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Claimant agreed to have paid CCJ set aside - Solicitors have sent a Consent Order

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  • Claimant agreed to have paid CCJ set aside - Solicitors have sent a Consent Order

    Hi Everyone,

    I had a CCJ in 2018 which I only found out about recently (2020) after doing a credit check. Turns out all the letters were sent to my old address. I have already paid off the debt thinking that it would take away the CCJ however I've now realised that it will stay on my record for 6 years unless I get it set aside.

    Long story short I've contacted the claimant's solicitors (gladstones solicitors) and asked them to see if the claimant would be happy to have the CCJ set aside. Thankfully they're happy to go ahead and I've now received this Consent Order from gladstones (after paying a £100 fee) asking me to sign it and sent it back.

    Could I get some advice whether this Consent Order looks good and the chances of the judge accepting it?

    ------------------------------------------------------------------------------------------------------------------------------------------------

    IN THE COUNTY COURT BUSINESS CENTRE
    CLAIM NO: XXXXXXXXXXXX

    CLAIMANT COMPANY NAME
    (CLAIMANT)
    -AND
    MR MY NAME
    (DEFENDANT)
    ____________________________________
    CONSENT ORDER
    ____________________________________

    UPON correspondence between the Claimant’s solicitor and the Defendant;

    i. Proceedings were issued against the Defendant on the 10/08/2018 and the Claim
    Form was served on the Defendant at their last known place of residence pursuant
    to CPR 6.9. Owing to the fact the Defendant failed to acknowledge the same,
    Judgment was duly entered on the 19/09/2018.

    ii. However, the Defendant alleges that they have no knowledge of receiving any
    correspondence regarding the parking charge / Judgment to which this claim
    relates to owing to a change of residential address.

    iii. The DVLA provided the Claimant with registered keeper details of the vehicle,
    namely the Defendant at “OLD ADDRESS WRITTEN HERE”. The Defendant
    has provided information to support he left the above address in 2016 and would
    not have received the Claim Form.

    iv. The Claimant avers that they acted accordingly based on the information they had
    at the time proceedings were issued. However, further to the above information
    that the Defendant has bought to light, the Claimant accepts that the Defendant did
    not receive the Claim and on this basis there be ‘good reason’ to set Judgment
    aside in accordance with CPR 13.3.

    v. The Defendant has settled the debt in full.

    AND UPON the parties having agreed the following terms;
    BY CONSENT IT IS ORDERED THAT:


    1. The Judgment entered 19 September 2018 under Claim Number XXXXXXX be and
    is hereby set aside;

    2. The claim be dismissed and

    3. Each party shall bear its own costs save and except the cost of this application which
    is paid by the Defendant.

    Dated this Day of 2020.

    SIGNED ……………………………. SIGNED ………………………………….
    Solicitors for the Claimant The Defendant

    ------------------------------------------------------------------------------------------------------------------------------------------------

    I also notice a spelling mistake on section iv (bought instead of brought), would this cause issues?

    Would love to get some advice on the above. Many thanks in advance.
    Tags: None

  • #2
    Set Aside Application

    Comment

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