Help! Can my CCJ be set aside?

[rara2022]

Hello




I performed a credit search this week, to find out that I have a CCJ on my file for £2367, the case was heard on 12 January. This was the first I had heard of it as I left the property that the claim forms were sent to in August 2021, I’m now living with my partners parents. I have finally managed to get through to the court today to find out the name of the claimant and the solicitor details. They told me the first letter was sent from the claimant regarding the claim on 26 November.




I’m devastated and stressed out as I am just over the 30 day period to clear the debt and have the ccj removed from my file. So I believe my only other option is to apply to have the ccj set aside.




Before that I would like to follow the procedure of requesting the claimant to consent to set aside the ccj. I’d like to email them tomorrow to ask for consent, but I’m not sure what to write. Can I ask them to prove that they sent a warning letter or reply form? Surely the claimant would only agree to consent to setting aside if the case is botched or if I pay them the money…plus fees asap? But even then doesn’t me paying the claimant kind of negate the n244?




Here’s some more details.

The debt was originally a student overdraft I took out with Halifax back in 2009, it’s been passed around between debt collection agencies since then as I’ve struggled to pay it back. During 2019-2020 I had a full time job and was making payments, in April 2020 I wrote to the debt collection agency (capquest) and told them that I was 5 months pregnant and had been made redundant and so needed to pause my repayments. They said that that was fine and I should get back in contact within 90 days. I emailed capquest again in October 2021 to say that my circumstances were looking to improve soon and that I wanted to take them up on the large reduction they had offered me, to clear the debt for £800. I asked if I could call them next month and I informed them that my address has changed. In November a different debt collection agency (Arrow - the claimant) replied to say that they needed some extra info from me in order to respond such as my DOB and address. I replied with the info and the OLD OLD address they had me registered at. There were a few back and forth emails as they kept asking for me to name alternative previous addresses. Then finally on 22 January they told me my account is being handled by Drydens Fairfax and to contact them. It was then that they asked me for my current address to keep their files up to date. I have only just started employment and haven’t had money to put credit on my phone, my laptop is broken so I couldnt send emails. And I had no idea at all that the debt had reached such a critical level, and the emails didn’t convey that either.




During these email conversations the claimant never actually asked for my new address, or told me to call as it was now an urgent matter. Also I had clearly expressed I wanted to pay the offer and they didn’t respond to this (the previous debt collection agency had arranged things like increased payments or pausing payments via email) all along they knew they were filing a ccj as I found out from the court that they sent the first letter on November 26. Would this count as the claimant not sufficiently taking reasonable steps to find out my current address before serving the claim?




I have all of these emails saved as well as proof of my redundancy, universal credit, maternity certificate and even a document diagnosing me with general anxiety. I wondered if, based on the above, I would have a chance at setting aside the ccj? Should the claimant have pursued my desire to make payment and update my details on their system? I have read through CPR part 13 and I’m not sure if my case meets the requirements. I’m aware that “not receiving the claim forms due to incorrect address” isn’t enough on its own to set aside a ccj. Another point I thought about raising was that during 2021 I was made an offer of £800, and so it’s unfair(is it?) for a former unemployed, new mother that’s living with family to pay almost triple that and have a ccj on my record for 6 years. Which will affect me ever moving out and buying a house with my partner and is also embarrassing for my new job (I just started yesterday and it’s with a local authority where checks are carried out).




I know this is my debt and I should have paid it off. I could find a way to pay the £800, I could even borrow from friends to pay the full £2300. I just want it removed from my credit history.




Any advice is much appreciated as I cannot get through to citizens advice and the national debt charity and step change said they can’t help me.




Thank you for reading all of tbis

[rara2022]

AndrewC i wondered if you could help as your pdf on “other good reasons to get ccj set aside” has been a little beacon of hope for me.

[AndrewC]

Thank you rara2022.

I think you have good prospects of obtaining the claimant's consent if you're willing to pay the full amount. I think it's less likely (but possible) that they will consent if you're only willing to pay in instalments.

Please see the attached excerpt from a forthcoming book about setting aside CCJ's, which I hope you'll find helpful. Obtaining Claimant's Consent.pdf

[rara2022]

AndrewC Thank you. I have drafted an email to request consent using the information you provided, and I wondered if you could have a quick glance over it to check that it’s sufficient. If so I will send it this weekend and just hope that they say yes. I understand I need to attach a draft consent order to the email. And then I’ll need to submit an n244 to the court and include details of the address issue and the consent order?

thanks so much, I really appreciate your time and expertise

Dear Sirs

I write to you regarding the judgment entered against me on 12/01/2022 in claim number [claim number].

The claim form was not correctly served, and it is therefore irregular. My correct address is [new address] The claim form was sent to [old address]. I left that address on 23/08/2021. In my email correspondence with the former debt collector, Capquest on 15/10/2021 I informed them that I had moved to a new address and wanted to have a phone call the following month to discuss paying an offer they had made. On 29/11/2021 you replied to acknowledge this email had been forwarded to yourselves and required security information from me in order to proceed. I replied on 30/11/2021 with my information and the last known address that was on my file. You then took 2 weeks to email me to ask for alternative previous addresses. Despite me telling you I had moved to a new house, you made no effort to find out this new address and had already served a claim form to an old address with knowledge that I no longer lived there.

Part 6 of the Civil Procedure Rules prescribe how to serve a claim form and states that reasonable steps must be taken to find out my current residence before starting a claim.

