CCJ - moved house and hoping to be set aside

[SPhillips]

Hi folks,

New to the site and first post.
I discovered that I had had a CCJ put on me when I randomly checked my credit file around 2 weeks ago. I contacted County Court Online and found it had been put onto be by an accountancy firm that I had used a couple of years ago for submitting self assessment tax returns on my behalf.
When I contacted them, it transpires that they required payment for the most recent self-assessment, they had usually been paid from within the tax return prior to passing that on to me; but for the 2020/2021 tax year I had not received one so they needed payment. They have issued a CCJ to recover this money, it had been issued 23^rd August 2023 according to the claim form, and the CCJ issued 2^nd March 2024. I moved house on the 16^th June 2023, so all correspondence on this had gone to my previous address. I had received a 'Final Invoice' for the monies in the March 2023, however when I emailed them enquiring about it they did not reply, and again due to all previous monies being covered within a tax rebate and the fact that they did not get back to me, I assumed this had been sent to me by mistake.
I have paid the money to the accountancy firm now, been reading on here it seems that was perhaps a mistake but it is paid. They have agreed to sign a Consent Order to try to have it set aside, as I explained to them it was a completely genuine mistake and that I had moved house last year.
I am just wanting to have the wording checked on the Consent Order and Witness Statement please if that is ok, of course I am hoping that a judge agrees to set aside so want to ensure that all language is correctly used to try to help this. . I have paid the £108 to the court, and I plan to submit these along with an N244 and accompanying email from March 2023 confirming my enquiry as to these costs, solicitor letter and council tax letter confirm address change
Apologies in advance for this being so wordy!
Thanks

CONSENT ORDER
IN THE COUNTY COURT BUSINESS CENTRE
CLAIM NO. 440MC001

BETWEEN:
All in One Accountancy Services (the 'Claimant')
And
Stephen Phillips (the 'Defendant')

CONSENT ORDER ('the Order')

Dated 23rd April 2024
UPON the application of the Defendant to set aside a default judgment dated 02 March 2024
AND UPON the Defendant not receiving the Claim form due to having changed address prior to proceedings being issued, and therefore having no knowledge of proceedings
AND UPON the parties having reached an agreement by consent that the default judgment should be set aside.

BY CONSENT IT IS ORDERED THAT:

1. The Default Judgement (reference 440MC001) dated 02 March 2024 be set aside.
2. The Claim be dismissed.
3. There be no order as to costs.
4. The Defendant pay the Claim total sum of £335 to the Claimant.

DATED 23rd April 2024
We hereby consent to an Order in the above terms


Claimant Defendant

_________________________ __________________________

WITNESS STATEMENT
IN THE COUNTY COURT BUSINESS CENTRE
Claim No. 440MC001

BETWEEN:
All in One Accountancy Services (the 'claimant')
And
Stephen Phillips (the defendant)
_________________________________
WITNESS STATEMENT OF YOUR NAME STEPHEN COLIN PHILLIPS

I , STEPHEN COLIN PHILLIPS OF 38 FREESTONE WAY, BARROW IN FURNESS, CUMBRIA, LA14 4RW , being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. 440MC001), Judgment dated 02 March 2024 be set aside as it was not properly served at my current address.

2. CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

3. I learnt of the existence of this claim on the 15^th April 2024 when I checked my Credit File. Upon learning of it, I immediately enquired about it with the County Court Business Centre, to be told it had been filled by All in One Accountancy Services. I then enquired with All in One Accountancy Services as to the Claim origin on 16^th April 2024.

4. All in One Accountancy had been acting on my behalf in submitting self-assessment tax returns. Previous monies to pay for this service had been covered within a tax rebate; however for the 2020/2021 tax year this was not the case. I was never made aware of this until I enquired about the origin of this claim on 16^th April 2024.

5. I did not ever receive an initial invoice for these costs via the post. I received a 'final invoice' on 8^th March 2023, to which I immediately replied via email to All in One Accountancy Services querying why I had been sent an invoice as I was not aware any payment was due. However I did not receive any further response from them. Please see enclosed email dated 09^th March 2023 with enquiry as to invoice origin.

6. My address changed on 16^th June 2023; from 20 Chestnut Walk, Barrow in Furness LA13 0JB, to 38 Freestone Way, Barrow in Furness, LA14 4RW. Please see enclosed email confirming completion of house sale for my previous address (20 Chestnut Walk), and council tax bill for new address (38 Freestone Way). Henceforth I did not receive any postage or communication to my previous address from this date. The Claim Form was issued 23^rd August 2023 and County Court Judgement issued 02^nd March 2024. Therefore due to having changed address prior to proceedings being issued, I thus had no knowledge of proceedings.

7: On 19^th April 2024 I made a telephone request to the Claimant inviting them to consent to set aside the judgment due to the reasons in paragraph 3, 4. 5 and 6.
8. The Claimant accepted my request and has since signed the attached Consent Form

9. I therefore respectfully request that the Court sets aside the judgment in this claim.


Statement of Truth
I, STEPHEN COLIN PHILLIPS, the Defendant, believe the facts stated within this Witness Statement to be true.
Signed: ________________________________
Dated: ________________________________

[atticus]

If the claimant agrees to the judgement being set aside on the terms of that order, there is surely no need for the witness statement.

If you have paid, what is the purpose of para. 4 of the order?

Get the order signed by both parties, then make your application, asking for it to be dealt with on paper, without a hearing. Attach the signed order. Explain the change of address briefly in the details of your application.

Do you realise that, contravening clearly stated forum policy, you have published a good deal of personal information?

[SPhillips]

Thanks for that. Good point on para 4, I have used a number of draft Consent Form that I had seen on this site for similar scenarios and some had that written. I suppose I felt it articulated to the judge that I will be/have paid the claim.

Interesting on the no need for a witness statement. Would it still be prudent to reference/mention the 'Final Invoice' I received and subsequent email I sent enquiring about it? Or literally just state that address was changed prior to receiving any formal communication on the proceedings and CCJ?

I was not aware of that; no. I have since tried to edit my post to remove this but cannot seem to see a function to do this?

[atticus]

I don't think you mean to pay a further £335! Delete that paragraph.