CCJ Received without knowledge - Help required

[R0b]

Re: CCJ Received without knowledge - Help required

Send it to them today by email, mark it as urgent in the subject header to whoever you are dealing with. I would put a deadline on it and say if you have not received a signed copy by close of play to day or 12 noon by the latest tomorrow then you will assume that the hearing will go ahead. I would think they will get back to you pretty quickly sometime today on it but just start prepping for the hearing anyway in case they do not agree, you don't want to leave things to the last minute and scupper your chances - if they know there's a good argument of statute barred then they should really consent than fight it in court to dismiss, and that's something you could tell the judge - they agreed to consent but refused to pay app fees and now they also want to dismiss the set aside.


If they do sign it and it is dated, email it to the court and with your claim number in the subject header marked as urgent and in the body just say something like you are writing with reference to the above claim. Please find the attached consent order signed by both parties.

[jimbo83]

Re: CCJ Received without knowledge - Help required

Hi Rob,

Thanks very much for your reply and the attached template. I will get this filled in and sent off via email today.

If they accept, what do I need to do with regards to the hearing. Do I still have to go or can I just phone and cancel as it's only 48 hours away?

[R0b]

Re: CCJ Received without knowledge - Help required

Sorry busy over the weekend, not much of a chance to respond.

First of all, not sure why they would prepare to dismiss the application if they are already consenting to set aside? You should agree but at the end of the day they should be paying your costs, if your application is granted you probably would be entitled to costs of the application anyway, they are just trying to fumble out of paying for your application costs. If you believe it is statute barred then you could explain to them you are confident the application will be set aside because you received no court papers and at the time of the claim being made you know that it was statute barred. where you have proof or evidence to show that your defence has a chance of success the court should grant it and statute barred is a very valid defence. I am not sure why Wright Hassall would want to dismiss an application where the claim was already statute barred and waste further costs.

I've uploaded a template consent order you could fill in and send to them today. The first paragraph says the consent order is in full and final settlement and prevents them from bringing any further claims against you in respect of this matter. The following 3 bullet points are self explanatory but just note point 2, it says the claim shall be withdrawn, this is because when you set aside the judgment it usually gets referred back to court for another hearing.

If you don't wish to use the first paragraph you could just say instead "UPON the Claimant and Defendant having agreed to the following terms". Sign it and email it off to them and see what they say, as I said above if you notify them that you are aware the claim is statute barred which is a reasonable chance of success and to avoid further costs you agree to the consent order attached. You should also inform them that you do not understand why they are agreeing to consent but refusing to pay application fees which are likely to be reclaimed if the application is successful. I expect them to reject the consent order but worth a shot and you should insist on recovering your application fees, but its your choice whether you wish to or not.

Note I am not sure whether you have named yourself as the claimant for the set aside and if you havn't then you will need to change points 2 and 3 to the Defendant.

Or you could agree to their order and suggest you want your application fees back

[charitynjw]

Re: CCJ Received without knowledge - Help required

This is what the attached letter says, but it only arrived by email this afternoon and if they have sent a paper copy it has gone to my old address again (despite me telling them I had moved and providing them with the new address, that was also on my notice to set aside)

Further to your application for judgment to be set aside dated 7 March 2016 please find enclosed a
Consent Order to be signed and returned to us by 9 May 2016. Please note that you are not required to
date the Order as we will do this upon receipt.
If we do not receive the signed Consent Order by 9 May 2016 then we will have no option but to begin
preparations to attend the hearing of your application and seek to have it dismissed.

- - - Updated - - -

I assume the date they talk about is the date of service?

IMHO

I would reply now to the court email*, giving your consent, &

1) Inform them that you will send a signed copy under separate cover via land mail. (Get proof of posting)
2) Request that, as the application is now by consent, could Case Management please adjust the payment accordingly & refund the difference.

