setaside ccj issued to wrong defendant

[charitynjw]

charitynjw, I already apologised

Absolutely no problem!

[ohitsonlyme]

Strange isnt it when a court paper hits the floor how attitudes change!!

Claimant rang me yesterday apologising and saying he would agree to consent to the setaside.
He had heard that I had made an application and it had been transferred to my local court

I do feel sorry for him as he had been ripped off probably by my tenant and I told him I would only pursue for court costs and nothing for my time

What is the procedure for now changing my application to a consented application to setaside and is it to late to save the original claimant from paying £255 application and only pay £100

[Amethyst]

You have paid out the £255 - it is entirely up to you if you claim that back from him.

You should draw up a consent order which you both sign and send to the court with a cover letter to go with your application. I'd suggest the order contains the claim be dismissed. It will also contain the costs order - you can put the £255 there or £100 or nothing at all if you prefer.

Did you submit a draft order with the application ? It would make sense to adapt that to consent ... here's an example of consent order as a start...


5815F48A-BB34-48F3-A9CD-8F368D378FA9.png

[ohitsonlyme]

You have paid out the £255 - it is entirely up to you if you claim that back from him.

You should draw up a consent order which you both sign and send to the court with a cover letter to go with your application. I'd suggest the order contains the claim be dismissed. It will also contain the costs order - you can put the £255 there or £100 or nothing at all if you prefer.

Did you submit a draft order with the application ? It would make sense to adapt that to consent ... here's an example of consent order as a start...


5815F48A-BB34-48F3-A9CD-8F368D378FA9.png

Thank you Amethyst The consent order That I gave to the claimant is pretty much along the lines of yours and as soon as I get it back I will write to the court to ask for the application to be changed The claimant has greed to pay costs and I am not wanting to gain from it so will try to get the application downgraded to the £100 fee if at all possible
My application for setaside went in last and it was transferred to my local court who I spoke to and asked them to make a note on file that it is now a consented application
Only Me Again

[Amethyst]

All sounds quite straightforward so far xx