Unknown CCJ

[lpd79]

Re: Unknown CCJ

You would need to put together a Formal Conditional Offer of Full and Final Settlement .
Carefully worded and sent to Andrew Bartle ( he whose digital signature appears on Lowell's threat o grams.) the Chief Operating Officer of the Lowell Group.

nem

Ok thank you. Would the ccj then be removed from my file?
I'll have a look for full and final settlement templates. Thanks again for answering all my stupid questions!

[judgemental24]

Re: Unknown CCJ

Only a judge at a court hearing can authorise the removel of a CCJ from your credit file/Registry Trust

Not Lowell

All they can do is not object to any set aside applcation, the final decision will remain with the District Judge with the N244 application

You could settle this with Lowell and still have a CCJ for the next six years

[lpd79]

Re: Unknown CCJ

I'm confused again now. Do I get Lowell to agree to the final settlement AND an aside? Once they have done that I then raise an n244 with the court to have this set aside then pay Lowell in settlement?

[nemesis45]

Re: Unknown CCJ

Ok thank you. Would the ccj then be removed from my file?
I'll have a look for full and final settlement templates. Thanks again for answering all my stupid questions!

It's a process of negotiation lpd.

If you want help with the letter please let me know! I'm not a fan of templates in cases like this.
You would be asking Lowell to agree to setting the judgement aside then it can be done via consent.
Post #47 is just confusing the matter.


nem

[lpd79]

Re: Unknown CCJ

It's a process of negotiation lpd.

If you want help with the letter please let me know! I'm not a fan of templates in cases like this.

nem

Yes please that would be brilliant.

[nemesis45]

Re: Unknown CCJ

Yes please that would be brilliant.

Ok I can get to this tomorrow PM if that's ok.

nem

[lpd79]

Re: Unknown CCJ

Yeah of course it's ok. Thank you.

[judgemental24]

Re: Unknown CCJ

"I'm confused again now. Do I get Lowell to agree to the final settlement AND an aside? Once they have done that I then raise an n244 with the court to have this set aside then pay Lowell in settlement"?[

I agree but you are requesting the Judge set aside the CCJ on any evidence presented, Lowell have no say in that process

That evidence will be that Lowell are not objecting to the set asid application and the reasons why you did not defend the original claim, furthermore, have a reasonable prospect of defending any possible future claim

The judge will then give his Ratio one way or another

To think that all you have to do is get Lowell to agree and submit the application to remove the CCJ to the court and remove that CCJ is ill advised. The Judge can still say NO

[nemesis45]

Re: Unknown CCJ

"I'm confused again now. Do I get Lowell to agree to the final settlement AND an aside? Once they have done that I then raise an n244 with the court to have this set aside then pay Lowell in settlement"?[

I agree but you are requesting the Judge set aside the CCJ on any evidence presented, Lowell have no say in that process

That evidence will be that Lowell are not objecting to the set asid application and the reasons why you did not defend the original claim, furthermore have a reasonable prospect of defending a further claim

The judge will then give his Ratio one way or another

What is this all about??
The process is to seek to have a judgement set aside by consent between the parties if agreed then the court/judge will order
the judgement to be set aside.
Why are you trying to confuse matters.

The evidence will be that both parties have agreed to having the judgement set aside nothing else.

[judgemental24]

Re: Unknown CCJ

I am simply pointing out even if the Claimant agrees to the set aside the final decision remains with the District judge

A major stumbling point with any set aside application is failure to notify your creditor of a change of address prior to a claim being submitted

That obligation is on the account holder/debtor

Set aside is not Guaranteed that the judge will agree to the application, to say anything else or infer any different is just simply wrong

[nemesis45]

Re: Unknown CCJ

I am simply pointing out even if the Claimant agrees to the set aside the final decision remains with the judge

A major stumbling point with any set aside application is failure to notify your creditor of a change of address prior to a claim being submitted

That obligation is on the account holder

It's simple to grasp a mutual agreement (consent) to set the judgement aside, what has gone before is of no consequence, how do I know I've done it for others on good number of occasions.

[judgemental24]

Re: Unknown CCJ

And i am not willy waving as i myself have had three personal CCJ set aside

Please reference

"what has gone before is of no consequence"



If you didn’t get the papers, the court will expect you to prove you’d given the creditor your new address.
- - - Updated - - -

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/set-aside-a-judgment


http://www.harringtonbrooks.co.uk/ad.../ccj-set-aside

[nemesis45]

Re: Unknown CCJ

And i am not willy waving as i myself have had three personal CCJ set aside

Please reference

"what has gone before is of no consequence"



If you didn’t get the papers, the court will expect you to prove you’d given the creditor your new address.
- - - Updated - - -

http://www.trustonline.org.uk/unders...ide-a-judgment
http://www.harringtonbrooks.co.uk/ad.../ccj-set-aside

NOT FOR A CONSENT ORDER yes if making an N244 without the other parties consent, not one word on consent in that which you have posted.

[judgemental24]

Re: Unknown CCJ

Consent order has nothing to do with this what so ever, though it does help when the District Judge reaches his Ratio to set aside the judgement or not

The District Judge is making his decision on the N244 Application

Any consent order is secondary to the original N244 application on the evidence presented

You can only set aside a CCJ by an N244 application to the court, not by mutual consent

[nemesis45]

Re: Unknown CCJ

Consent order has nothing to do with this what so ever

The District Judge is making his decision on the N244 Application

Any consent order is secondary to the original application on the evidence presented

Of course it has.