CCJ - set aside or not?

**pt2537** · 1st May 2019, 14:28:PM

Originally posted by jellsbells View Post

Hi I discovered I had a CCJ put against my name in December. This was for old outstanding nursery fees of which I incorrectly assumed my ex partner had paid. I moved house 2.5 years ago and since my children had left the nursery had no further contact with them. The CCJ was served at my old address. I have been in contact with the company and have agreed to pay the full amount my question is can I still have the judgement set aside if I do pay it? - from all the information I have read you can only have it set aside if you dispute the amount in question. Its "only" for £500 so a ridiculous amount to have blemish my record for 6 years. If I do have it set aside will it improve my credit rating? How do I go about setting it aside whilst I am paying it - I've agreed to pay it in 4 instalments the first of which I made a week ago. Should I wait until it is paid to have it set aside?

If youve agreed to pay, why didnt you invite them to consent to the setting side of the judgment in a consent order which providers for payment of the debt and as long as you keep up the payments thats it, it seems to me setting aside is going to be almost impossible once its paid

**jaguarsuk** · 1st May 2019, 14:43:PM

Originally posted by jellsbells View Post

Hi I discovered I had a CCJ put against my name in December. This was for old outstanding nursery fees of which I incorrectly assumed my ex partner had paid. I moved house 2.5 years ago and since my children had left the nursery had no further contact with them. The CCJ was served at my old address. I have been in contact with the company and have agreed to pay the full amount my question is can I still have the judgement set aside if I do pay it? - from all the information I have read you can only have it set aside if you dispute the amount in question. Its "only" for £500 so a ridiculous amount to have blemish my record for 6 years. If I do have it set aside will it improve my credit rating? How do I go about setting it aside whilst I am paying it - I've agreed to pay it in 4 instalments the first of which I made a week ago. Should I wait until it is paid to have it set aside?

No, by paying it you are admitting that you owe it and thus a judge will not set it aside.

You need to ask the claimant for written consent to set the judgement aside via a consent order and then file it with the court. The cost will be £100 to you to have it sealed.

**jellsbells** · 1st May 2019, 14:52:PM

How do I go about having a consent order made is this something that I can do myself?

**jaguarsuk** · 2nd May 2019, 07:40:AM

Originally posted by jellsbells View Post

How do I go about having a consent order made is this something that I can do myself?

You can draft one, have the claimant sign it and return it to you. You then sign it and send it to the court with an application to set the judgement aside with this as your draft order.

Or you can have a solicitor draft one for you, send it to the claimant to sign it and return it to you. You then sign it and send it to the court with an application to set the judgement aside with this as your draft order.

**jellsbells** · 3rd May 2019, 11:25:AM

Thank you I have today written to the claimant with a draft consent order that was relatively easy to put together myself. I have sent it off with a polite letter asking for them to sign and date it within 7 days. I have highlighted that this can be done wihtout a hearing if it is by mutual consent and will save costs, I have stipulated Iwill pay the whole £225 if they agree to consent. I have also said I will proceed with my application to have set aside regardless of their response. Even if I lose and have to sulk away wiht the loss of £225 at least I have tried I am also only 6 months in to the CCJ so if they put it back so I have to enter a defence and that fails and they reapply the CCJ it will not matter too much to me time wise. Plus I will have paid the CCJ in full in the next 3 months so will be marked as satisfied in any event. I just want the poxy thing removed!

**ostell** · 3rd May 2019, 13:47:PM

Fee for set aside by consent would only be £100.

**jellsbells** · 10th May 2019, 09:26:AM

Hi thanks so much for the advice on this forum. The Claimant has agreed to the consent order the only change being that they wish the claim to be reissued to the correct address - which is fine as by the time it is issued it would have been paid. I now have to complete the relevant Court forms - can I take it to my local county court? and how do I go about paying just £100 as I can only find the other circa £220 fee advice. They were really good in advising me to include my council tax statements for the period in dispute to prove that I lived elsewhere at the time of the claim. Should I now include a witness statement and attach the consent order or do I just attach the consent order and my proof as to my address. Also can I stipulate that there is no need for a hearing as both parties agree?

