Setting aside CCJ - what if Claimant accepts draft consent order?

[aliyeshanyue]

Hi all,

So I now have a court hearing next week regarding setting aside the ccj. The claimant has informed me that they will not be attending and has issued a draft consent order for my signature. The consent order states that the judgment be set aside, the claim is marked as paid, the registration entry is cancelled and there are no order as to costs. Once I’ve signed this and sent it back to them what happens next? I’m still going to attend the court hearing but then what are my next steps?

thanks everyone

Alex

[Vascodegama]

hi alex

i am at the same stage!! with lowell! They accepted my application, will pay all court costs via their court account to enforce the set aside. They also sent me the consent order to sign.

Was wondering how long it took before the ccj was set aside from when you returned the signed papers to them? (hope the result was successful and the judge ordered the ccj set aside as i am in exactly the same situation as yourself)

[Joshoris]

Hi,
Vascodegama and @aliyeshanyue, could you two please let us know what the outcome was. Did you win it, was it set aside and was the ccj removed from your file.

[UncleKudi]

I've attached an example Consent Order. You probably want to remove the reference below as its unlikely to be applicable.

Hi Rob,

Thanks for the useful information on this thread. I find myself in a similar situation to Alex and have come to an agreement with claimant to set aside by consent upon payment of sums. Are you able to kindly re-attach this example consent order? Currently trying to draft one and no clue as where to begin!

Thanks,

Derek











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[R0b]

Hi Rob,

Thanks for the useful information on this thread. I find myself in a similar situation to Alex and have come to an agreement with claimant to set aside by consent upon payment of sums. Are you able to kindly re-attach this example consent order? Currently trying to draft one and no clue as where to begin!

Thanks,

Derek

I've attached example

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[BlackMagic_]

Hello all,

I am in a similar position and have had a thread of my own below

ttps://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/1559759-active-ccj-dispute-set-aside

I am currently a little apprehensive though as i have negotiated a consent to set aside with the legal reps for VCS but unsure of my next steps.

Based on advice from forum members, I contacted the claimant to request/ agree/negotiate that they consent to a set aside if i pay the CCJ charge. They have agreed to this and i am yet to make the payment.

I have drafted my N244 form and they have asked for me to send this to them once i am done before i send it off.

Reading this thread it seems my application may not be viewed favourably by the court if i have made this agreement and go ahead and pay? Should i pay the fee? That is after all what is needed for them to sign the consent order...

or should i be going back and applying for a mandatory set aside instead (despite having email correspondence asking them to consent) without the consent order instead.

I would really appreciate some hand holding guidance. Sorry to piggy back on this thread- fell free to use my original case thread linked above to respond.

Thanks!

[RMC2018]

Hi I am also in the same boat (I think)
Can anyone please help me with a CCJ that has been added to my credit profile by a private parking agency (VCS).

I paid the fine in the time agreed (after a lengthy dispute) this date was put in writing by the agency however the date they agreed was 6 days after the date the CCJ could have been removed?

I now have a ccj on my profile and I am now at risk of loosing a dream job offer that will bring me out of unemployment, any help at all please, the parking company will not take ownership that the information they gave me was misleading however I was under the impression that the agreement made that I pay the fine within the timescale set would prevent a CCJ being added to my profile

Could I request a consent to set aside and how would I request this from VCS?

[RMC2018]

BlackMagic_ how did you get in touch with CVS to propose the consent? Thanks

[BlackMagic_]

RMC2018 I’m not sure you are in the same boat as others in this thread more of an in between it seems. I have only contributed to it as I am in a situation now of having a consent agreement in principle with the claimant but unsure of whether to proceed to pay the ccj charge on that basis and process a consented n244 application to set aside OR whether to go back pay nothing and process a full mandatory set aside. I don’t want the former to look like credit washing as some have said or not looked on favourably. I want the best chance of success. So in a bind. If the expert members can help advise or provide a penny’s worth that would be great.

In regards to your case you haven’t got any form of agreement of consent yet by the sounds of it, you simply have a PCN that has become a CCJ as with most on this forum. You may need to recap facts in order to get some help as I am a little confused by some of what you say and others may also be.


1) You say you paid the fine on time agreed but after a lengthy dispute.

What do you mean on time? Do you mean you paid within the time allowed to settle the penalty charge and therefore it shouldn’t have progressed to a CCJ or you paid within the first month of having a CCJ filed? Just clarify this for us.

Agreed with whom? VCS? The only timeframe that matters and to work to is that which I have just mentioned. You should have been working to pay in full (if this is what you decided to do) within 30 days of the CCJ and stated this in any dialogue and the claimant would/should work to that - they shouldn’t be setting any ‘agreed’ date - you are paying them(!)

(Chronologically state the facts as it will help).
When did the contravention (PCN) occur/issued to you?
Did you receive your notice to owner and final demands?
When did you have CCJ filed?
When did you pay the full CCJ (first 30 day evidence for which the court will then contact the registry trust to remove CCJ)

It looks like you’ve been led a little by VCS in the situation rather than the other way round. You have the first month of the CCJ Judgment being handed to you to pay in full to rid from your file. If you were fully aware of the CCJ and had notice of this, which it sounds you have, you should have negotiated settlement during that timeframe not be dictated to by the claimant (VCS). They are simply wanting their money and getting paid so I don’t see why they would agree to a date of payment anyway, for them it’s ASAP and for you it’s within 30 days of CCJ issuance. They don’t care about any timelines that impact you in this process.

