** SUCCESS ** CCJ Set Aside Help Please!

[newbie007]

Hello Everyone,

I am new to this forum and although i have been reading threads ive never posted on here before. I would appreciate as much advice as possible in order to help me in a situation. I have two CCJs in the past year. One was in December 2018 and the other was in June 2019. I do not dispute the CCJ's or debt. I fully understand i must pay the debt off and have no qualms in doing so. I do not remember receiving any letters and did not attend court. As of yet i have not yet paid anything to the claimants. One debt was for a Credit Card for £900 and the other was for a loan of £700.

I am looking about getting these moved or (set aside). Please forgive my terminology as i have read so many articles, forums about this and although i am getting there i am still confused about many issues.

My idea is to approach the claimants and ask them to sign a consent order and remove the CCJS (i know the court ultimately decides this) in return for the full payment.

My first question is, if they agree then would this be enough for the court to remove the CCJ? Do i just send this to the court and get it removed i.e wait for the judge decision.

My second question is, if everyone agrees to sign the consent form then do i need to have a reasonable defence in order for the judge to consider? If so, then my defence is as follows:

I am fully aware that many people may use this argument but I cannot remember receiving any letters from this companies in regards to both CCJs. I live in a big household with 4 other members and the post could easily have either been misplaced, lost or not even turned up. Furthermore, I have been living and moving back and forth for the last year at my brothers house in a different area to which I live now, even though on the electoral roll i am registered at my current address.

I do suffer from stress and anxiety and have done for the past two years due to personal reasons. One of the reason I kept moving back and forth from my current address (which is where the CCJ is registered) and staying elsewhere was because I was concerned over the level of crime occurring on not only in my area but my road particularly. This is backed up by the many police reports I have made over the last 2 years including incidents that have effected me personally (car has been broken into 3 times), attempted burglary’s and vandalism. The police would have these reports to hand as proof. On top of that I also can confirm I have email exchanges with the police over the last year in regards to issues and complaints I have raised about crime on my road and fear of safety.

Due to the seriousness of these issues I became disillusioned with my area and had to get out which in turn meant i suffered more stress and anxiety. As already mentioned above this is all recorded via police reports, phone calls with the police and email exchanges i have with a particular police officer whom i have been in regular contact with over the last year. So I have been moving back and forth between current address (which I am on the electoral roll) and my brothers house which I have stayed for the vast majority of the time. (My brothers house is about 1 hour from where i live). In the midst of everything i have mentioned i had to go to my local GP for stress and anxiety to express my feelings numerous times. He prescribed me prescription sleeping pills to help with this and would have a record of this on file.

Due to the reasons above which all occurred over the past 18 months (during the same time i would have received any contact about the CCJ proceedings) or so i could not respond to any letters i may have received. I did contact the company as soon as i checked my credit file in June to tell them i had not received any letters (which should be recorded on the phone call) and they simply brushed it aside saying it was posted via normal post and not recorded delivery.

It was only after this phone call i had started researching about my options and through legal advice have decided to follow through and take action.



Please Advise

Any advice would be much appreciated

[newbie007]

Any Advice Welcome

[newbie007]

Anyone?

[newbie007]

Can someone please help me with the process. I am keen to get this started. I have zero knowledge about this and my time is running out

Please?

[R0b]

I will have a read and get back to you

[R0b]

How long have you been aware of these CCJs? If you've been aware for some time then you are unlikely going to be able to have any real argument to get those set aside.

The other problem you have is that if you didn't update your details or set up any mail forwarding when you moved out. Presumably you received repeat letters about owing the money so did you simply bury your head in the sand and not respond?

If you can get a consent order sifgned you won't need to provide a defence because the consent order takes precedence. It is however, up to the court to rubber stamp that and on most occasions the courts do not tend to depart from what the parties have agreed but there is a risk it could be refused or a hearing is ordered for a judge to make further inquiries.

If all else fails, you could try your luck at submitting an application to set the CCJs aside in the hope that the claimants would agree and consent but that depends on how you spin your application.

[newbie007]

Hi Rob,

Thanks for your reply. I did not receive any notification so only by chance had a look now. How do i turn notifications on?

I only found about the CCJs in the last month or so and have been researching what to do as i have no idea. I did receive letters but as i was going through other personal things responding was the last thing on my mind at the time. I dont ever recall receiving any CCJ letters though.

