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Consent Order

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  • Consent Order

    I have a default CCJ against me that is over 3 years old. The debt was satisfied directly with the Claimant 3 years ago (after the CCJ had been entered). I became aware of the CCJ this month when I checked my credit history. The Claimant is willing to sign a consent order to set aside the judgement. I acknowledge that the debt was owed and properly invoiced to a correct correspondence address. However, the claim leading to the CCJ was issued (by solicitors for the Claimant) to an incorrect addresss, different to the invoice address used by the Claimant. The Claimant says that when I paid the debt directly with them, they notified me of the CCJ. I have no recollection of that, but do not want to get into a dispute with the Claimant. The Claimant is very sympathetic and wish to do anything in their power to have the judgement set aside. I am drafting the consent order. I would prefer to draft a minimal Consent Order to the effect that the parties have reached a settlement and agreed to apply to set aside the judgement in default. I am conscious though that the Court may have questions about the amount of time that has elapsed since the Judgement and the settlement. How likely is the Court to want to go behind an application to set aside by consent if no detail is provided, particularly where it is clear the debt was settled three years ago? If I seek to include anything that suggests the Claimant was at fault, I risk losing their cooperation, although I believe I could, if required, present a compelling case why the judgement should be set aside. Thank you in advance for any advice.
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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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