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2x CCJs - Help with consent order

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  • 2x CCJs - Help with consent order

    Hi all

    I'm looking for some help with 2 newly discovered CCJs.

    Last week, had a voicemail left from an enforcement agent who was at my old address trying to make contact for a CCJ - when I heard this I immediately signed up for a credit report and saw 2(!) CCJs had been added to my account in 2023. Looking at the dates, they were both ruled AFTER I had moved out of that address.

    Admittedly, I did have my head buried in the sand regarding some finances and I know this is not mitigating but I had A LOT going on with bereavement and other similarly life changing issues which I won't go into. One CCJ is from OVO and one is from Lowell. I did not know these were at CCJ stage and as stated before, the rulings were after I had moved address.

    As soon as I discovered these, I put myself into the 60 days government breathing space to try and get this sorted.

    I would like to attempt to resolve these by requesting consent to set aside from the companies. I have a couple of questions:

    1) Is there anywhere I can find how to actually ASK the creditor to consider this? I know a consent order needs to exist, but how do I go about asking for them to consider one?
    2) Is there a template/ example of the legal jargon I would put in the consent order, or does the creditor write this up? A lot of the links I've found are broken (presumably old or out of date info)
    3) If I ask for their consent, and they agree, can I arrange a payment plan with them to pay once (and if) it is approved in court? Or would this have to be paid in full once set aside is granted? I've seen something called a Tomlin Order?

    Any advice is hugely appreciated!!!

    Thanks
    Tags: None

  • #2
    Hi,

    I wrote a guide about setting aside default judgments which you can find here. I would recommend you read that first and then if you still have questions we can answer them. Ideally you want to be trying to argue set aside on the basis of CPR 13.2 because it is a mandatory set aside.

    A lot of debt collectors and debt recovery law firms tend to fail on the procedural requirements for serving a claim form properly to the correct address. Not always, but more often than not because it's the same law firms doing this kind of crappy grunt work that no other firm wants to take it. Therefore they are prone to mistakes which you can seize upon. Just don't make a payment to them if you are seeking to set aside the judgments.
    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
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    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


    • #3
      I managed to get through to the phone line today to get the full details of each claim. My question is: how do I go about approaching the creditor to ask for consent to set aside? I’ve seen lots of consent orders but I’m conscious that it all depends on the individual case.

      I haven’t paid anything to them as yet.

      Comment


      • #4
        Wow! Two different AI bots on the same thread on the same day!
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        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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