2) Agreement made within the timescale set. Again the only timescale is the one you have to work to as a defendant and that is the first month. VCS shouldn’t dictate their own to you. It’s upto you to settle it as per the procedure so the court can then look to registry to remove. So again need more detail around what you mean about agreed dates but sounds like you’ve just been abit naive here which can happen given they can be difficult. Can’t comment until know more on whether they’ve acted improperly in some way.

3) Should it be that you’ve just been naive and unfortunately not settled this within the courts first thirty days by getting bogged down with VCS dialogue and they aren’t in the wrong, then yes you should contact the claimant VCS and ask that they agree to sign to a consent order to set aside now that the payment has been settled. They don’t have to and now that they’ve already been paid may decide to be less cooperative. You will then be applying for n244 consent set aside like myself and others. If you don’t gain consent from VCS you will have to look at the detail of whether you feel you have grounds to a mandatory set aside and what those would be.


If you have your VCS PCN ticket you should be able to contact the email address provided there. Alternatively, contact their litigation team quoting your VCS reference. Litigation@vehiclecontrol.co.uk

Alternatively, CBCC can provide you claimant details. Depending on how much time has elapsed VCS may have passed on this case to their legal representative third party as they have in my case so all comms goes through them. They should notify you when you contact them if this is the case.

[RMC2018]

BlackMagic_ ok so a long one i apologise

So the long version is I received a parking ticket in May which I disputed through VCS appeals portal, I never heard anything back but continued to chase via the call centre as I was receiving further letters from VCS and the fine was increasing with each letter.

When I called I was told to ignore these letters, that my appeal had been received and I would hear back in time however due to covid there was a delay and people were not in the office.

Then in late October I received a court letter and a bailiff letter, in shock I called the company again and was lucky enough to speak with the same advisor from previous who recognised my chasers and requested a manager call back. I then received a call back from a manager in mid November (I had called many times in between these dates chasing the call back) who advised that my original appeal had been declined and that I should have received an email. I explained that no such email had been received however he advised as there had been no bounce back I must have received it and if not that is not VCS issue. I asked why this had not been communicated to me during any of my chaser calls or emails (which had all been ignored) and why I had been advised to ignore the further letters received and he said they are not obliged to respond or confirm further once the decline email has been sent?? He advised on the call that my case was now with a 3rd party and a ccj in place. After a lengthy and emotional call he agreed to pull the case from the 3rd party (elms legal) reduce the fine to £185 and in his words “bring the matter to a close” which I presumed included the CCJ being set aside. He then emailed me a letter confirming this which gave me till the end of November to pay via bank transfer which I did and I presumed that was the end of the horrendous episode.


However it had been brought to my attention this week by a potential employer that a ccj has been placed on my record, I thought this was an error on VCS part and called to ask that this be corrected however the man I spoke to advised that the manager I originally spoke with who agreed to “bring the matter to a close” was refering to the fine and not the ccj, I expressed my shock and upset and the fact I felt misled but the man was uninterested. As I was given till the end of the month to pay the fine by VCS, I was then 5 days over the date the ccj was issued therefore it has not been removed.

I am beyond shocked upset and confused as I am not aware of the court process etc, I called VCS on the back of the court letter I received and demanded a manager call back in order to resolve the issue once and for all however I feel like I was misled.

The only way I feel I can have this set aside is by contacting cvs again, asking them to agree the fine was paid 5 days after the ccj month date due to a misunderstanding however it was paid within the time frame given by cvs, I will also honour the set aside fee

CCJ DATE 21/10/20
CVS MANAGER CONTACT DATE - 10/11/20
CVS AGREED PAYMENT DATE - by 30/11/20
PAID 26/11/20

Any thoughts as I really really need this removing from my record ASAP

So so sorry it is so long winded

i hope someone can help me

[JaymoM100]

Hi guys, I wonder if any of you could kindly help me.

I currently have a CCJ against me from 2016 which I didn't know about until recently when I checked my file. After lots of phone calls I finally found out where this came from and I have contacted the claimant and we have come to an agreement for the debt to be settled and he consents to the judgement to be removed as I didn't know it existed but agree to pay him if he agrees for this to be removed, which he has.

I just need to know where to go from here with regards to documentation and the courts ect, what do I have to send the claimant to sign and what do I send on to the courts after this.

Thanks,

Jamie

[ploddertom]

Hi guys, I wonder if any of you could kindly help me.

I currently have a CCJ against me from 2016 which I didn't know about until recently when I checked my file. After lots of phone calls I finally found out where this came from and I have contacted the claimant and we have come to an agreement for the debt to be settled and he consents to the judgement to be removed as I didn't know it existed but agree to pay him if he agrees for this to be removed, which he has.

I just need to know where to go from here with regards to documentation and the courts ect, what do I have to send the claimant to sign and what do I send on to the courts after this.

Thanks,

Jamie

You need to start your own thread as its confusing if you tag on someone elses.

[Elliotstew98]

I've attached an example Consent Order. You probably want to remove the reference below as its unlikely to be applicable.

Hi Rob, thank you for all of the useful information here.

I'm in a similar situation to Alex and was wondering if you could kindly repost the example consent form "Consent Order Set Aside Default Judgment (Sums Already Paid).docx", it would be a great help in starting off my case.

Many thanks,
Elliot

[pt2537]

Hi Rob, thank you for all of the useful information here.

I'm in a similar situation to Alex and was wondering if you could kindly repost the example consent form "Consent Order Set Aside Default Judgment (Sums Already Paid).docx", it would be a great help in starting off my case.

Many thanks,
Elliot

Elliot

Has the Claimant agreed to the setting aside of Judgment? i assume you are the Defendant? If so i would see if i could get their agreement first, if they have solicitors acting for them then id ask them to draft an order.