*CPR PD 2310(2)

Consent orders

10.1 Rule 40.6 sets out the circumstances where an agreed judgment or order may be entered and sealed.
10.2 Where all parties affected by an order have written to the court consenting to the making of the order a draft of which has been filed with the court, the court will treat the draft as having been signed in accordance with rule 40.6(7).

[MIKE770]

Re: CCJ Received without knowledge - Help required

[MENTION=1937]nemisis[/MENTION]45

[des8]

Re: CCJ Received without knowledge - Help required

Sorry, I know little, but as it is weekend and peeps here have families you might have to wait a while for a meaningful response.
This response will bump your post for you.

[jimbo83]

Re: CCJ Received without knowledge - Help required

Any other thoughts on this from anyone? I really need your help as I'll have to make a decision on Monday either way. Thanks in advance

[jimbo83]

Re: CCJ Received without knowledge - Help required

This is what the attached letter says, but it only arrived by email this afternoon and if they have sent a paper copy it has gone to my old address again (despite me telling them I had moved and providing them with the new address, that was also on my notice to set aside)

Further to your application for judgment to be set aside dated 7 March 2016 please find enclosed a
Consent Order to be signed and returned to us by 9 May 2016. Please note that you are not required to
date the Order as we will do this upon receipt.
If we do not receive the signed Consent Order by 9 May 2016 then we will have no option but to begin
preparations to attend the hearing of your application and seek to have it dismissed.

- - - Updated - - -

I assume the date they talk about is the date of service?

[charitynjw]

Re: CCJ Received without knowledge - Help required

& when was the date of service?

[jimbo83]

Re: CCJ Received without knowledge - Help required

Just a quick addition, I applied for the set-aside through the court, paid the £255 and then the solicitor sent a consent order for the set aside with a 'no order as to costs'

UPON THE PARTIES having agreed the terms of this order, and in order to allow the Defendant
an opportunity to respond to the claim
AND BY CONSENT
IT IS ORDERED that:
1. The Judgment dated 3 March 2016 be set aside.
2. The Defendant do file and serve a fully particularised Defence to the claim within 14 days from
the date of service of the sealed copy of this Order.
3. No order as to costs.

[des8]

Re: CCJ Received without knowledge - Help required

Sorry, set aside is not something I'm au fait with.
However there is this thread started by Amethyst which might help whilst awaiting more direct advice
http://legalbeagles.info/forums/show...lication-notes

[jimbo83]

Re: CCJ Received without knowledge - Help required

All correct except that they claimed I paid £5 in Feb 2010 but I have checked my bank statements and nothing is showing and I don't remember making a payment.

No notice of assignment received.

I only have a few days until the hearing date so I'm not sure that I will have any time to respond by letter before we are due at court.

Any help would be really gratefully received.

[charitynjw]

Re: CCJ Received without knowledge - Help required

Hi

Just to recap.

Cap 1 account - you're not can't recall what this one was.
Defaulted March 2010 (you paid in Feb - £5)
You moved house Nov 2013.
At some point Cabot/Wright Hassall are involved (Didn't you get a Notice of Assignment?)
By fair means or foul, they obtain a default judgment against you on 3rd March 2016.
A CCJ results.
You find out, & apply for a set-aside.
Now they not only don't oppose it, they actually consent to it.

:confused2:

If they consent to it, you could (I think) apply in a much cheaper way (ie without hearing app)

I'll give [MENTION=39710]des8[/MENTION] , [MENTION=71570]R0b[/MENTION] , & [MENTION=55034]nemesis45[/MENTION] a nudge.

[jimbo83]

Re: CCJ Received without knowledge - Help required

Hi everyone,

I've submitted a set-aside request and been granted a hearing date. Today I received a letter from the opposing Solicitor offering a consent order to set aside the judgment. I believe if any debt is due it must of been statute-barred by the time they filed for the CCJ. Are they just trying to wriggle out of paying my costs, or should I accept the order?

Thanks

[Kati]

Re: CCJ Received without knowledge - Help required

:bump: [MENTION=55034]nemesis45[/MENTION] ??