I have sent an email to both companies explaining the situation. I have asked them both to draft and sign a consent order and on provision my CCJ is lifted then full payment will be made in 14 days after. Is that fair enough? Its win win for everyone is it not? No response yet but only sent a few days ago via email.

If the judge refuses the constent order then is that the time i need to pick my defence (i.e what is written above in my first post)

Just to get this straight:

Consent order is the first step. If that fails a judge will set a hearing and does that mean i have to attend? If that doesn't go well then do i make an application to set it aside with consent? I thought this was what i was doing in the first instance but you made this in your third point as a last resort.

Sorry i am confused, please help.

[newbie007]

Any chance you could private message me? I dont know how to do it on here

Thanks

[R0b]

You can seek a consent order first but if they ignore you or refuse then your next step would be to make an application to the court for a hearing to set aside the CCJs. Applications to the court should be made promptly and therefore you should never hang around waiting for the other side - if you do, then you have an even further uphill struggle and the courts will not accept that you were waiting for a response as a valid reason for delay.

It is a one or the other kind of situation: application with consent or application without consent and it goes to a hearing. You don't get multiple chances at this, only one. Have you received a response from the creditors yet? If you haven't I would be chasing this up and outlining that no response would mean an application to set aside the default judgment. If you've not heard anything for more than 7 days, I would be considering your next steps.

P.s. there should be a subscribe button at the top of the thread that allows you to receive notifications whenever a new post is made to it. You should subscribe to receive notifications.

Also, I don't do private messages - everything I do is out in the open or nothing at all.

[newbie007]

Hi Rob,

As of nothing i have not heard anything back yet. Its been 10 days. Do you think its wise for me to go down the application set aside route yet as i was under the impression the constent route would be easier and as i have not paid anything yet i find it strange no-one is replying as i am offering full payment within 28 days of judgement being removed

Shall i persist or move to the next step

[newbie007]

Update: I have chased the creditors by phone and basically no-one knows what they are talking about. It seems that they will not grant a consent order even after i told them full payment would be made. Its very strange but i have the feeling they do not know what a consent order is.

What is the next stage? Do i apply for the courts to be set aside

based on my version of events above what are the chances this will succeed

Thanks

[newbie007]

Update: One form has agreed to constent order. However they are charging me £100 - is that normal. I think that is the court fee.

Question about this:

Do i leave them to do everything, i.e the constent form and then they send it to me to sign. I assume thats what they want as they are charging me. If so, can you tell me what i need to look for to make sure they put everything on the form as they may miss things out. Anything specific? Shall i do one myself for them to sign - is that better? if so, have you got any templates i can use?

Second question:

Within the consent form do i need to include anything like my circumstances (letters from doctors at around the time the CCJ was applied for) and do i mention my personal circumstances that i included on top of this thread. Will this help my case for the constent form to be approved?

Please reply

Thanks

[R0b]

Have they said why they are charging you £100? That is the usual cost for making an application to set aside by consent however it could also be a fee for admin costs.

You could draft your own consent order and send it to them for signature then make the application yourself. That way you can make sure it's actually being done and not leave it up to them. If you check the thread below I uploaded an example consent order for setting aside.

You would probably need to add a new point before the third bullet point about no order to costs and say something like "Within 14 days from the date that this Consent Order is approved by the court, the Defendant shall pay to the Claimant the sum of £XXX"

You dont need to submit anything other than the signed consent order and completing the N244 form. Priority is to get the consent order dealt signed and then worry about the form afterwards.

[R0b]

Link to thread: https://legalbeagles.info/forums/for...-cel-from-2016

[newbie007]

Many thanks for your reply. They havent actually said anything regarding the fee so i will clarify that. I told them i would get back to them by this week. I assume it would be the application cost but you are correct it could be admin fees. I will clarify that. Is the consent form usually standard for all companies and cases. Does it actually differ for a removal of a CCJ?

Just to clarify i have to send the consent form and also the N44 form? I thought the N44 form was to set the judgement aside not by using the consent form. I thought was slightly more £255 pounds.

Further to the consent form, is it not a good idea to put a list of bullet points or notes about my circumstances. I.e Did not receive the post? Issues with stress and anxiety that can be backed up with doctors notes (i can add the doctors note aswell) etc etc

Are these points not valid in the consent form? Should i not add them anyway to make a more favourable case before the judge when he is reviewing.

Opinions would be great