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CCJ to be Set Aside

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  • CCJ to be Set Aside

    Dear fellow Beagles,

    I'd like some advice on setting aside a CCJ.

    I had a CCJ filed against my name for failing to pay £300 for a storage lockup. The reason I had not paid the bill was that I had moved house and was not aware of the payment. I had previously responded to the letters by paying the bill each month and had not missed a payment previously. The email reminder went to a junk mailbox. The CCJ letters were also sent to the old house address.

    As soon as I was aware of the CCJ (31/10/22) I paid it in full and satisfied the CCJ (31/10/22). After further discussions with the claimant they agreed that given the circumstances they would agree to set aside the CCJ 'with consent'. On 17/11/22 I submitted a N244 Application Notice form and paid the consent order fee with fee reference number attached (~£100). I provided supporting evidence in the form of a signed letter by myself and the claimant which I believed was enough for a consent order. The document included the statement 'the claimant hereby agrees to cooperate to consent and support the judgment issued DD/MM/YY be set aside'. Was this incorrect?

    After not hearing a response from the court, I emailed twice to check up, latest (08/02/23). After not receiving a response I rang the court. They informed me that the consent order had not been completed correctly and that I could either pay the £275 to file the N244 or get the claimant to prepare a signed Consent order form and the re-submit. Speaking to the claimant they have asked me to send any forms that I want to be signed and so i'd like to prepare a proper consent order from for them to sign.

    I've tried to be 'prompt' but things are dragging. Where can I find a template of a consent order form? Where have I gone wrong so far? Any advice/suggestions on how to proceed?
    I have red Set Aside a County Court Judgment ( CCJ ) - LegalBeagles, and seen the 'witness statement' which seems like this could be what I need but i' not sure.

    Thanks in advance!!

    Tags: None

  • #2
    Would appreciate some support here! Any advice from the community?

    Comment


    • #3
      Has the court actually stated what is wrong with the consent order? Only the person who reviewed the consent order and rejected it can tell you what was wrong with it and what needs to be done to be rectified.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

      Comment

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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