Letter requesting consent to set aside

[DD83]

Hello,

I am attempting to get a CCJ set aside and have drafted a letter (attached) to get consent from the claimant.

My questions are:

1. Have I included all the necessary information? If not, what else do I need to do?
2. Should I create the consent order and attach it to the email with the letter?
3. Are the terms agreeable?
4. Given the information in the letter, what are the chances of the CCJ being set aside?

Thanks
DD83

[Celestine]

Morning

How come you were unaware of the CCJ until recently if it happened in Feb 19?
Why was the piece of evidence 'unavoidable delayed on your part' ?

It sounds as if the piece of evidence was found, the invoice accepted but the firm issued a claim in between? Have you spoken with them about set aside by consent?

The wording is ok, but a little harsh in places if you're trying to settle the matter. e.g unethical, immoral etc.

You may want to try to sound somewhat more conciliatory? e.g this was all an unfortunate misunderstanding and we'd like to resolve it sensibly.

I can't comment on the prospect of set aside without consent from the information you've provided, but I would advise you attach a draft consent order to your letter.

[R0b]

Agree with the suggestions made by Celestine.

Can you clarify who is the claimant as you refer to a disciplinary hearing and now the claimant has obtained judgment against multiple defendants.. seems very confusing to me. Also need to understand how you didn't receive it the claim form - have you moved address or did you open the letter and thought it was a scam so you binned it (still amazes me but far more common than you might think for litigants in person) or is there some other good reason?

I also don't think it's necessary to do a cut and paste job on from CPR 13 either you can simply refer to CPR 13 if you must.

Also, did you receive a letter before action in accordance with the pre-action protocols? If not, then that could also be a reason for setting aside the default judgment.

Think your letter could do with some re-work. Being unethical and immoral has nothing to do with the claimant's right to pursue a legitimate claim so I would look to remove that.