** SUCCESS ** CCJ Set Aside Help Please!

[newbie007]

Ok great - I will take this on board. I must admit i am very concerned now that this maybe rejected. If so, i guess i will have to appeal or try set it aside?

I do have some sort of evidence in terms of medical and personal circumstances. Doctors note to say i was suffering with anxiety and depression, some police reports and references that would help my case - All around the time when i received the CCJ

Would all this help?

[R0b]

Well, if it's rejected then you can submit an appeal, though I would be surprised if a court rejected a consent order solely on the back of what had been written on the application form and without first making it's own inquiries i.e. ordering the parties to court to explain the reasons for the set aside and consent order.

I really don't feel like it's necessary to ask a million and one questions speculating as to what might happen otherwise we will be here forever and quite frank I am not going to spend all day answering your questions on that basis.

The application is submitted, not much more you can do other than chase it up on a weekly basis and see where it gets you. If anything other than a rubber stamp approval of the consent order is given, then you can deal with the when you cross that bridge.

[newbie007]

Ok Thanks. In regards to this application - Is it a case of me just waiting now? Do i chase them up as you say? How long will this process normally take

[R0b]

Since the claimant made the application, it would be them receiving the correspondence from the court. So you need to chase them for an update and preferably get the claim number once the court has acknowledged receipt so then you can chase it up yourself to try speed up the process.

Likelihood is that it will need to be put in front of a judge who like to spend forever and a day taking their time so that's likely where the delay will be. My last experience at the CCBC was that it took 6 weeks for the consent order to be approved though depending on how busy the court is, it could be more or less.

[newbie007]

Ok great. I will bide my time and wait a few weeks before chasing. It only went last week. I will update this thread when i have more news

Thanks for the replies

[newbie007]

Hi Rob

I am waiting a decision on both my cases, both have been sent via the consent form. I am slightly confused as when i asked for a copy of the N44 form from both companies, one sent me it and the other claimed they didnt send a N44 form as it is not required.

Is this true or are they lying? I was under the impression a N44 form must be sent with the consent order form. I must state the company that did not send me the N44 form stated on the consent form that the judgement was entered in Error. Does that make a difference?

[R0b]

Strictly speaking, an application is required where you are want the court to make an order and since a consent order is a form of order by the court, the N244 would be required. That said, it used to be the case where you could get away with not sending the N244 (meaning no fee) and getting the court to rubber stamp but they've become wise to that and difficult to get passed. The consent order will normally be returned and an the court will say an application with the appropriate fee is required.

If they've sent the fee and just the consent order then the court may accept that as well but not always. I wouldn't be worrying too much if the court has acknowledged receipt and are processing the consent order.

I don't know what you mean by the N244 form is not the one they sent?

[newbie007]

Hi Rob thanks for the reply. The first company sent the consent form and a N244 form which they sent me a copy off both. We discussed this in this thread.
The second firm sent of a consent form - They also took my £100 saying it was for the court fee. I have a copy of the consent form which is pretty similar to the first one on here but the only difference is they have stated that the judgement was made in error due to not living at the property. From what i can understand - they have admitted fault that its been sent in error and i am hoping this should be removed? Is this the case for this one. When i asked for a copy for the N244 they said they did not send one and only sent the consent order form.

[R0b]

So does the second consent order seek the claim to be dismissed or just set aside - in which case the claim starts off from the beginning again and you'd need to file a defence at some point, presumably by the directions of the court.

Has the second company received any acknowledgment from the court? I've been a couple of weeks already and would have thought a response would have been given by now.

[newbie007]

Both are set aside not dismissed. I dont mind about the claim starting again as ive made payment arrangements with both so as long as the CCJ is removed then everything else is fine. Ive not heard anything back from either yet. You said its usually around 6 weeks form past experience so ile chase around week 4.

Based on what you've heard is it favourable that the claimant has written the judgement is in error. The first claimant did not say that.

[R0b]

If you have agreed payment plans then the claim should be dismissed because there's nothing to claim or dispute. Not sure how or why a court would continue progressing a claim when an agreement has already been reached, so that wouldn't make sense.

It would be favourable yes if the claimant admits an error as that's immediate grounds but again it is always at judge's discretion.

[newbie007]

Perfect.

I will let know how how this goes. Its just a waiting game now. I will chase them in two weeks for an update.As the forms were both sent by the solicitors of the claimants is it better for me to contact Northampton county court directly for an update or the solicitors. Would the court even update me legally speaking as i did not file the claim.

[newbie007]

Update:

First claim looks like it has gone off my credit reports. I have not received any official notification but i checked experian and equifax today and both have my CCJ removed from my files. I will update once i have news on the second claim!

Big thank you to ROB for advice and help. I was getting charged between £500 and £2000 from solicitors to do a consent form. Even if the other claim is rejected this is better then i expected. I am hoping the second claim goes through aswell without any problems but the second claim was a bit of a longer gap so i am not 100% sure if the judge will allow it due to the time for me to do the consent form.

[R0b]

Good news, if it's been removed then I should expect confirmation by the court in due course.

[newbie007]

Update: First claim off the report and cleared balance in full. Issues with the second claim:

Response came back from the court and it looked like the signature was wrong from the claimants behalf. They signed on behalf of the solicitors instead of the company did that the claim in the first place. So because of this delay they did another consent form with the correct signatures and sent it off again. I have been phoning and chasing but it looks like the whole 6 - 8 week process has started again from the new form being sent in. Its frustrating!

Quick question - Is it worth doing a consent form for an old CCJ back in 2016. Same terms, payable IF consent has been agreed and signed by a judge. Is there any hope i can actually get that dismissed via the consent method or has it simply been too long?