**jaguarsuk** · 10th May 2019, 10:32:AM

Originally posted by jellsbells View Post

Hi thanks so much for the advice on this forum. The Claimant has agreed to the consent order the only change being that they wish the claim to be reissued to the correct address - which is fine as by the time it is issued it would have been paid. I now have to complete the relevant Court forms - can I take it to my local county court? and how do I go about paying just £100 as I can only find the other circa £220 fee advice. They were really good in advising me to include my council tax statements for the period in dispute to prove that I lived elsewhere at the time of the claim. Should I now include a witness statement and attach the consent order or do I just attach the consent order and my proof as to my address. Also can I stipulate that there is no need for a hearing as both parties agree?

The court will not reissue the claim. Why do they request it to be reissued?

You would need file and serve form N244 as an application to set aside with consent pursuant to CPR 13.2 & 13.3 either briefly describe the fact that it was served on the wrong address and council tax statements are enclosed in section 10 or tick the attached witness statement option to include a witness statement with them. You'll need to send the consent order as well.

On set aside the court are going to order you to file a defence to the claim, then the court process is going to continue.

**jellsbells** · 10th May 2019, 12:23:PM

Thank you. I am slightly confused as to why they then ask for a defence is my defence is that the claim was sent to the wrong address? or is this the defence to the actual debt?

**jellsbells** · 10th May 2019, 12:50:PM

sorry can you also confirm I am now the Claimant as opposed to the Defendant or am I still the Defendant with the owner of the debt being the Claimant?

**jaguarsuk** · 10th May 2019, 13:53:PM

They are the claimant and you are the defendant.

Setting aside a default judgement returns the claim to as if you have just received the claim form and you have 14 days to file a defence to the claim. If you do not file a defence the claimant may ask again for default judgement or they can file a Notice of discontinuance for the claim.

The real question is why if you are paying them back they want the claim reissuing at all and are not happy for it to just be discontinued? If you defaulted on the repayment plan they could simply issue another claim.

**jellsbells** · 10th May 2019, 16:48:PM

Thanks their legal department called me this afternoon to agree that the claim should be dismissed. Payment has been agreed and will be paid in the next two months. As regards a defence this wasn't an agreement with a bank etc. it was for unpaid fees on a nursery. I am unsure how I can defend it other than to say I never received the amount and I incorrectly assumed that my ex partner had paid the fees. My ex partner still uses the nursery on an ad hoc basis for holiday club etc. so I just presumed he would have settled the bill and continued the use. I have looked at the example defence on this page and it relates more to finance parties. I don't undestand how to defend something that will invariably then be paid, will this not be allowed to be set aside?

**jaguarsuk** · 12th May 2019, 22:22:PM

It doesn’t matter what the agreement was for, process in the court is process. If the court set the judgement aside it will return as I have already said to as if you had just received a claim form.

The court will expect you to file a defence because that is the process.

The claim simply will not be dismissed, you will either need to apply for it to be dismissed if they fail to follow what ever directions the court sets or they will need to file a Notice of discontinuance.

**jellsbells** · 13th May 2019, 13:26:PM

Thank you I now have back the Consent Order signed by the Claimant so am ready to proceed with the N244. Can I take the forms, my council tax bills (proving incorrect address at time of serving) to my local court or do I need to send to Northampton? I y do not have the original paperwork as I never received it and I have asked a couple of times the Claimant sends me the info but so far they haven't responded.

I also cant fill in the name of Court or Claim number as I do not have these.

Section 5. I have asked for without a hearing and suggested 15 minutes.

Section 8. What level of Judge does the hearing need?

Section 10. "what information will you be relying on in support of your application?" do I attach a witness statement or can I rely on the consent order? I have my council tax bills from the last 3 years showing my change of address etc.

Can I send off and pay via cheque/postal order?

Thanks in advance!

CCJ - set aside or not?