Setting aside CCJ/consent order

[Lotti_16]

Don't think you need to respond if you don't want to.

If you did, then you can simply reply short and sweet along the lines that you are not going to accept their offer to consent on the condition of paying the PCN amount and each party to bear their own costs. If they are confident the claim was properly served then the onus is on them to prove that, and in the meantime you will be pressing ahead with the hearing and will look to recover your costs of the application that you've incurred due to their failure to respond promptly, being £255.

If you want to avoid all of this, then you can look at agreeing to pay the PCN amount but of course you lose the opportunity to recover your application costs. Whilst no one can guarantee a win at court, setting aside a default judgment has a relatively low bar unless you are unlucky and get a really awkward judge.

Hello R0B,

I have just had my court case over the phone with the county court. The judge has ruled to set aside but not on the grounds of papers not being served correctly but because he believes that I was not aware of any court proceedings and this is therefore now impacting on me remortgaging. However he stated I have 28days to make a written defence.

Do I now have to do a written defence or can I just pay the original fine? As my issue is just having the CCJ removed from my credit file. I really do not have the time and effort to put together a defence and go to trial. If I can just pay the original fine, how do I sort this out as nothing was mentioned about paying it, just about a defence

thank you
charlotte