• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Consent Order

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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.
    Tags: None

View our Terms and Conditions

LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

Announcement

Collapse

Support LegalBeagles


Donate with PayPal button

LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

See more
See less

Court Claim ?

Guides and Letters
Loading...



Search and Compare fixed fee legal services and find a solicitor near you.

Find a Law Firm


Working...
X