Claimant agreed and signed a consent order, now what do I do?

[SR9]

So I have posted before, but back story, in June 2018 the claimants were successful and a default judgement was awarded. I was unaware of proceedings as they used a very old address. I applied for a mortgage and was denied, after checking my credit file I got in touch with the claimants. They agreed and signed a consent order to have it set aside, once set aside they will withdraw if I pay in full.

So today I rang the courts to find out what I do next with the signed consent order. They have said I need to pay a fee of £255 and I just need to send them the signed consent order. Is this right?

Thanks guys!

[MIKE770]

£255 set a side cost unless you have certain benefits .


consent order is £100.00????????????????/ sure somebody will be along soon?

jaguarsuk

[jaguarsuk]

You need to file a form N244 with the fee of £255 and the consent order. You shouldn't have to pay a sealing fee for the consent order as you could have received consent simply by a letter and an order wasn't needed really.

[Amethyst]

It is £100 to file an application by consent, which is what this is, an application to set aside by consent. It is the N244 form.

Could you post a copy of the consent order you've agreed please. The judge is unlikely to agree it if it is on the terms you have mentioned - so ensure those terms are only contained in the schedule not the order.

[2222]

In my naivety, I just assumed that there must be some mechanism for simply paying a debt, then getting the credit record marked accordingly? I suppose that might not result in a mortgage offer?

[Amethyst]

Sadly it will depend on your mortgage company, a CCJ marked as satisfied is better, slightly, than a live, outstanding CCJ, and if it is beyond a month since the judgment was handed down, the judgment will remain on your credit file for 6 years whether or not it is paid. So you are right in applying to have the judgment set-aside - then it will be removed from the register, and thus your credit file. You have already obtained consent from the claimant so now you just need to judge to agree and order the judgment is set-aside. The argument for having the judgment set aside is that it was issued at an old address and there was no reason for the claimant not to have issued at the right address.

[SR9]

Hi, thank you all for your replies. I am quite confused over the process and don't seem to find much guidance online.

So now I need to fill in the N244?

please find attached the consent order which they agreed to.

Amethyst

[jaguarsuk]

Hi, thank you all for your replies. I am quite confused over the process and don't seem to find much guidance online.

So now I need to fill in the N244?

please find attached the consent order which they agreed to.

Amethyst

The court won't seal that, if it did not have paragraphs 2 & 3 they would. The judge will see it for what it is, manipulation of the credit file and throw it out.

[Amethyst]

A concern is the mention of withdrawal, although it states that the claimant will withdraw rather than the court order it be withdrawn so might be okay. Have a read of Nesta's letter back from the court on a similar circumstance here http://legalbeagles.info/forums/foru...17#post1393517


Okay so form N244 - you still want to show the court that it is actually being set aside because they sent it to an old address and failed to due their due diligence - not just you are paying it cause you want it off the register...

So....something along these lines....

3. An order by consent that the default Judgment in this case ( claim XXXXXX) be set aside pursuant to CPR 13.3. The claim was issued to an address which the Defendant has not lived at since xxxxx.

4. No
5. Without a hearing
6. leave blank
7. leave blank
8. District
9. leave blank
9a. leave blank
10. the evidence set out in the box below.

The claim form was not issued to my address and I first became aware of the claim, and default judgment, when I checked my credit file following a declined mortgage application in xxxxxx 2018. The Claimant had issued the court claim to an address I have not lived at since xxxxxxxx . There was no reason the Claimant could not have found the correct address for service as I am on the electoral roll and have kept my credit file up to date with my address. I have had no contact regarding the account that the claim appears to be based on since 20xxx, I was unaware of any outstanding debt and had no reason to inform the original creditor of my change of address. Had I been aware there would have been no reason to bring a claim against me as I would have settled the account. The Claimant consents to set aside the judgment and the agreed and signed consent order is attached.


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ignore the photo - I clicked the wrong button then had to put something there before it'd let me actually post ( sorry)

[Amethyst]

lol, crossed with Jags, he put it more succinctly .... really you want agreement between you and the claimant and then the draft order for the court to be simply set-aside,claim dismissed. See Nesta's thread anyway.

And no, these things are never easy.

Also.... before you do all this, do you know what the original debt was? is it less than 6 years old ? ( just noting who the claimant's solicitor are )

And also... again (sorry) are Moriarty Law actually the claimant ? rather than the solicitor acting for the claimant ? who is the actual judgment holder? ( someone like JC International or Asset Collections etc ? )

[SR9]

Great thank you for the replies, I will go back to Moritary law with an amended consent order, I don't want to waste £255 for it not to be set aside.

I'm unsure who actually took the case to court, because I've had no paperwork regarding this. I basically had to do some digging to find out where the CCJ had come from and was told Moritary law.

I'm unsure when the original debt was from however I think it was about 2012. Again unfortunately I have no paperwork. The original debtor was cheque centre.

Honestly it's not been a great couple of months trying to get this sorted and I feel like I am getting no where.

The courts told me it was £255 for me to apply to have it set aside and £100 if the claimants apply. Even with a Consent Order. But I read online it should be £100 for me to apply, it's all very confusing.

So, with the consent order, I should amend it, and have the last two lines removed?

Thanks for all your help, it's greatly appreciated.

[jaguarsuk]

lol, crossed with Jags, he put it more succinctly .... really you want agreement between you and the claimant and then the draft order for the court to be simply set-aside,claim dismissed. See Nesta's thread anyway.

And no, these things are never easy.

Also.... before you do all this, do you know what the original debt was? is it less than 6 years old ? ( just noting who the claimant's solicitor are )

And also... again (sorry) are Moriarty Law actually the claimant ? rather than the solicitor acting for the claimant ? who is the actual judgment holder? ( someone like JC International or Asset Collections etc ? )

I didn't know there was an address issue, further to my previous post you could keep Para's 1 & 3 changing 2 as follows:

AND UPON the Claimant acknowledging their service of the claim form to the Defendants previous address and with the Defendant not having opportunity to defend the claim.

I'd also change the wording of point 2 of the consent to read "The Claimant discontinues in the claim."

Then ask them to re-sign it.

Or you can file it as is, but you really need to stress that this agreement has come about purely because the wrong address and you have just negotiated to settle as an extension of the claim being served to the wrong address with a view to not wasting the time of the court. Include a Witness Statement to outline it.

As I said if the judge thinks you're trying to manipulate your credit file then they'll dismiss the application.

[SR9]

Apologies yes they used an address from 2014, which wasn't even the address linked to the original debt. I had no idea about it until I applied for a mortgage.

I sent Moritary Law a letter basically saying that I am easily traceable and I believed they hadn't done enough to trace me. And I attached a consent order. They replied asking for it to be amended, so I amended and sent it back. They then signed and sent me it back.

Okay, I will fill out the N244 and will say I had no chance to defend myself and myself and Moritary Law have both agreed to the consent order on this basis.

[jaguarsuk]

Apologies yes they used an address from 2014, which wasn't even the address linked to the original debt. I had no idea about it until I applied for a mortgage.

I sent Moritary Law a letter basically saying that I am easily traceable and I believed they hadn't done enough to trace me. And I attached a consent order. They replied asking for it to be amended, so I amended and sent it back. They then signed and sent me it back.

Okay, I will fill out the N244 and will say I had no chance to defend myself and myself and Moritary Law have both agreed to the consent order on this basis.

Amending the consent order is your best option.

Use:

AND UPON the Claimant acknowledging their service of the claim form to an incorrect address resulting in the Defendant not having opportunity to defend the claim.