a CCJ entered against me in 2018.

This was for a university accommodation fee which was outstanding. At the time, a company had contacted me in late may / June about a LBA.

i responded, and advised i was moving and provided a copy of my tenancy agreement, along with my new address. I heard nothing and emailed the company 8 weeks later advising, i have moved and not heard anything from them.

Fast forward to today and i recently found out a CCJ was entered against me of JULY 2018 in the old property.

It did not show on my Experian, but found out when a job declined me.

i have contacted the university and they have advised they will accept a reduced payment as their discretion and waive the court fees. I want the CCJ removed and i was emailed;

“if you wish to draw up a Consent Order and send it to me for consideration, I am sure it will be acceptable. This is on the basis that all costs relating to any Application – and the filing of the Order – are borne by you.”

Do i need to apply for a N244 and a Consent order?

if so, can anyone help or advise on how to approach this.

Thanks, apologies for a long post.

[Beanpole93]

The title is incorrect. It should read CCJ removal? Old uni debt.

thanks

[Beanpole93]

If anyone is able to help, i will appreciate it. I have reached out to citizens advice but they could not help. I have contacted a law centre for help, i just do not want to fill it out incorrectly. I want to ensure i have every chance to have the CCJ removed as possible.

[R0b]

Hello

Do you still have evidence of the correspondence you sent to them that you were moving? If you notified them of your new address and they still issued a claim against the old address then this should be a very easy win for you because you can get the CCJ set aside on mandatory grounds that service of the claim form was defective since they did not issue the claim to your last known address which is what the Civil Procedure Rules dictate. If the court agrees and you can provide evidence to that effect, it must be set aside and you should be entitled to all of your costs in the application. The cost of the application is £275 and you should be able to claim back costs of preparing, filing and attending the hearing at a rate of £19 per hour which is the litigant in person rate. Not unreasonable to seek anywhere between 5-15 hours worth of work.

Alternatively you could get them to sign a consent order and agree to the pay costs themselves but if they refuse then you have the above option, or alternatively you can agree to the pay the costs yourself.

Unless you agree to a settlement, setting aside would put the claim back to square one i.e. you file a defence and the claim progresses. You can of course seek a settlement in the meantime but that's your choice.

On a separate note their failure to update their records would amount to a breach of data protection laws and you could counterclaim for compensation in the region of £750+ on the basis that but for their failure to keep the records accurate and up to date, you wouldn't have had the CCJ recorded and resulting in a job offer being withdrawn, causing you to suffer loss - this might offset the fees you owe and could be a basis for agreeing a 'drop hands' settlement in that both sides walk away. However, whether you choose to go down that route is entirely up to you.

If you want to push back, happy to help you craft an email but you will need to do the first draft. I can give you some pointers on what to include to get you started, just let me know.

[Beanpole93]

Hello

Do you still have evidence of the correspondence you sent to them that you were moving? If you notified them of your new address and they still issued a claim against the old address then this should be a very easy win for you because you can get the CCJ set aside on mandatory grounds that service of the claim form was defective since they did not issue the claim to your last known address which is what the Civil Procedure Rules dictate. If the court agrees and you can provide evidence to that effect, it must be set aside and you should be entitled to all of your costs in the application. The cost of the application is £275 and you should be able to claim back costs of preparing, filing and attending the hearing at a rate of £19 per hour which is the litigant in person rate. Not unreasonable to seek anywhere between 5-15 hours worth of work.

Alternatively you could get them to sign a consent order and agree to the pay costs themselves but if they refuse then you have the above option, or alternatively you can agree to the pay the costs yourself.

Unless you agree to a settlement, setting aside would put the claim back to square one i.e. you file a defence and the claim progresses. You can of course seek a settlement in the meantime but that's your choice.

On a separate note their failure to update their records would amount to a breach of data protection laws and you could counterclaim for compensation in the region of £750+ on the basis that but for their failure to keep the records accurate and up to date, you wouldn't have had the CCJ recorded and resulting in a job offer being withdrawn, causing you to suffer loss - this might offset the fees you owe and could be a basis for agreeing a 'drop hands' settlement in that both sides walk away. However, whether you choose to go down that route is entirely up to you.

If you want to push back, happy to help you craft an email but you will need to do the first draft. I can give you some pointers on what to include to get you started, just let me know.

Thank you for your response.

The only information i have is a photo copy of the letter i sent, which was ink dated along with my tenancy agreement. This was to ensure i had a copy in fear of this happening. I also have my follow up email, advising it had been 8 weeks and i did not have a response.

The university, from m understanding are willing to consent to having the CCJ removed, as i highlighted it was not fair as i had made them aware of me moving.

They have advised me to draft a consent order and send it too them, i assume this will be for them to sign to remove the CCJ?

I have also come to an arrangement with them to pay off the reduced debt - which they have advised they will reduce to before court costs and waive the fees.

So, I am happy to fill out the consent form if that is what is required - but would this mean, if they sign it, it is likely to be removed?

Thank you ever so much, this is very stressful.

[R0b]

The email text in your first post clearly indicates that you will be paying the costs of the application at £108, just to be clear, you're happy with that even though it was their fault?

[Beanpole93]

Thank you for your response.

The only information i have is a photo copy of the letter i sent, which was ink dated along with my tenancy agreement. This was to ensure i had a copy in fear of this happening. I also have my follow up email, advising it had been 8 weeks and i did not have a response.

The university, from m understanding are willing to consent to having the CCJ removed, as i highlighted it was not fair as i had made them aware of me moving.

They have advised me to draft a consent order and send it too them, i assume this will be for them to sign to remove the CCJ?

I have also come to an arrangement with them to pay off the reduced debt - which they have advised they will reduce to before court costs and waive the fees.

So, I am happy to fill out the consent form if that is what is required - but would this mean, if they sign it, it is likely to be removed?

Thank you ever so much, this is very stressful.

Truth be told, i had not really thought of it like that. I just wanted it resolved and removed from my credit file, due to the Job aspect.

Perhaps, I shall email them without prejudice outlining what you have mentioned. The original person i wrote too, is different to whom i am speaking too from the university. Looking at the debt collection agency STA, their address is now different to where i had sent it at the time, which was on their letter.

[R0b]

There's no right or wrong way, as it's likely both ways will get you to the same conclusion. It just means one route will set you back an expense initially with the result of recovering that expense, the other means you will pay an expense that can't be recovered.

[Beanpole93]

Truth be told, i had not really thought of it like that. I just wanted it resolved and removed from my credit file, due to the Job aspect.

Perhaps, I shall email them without prejudice outlining what you have mentioned. The original person i wrote too, is different to whom i am speaking too from the university. Looking at the debt collection agency STA, their address is now different to where i had sent it at the time, which was on their letter.

I think i will start to draft the consent form, I have emailed what you mentioned. Whilst it is their fault, they were very quick to reduce the amount payable and advise they will agree to the consent form. I just do not want them to go back on this and make it more difficult.

How should i approach the consent order?

Thanks again

[Beanpole93]

Can anyone help me draft a consent order Please? Thank you