Since the claim form has not been served, the conditions required for a default judgment have not been satisfied.

In these circumstances, the court must set the judgment aside.

As I was not living at this address at the time you sent the claim forms, it did not come to my attention. I therefore had no opportunity to respond to it.

If I had been given the opportunity to respond, I would have paid the full amount due and I would have avoided having a CCJ on my credit report.

In these circumstances, the court may set aside judgment. I see no reason why they would not do so because I have acted promptly.

On the basis that my application is likely to be successful, I would invite you to consent to judgment being set aside. I attach a draft consent order for your approval.

If you consent to judgment being set aside, I will pay the full amount of the judgment by 25/03/2022 in exchange for you signing the attached consent order.

In view of my intention to apply to set aside the CCJ, please confirm that you will suspend any enforcement action.

Please let me have a response to this offer within seven days (07/03/2022) If I do not hear from you, I will apply to the court.

Yours

[AndrewC]

OK. Some of the template email doesn't apply if the claim form wasn't properly served. I have deleted those paragraphs. If you're able to attach a copy of the email whereby you notified them of your change of address, that will also help.

I've made a few small alterations:

Dear Sirs

I write to you regarding the judgment entered against me on 12/01/2022 in claim number [claim number].

The claim form was not correctly served, and it is therefore irregular. My correct address is [new address] The claim form was sent to [old address]. I left that address on 23/08/2021.

In my email correspondence with the former debt collector, Capquest on 15/10/2021 I informed them that I had moved to a new address and wanted to have a phone call the following month to discuss paying an offer they had made. On 29/11/2021 you replied to acknowledge this email had been forwarded to yourselves and required security information from me in order to proceed. I replied on 30/11/2021 with my information and the last known address that was on my file. You then took 2 weeks to email me to ask for alternative previous addresses. Despite me telling you I had moved to a new house, you made no effort to find out this new address and had already served a claim form to an old address with knowledge that I no longer lived there.

Accordingly, the claim form was not served in accordance with CPR Part 6.

Since the claim form has not been served, the conditions required for a default judgment have not been satisfied. In these circumstances, the court must set the judgment aside.

On the basis that my application is likely to be successful, I would invite you to consent to judgment being set aside. I attach a draft consent order for your approval.

If you consent to judgment being set aside, I will pay the full amount of the judgment by 25/03/2022 in exchange for you signing the attached consent order.

In view of my intention to apply to set aside the CCJ, please confirm that you will suspend any enforcement action.

Please let me have a response to this offer within seven days (07/03/2022) If I do not hear from you, I will apply to the court.

Yours

[rara2022]

AndrewC Okay thank you. I have now put together a draft consent order with help from yourself and your book, I wondered if you could take a look at it?

If the claimant agrees to consent to set the ccj aside, and I pay them in full. What happens next? My only aim here really is to have the CCJ removed from my credit history as it will have such a detrimental effect on mine and my families lives. Will I still need to fill out the N244 and pay £275? And how can I officially prove I’ve paid it? I wondered also if there’s a risk that the judge will see me as guilty as I’ve paid the debt, therefore admitting and not defending, which would make them not want to set aside the CCJ?

Thanks so much for your help, there really isn’t much detailed advice online and all of the debt charities and advice lines are saying I should get a lawyer

[AndrewC]

AndrewC Okay thank you. I have now put together a draft consent order with help from yourself and your book, I wondered if you could take a look at it?

If the claimant agrees to consent to set the ccj aside, and I pay them in full. What happens next? My only aim here really is to have the CCJ removed from my credit history as it will have such a detrimental effect on mine and my families lives. Will I still need to fill out the N244 and pay £275? And how can I officially prove I’ve paid it? I wondered also if there’s a risk that the judge will see me as guilty as I’ve paid the debt, therefore admitting and not defending, which would make them not want to set aside the CCJ?

Thanks so much for your help, there really isn’t much detailed advice online and all of the debt charities and advice lines are saying I should get a lawyer

Thanks for sharing this.

The consent order looks fine, except that you the spaces for signature should say who is signing on behalf of the claimant, eg their solicitors of the claimant themselves. For example:

.................................................. ...............
ABC Law
Solicitors for the Claimant


Paying the CCJ shouldn't be a barrier to having it set aside. The ground for having it set aside isn't that you deny the claim. It's the fact that you didn't receive the claim form.

[rara2022]

AndrewC Hello
thanks for your help again! The claimant has now replied and said that I need to contact their solicitors as they are no longer handling the account.
if I email the solicitor, are they able to actually consent on behalf of the claimant? Or should I try to convince the claimant themselves to handle this consent request?
thank you

[AndrewC]

AndrewC Hello
thanks for your help again! The claimant has now replied and said that I need to contact their solicitors as they are no longer handling the account.
if I email the solicitor, are they able to actually consent on behalf of the claimant? Or should I try to convince the claimant themselves to handle this consent request?
thank you

If there are solicitors acting for the claimant, it's better to communicate with those solicitors. The solicitors will take their client's instructions and will be authorised to sign a consent order on behalf of their client.

[rara2022]

Okay I will email them now. Having read some other scenarios on this forum I am now quite scared of the prospect that the judge will see me paying before applying to set aside as admitting to the claim and remove any defence j may have. I’m so scared of this happening so i think on the email to the solicitor I will start by saying that I am applying to have it set aside based on the claim not being compliant with the cpr rules, and see if they consent based on that alone. If they refuse I could offer payment afterwards.