Getting CCJ Set Aside With Consent

**echat11** · 26th September 2021, 05:51:AM

Originally posted by DebtTherapy View Post

Hi all,
Finally created an account here after many years of lurking & burying my head in the sand!
I was hoping to get some advice on getting a CCJ set aside with consent.
For context, I was recently discharged from bankruptcy earlier this year, & am finally getting back on track with my finances (aside from the 3 CCJ's I got before the bankruptcy).
On the off chance, I decided to ask each of the old creditors if they would consent to me applying to set the respective judgements aside. One of the creditors responded & said "We are not opposed to this, however the decision will remain with the Judge". As far as I'm concerned, this counts as consent, so I will proceed with submitting an N244 to the relevant court.

Which brings me to my questions:
Do I need to draft a consent order for the creditor sign before submitting the N244?
Do I have to fully explain the circumstances (bankruptcy) on the N244, or is it just as simple as saying that the creditor & I have agreed?
Would it be wise to include the email conversation as evidence to submit with N244?

Feedback / advice welcomed.

HI DEBTTHERAPY

a) Do I need to draft a consent order for the creditor sign before submitting the N244?
Yes

b) Do I have to fully explain the circumstances (bankruptcy) on the N244, or is it just as simple as saying that the creditor & I have agreed?
No, you need to briefly state what order you are asking the court to make and the reasons for your request.

https://assets.publishing.service.go...-notes-eng.pdf

c) Would it be wise to include the email conversation as evidence to submit with N244?
It's not necessary.

**DebtTherapy** · 26th September 2021, 09:35:AM

Originally posted by echat11 View Post

HI DEBTTHERAPY

a) Do I need to draft a consent order for the creditor sign before submitting the N244?
Yes

b) Do I have to fully explain the circumstances (bankruptcy) on the N244, or is it just as simple as saying that the creditor & I have agreed?
No, you need to briefly state what order you are asking the court to make and the reasons for your request.

https://assets.publishing.service.go...-notes-eng.pdf

c) Would it be wise to include the email conversation as evidence to submit with N244?
It's not necessary.

Thank you, that's a massive help.
Just a couple of follow up questions, I intend to use this:

Consent Order

Upon an application by the Defendant to set aside a default judgment

AND upon the parties having agreed

BY CONSENT IT IS HEREBY ORDERED:

1. The default judgment pursuant to claim number XXXXX is set aside.

2. All further proceedings in this claim be stayed except for the purpose of carrying such terms into effect.

3. There be liberty to apply to carry such terms into effect and, for that purpose, the parties have permission to apply.

4. No order as to costs.

Is this suitable for a Consent Order?
Is the process for me to send this to the creditor now, get them to sign & return it, then submit with N244?

**echat11** · 26th September 2021, 16:54:PM

I don't think it's suitable (It doesn't read well).

You need to have something in writing from the creditor to state that they agree with your proposal.
Then draw up a consent order that ties the creditor and defendant into that proposal.
You then need to get them to sign & return it, then submit with N244.

Getting CCJ Set Aside With Consent