SUCCESS CCJ Set Aside Help Please!

**newbie007** · 22nd July 2019, 19:24:PM

Any Advice Welcome

**newbie007** · 23rd July 2019, 18:49:PM

Anyone?

**newbie007** · 24th July 2019, 18:00:PM

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** · 24th July 2019, 18:31:PM

I will have a read and get back to you

**R0b** · 24th July 2019, 22:05:PM

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** · 27th July 2019, 02:03:AM

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** · 28th July 2019, 21:23:PM

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

Thanks

**R0b** · 29th July 2019, 06:50:AM

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** · 29th July 2019, 10:47:AM

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** · 29th July 2019, 14:23:PM

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** · 30th July 2019, 15:41:PM

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** · 30th July 2019, 16:45:PM

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** · 30th July 2019, 16:46:PM

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

**newbie007** · 30th July 2019, 18:21:PM

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

SUCCESS CCJ Set Aside Help Please!