2x CCJs - Help with consent order

[novice95]

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 A lot of the links I've found are broken (presumably old or out of date info)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

[R0b]

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.

[novice95]

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.

[PallasAthena]

Wow! Two different AI bots on the same thread on the same day!