URGENT - CCJ - Set Aside

[diamondmine]

Good evening,

I hope you're well - and thanks in advance for any help.

I discovered today on a credit check that I had a CCJ against me dating from August 2020. On contacting the county court, I discovered that this related to a small medical bill for a doctor consultation (of £120 - but increased to £171 after interest and a court fee) which was sent to an incorrect (previous) address and went unpaid.

I would now like to get the judgment set aside, ideally with the consent of the claimant (the doctor).

On reading some threads on this subject, it seems like the best approach would be to send the claimant a draft of the consent order, and request that he sign it, after which:
(i) form N244 is sent to the county court, together with the signed consent order and the relevant fee; and
(ii) on confirmation that the judgment is set aside, I then pay the medical bill owing to the claimant.

I have a couple of questions around the process for this, on which I would appreciate the help of anyone who has experience in the area.

Q1: in relation to Q3 on the N244, I propose to include the following:
An order that the judgment dated [date] be set aside. The parties have agreed terms of settlement in the form of a Consent Order that is attached to this application.

Please let me know if that is appropriate (assuming the Consent Order is agreed).

Q2: there are some draft Consent Orders attached to various messages in some threads - but the links to these appear broken, I have adapted one that was written in a post as follows, for my circumstances:

1. The default judgment *removed ref number* dated [5th August 2020] be set aside.
2. The Claimant has consented to the set aside application, thus the fee payable by the Defendant is £100.
3. The Defendant will pay to the Claimant the sum of £171 within 14 days of the CCJ being set aside.
4. Each party shall have permission to apply to the Court to enforce these terms without the need to bring a new claim.
5. There be no order as to costs.

How can the claimant and the defendant indicate their agreement to the draft consent order (i.e. by signing it?) - it seems odd to ask the court to make an order that is signed by the defendant and the claimant - but how else can I evidence that the Claimant has accepted the terms of the consent order?

Q3: should I indicate that a hearing is required where a consent order is agreed? I presume that in this circumstance a hearing is NOT required.

Q4: in response to Q10 on the N244, I would propose to simply give (in the space provided) a brief overview of the background, i.e. the original claim was not received by me, I only discovered it recently, I have acted promptly and agreed a consent order with the claimant. Please let me know if this does not sound reasonable.

Q5: assuming that the consent order is agreed with the claimant, and that the judgment is set aside in response to the N244 - I can go ahead and pay the claimant the amount owing - and nothing further is required?

Apologies for a long message - but I am very keen to get this dealt with efficiently (and successfully).

Thanks very much for your help.

[jaguarsuk]

Why would you draft a consent order and make this complicated? If you put on that consent order you intend to settle the judge could refuse set aside because you are accepting that the judgement against you is correct because you owed something and didn't pay it.

Write to the claimant and explain the situation, ask them to consent to set aside or you will apply for set aside with seeking the cost of the application from them of £255 on the basis they served the wrong address. Ask them to confirm they will set aside in a letter. Don't mention anything about intending settling, you are procedurally entitled to set aside and as I have said mentioning it could shoot you in the foot.

You then apply for set aside on the grounds that the claim form was sent to the wrong address and mention nothing of your intention to settle using the letter from the claimant consenting as evidence.

Once set aside you agree settlement with the claimant of the amount of the claim and them to file a Notice of Discontinuance.

As for the N244

1. An order setting aside the judgement dated X with consent of the claimant pursuant to CPR 13.3 (1)(b)(ii).

2. Do not include a draft order.

3. Hearing not required. (there will probably be one anyway, so be prepared for that)

4. In numbered paragraphs, something to the tune of:

1. On X the Claimant filed a claim to an historic address of the defendant.

2. On X the Claimant obtained Judgement in Default on the claim.

3. On X the Defendant became aware of the judgement and sought consent from the Claimant to set it aside. Enclosed and Marked 'Exhibit 1.'

4. The Claimant agreed/disagreed to consent in their letter dated X. Enclosed and Marked 'Exhibit 2.'

5. Due to deficient service of the claim form, to an historic address of the Defendant, the Defendant respectfully requests the judgement dated X be set aside pursuant to CPR 13.3 (1)(b)(ii).

5. If the Judgement is set aside you send a letter (or email) headed 'Without Prejudice Save As to Costs' making the Claimant a CPR Part 36 Offer to settle for the amount owing and that they will submit a form N279 to the court, Notice of Discontinuance.

[AndrewC]

I'm writing a book called 'How to Remove a CCJ', which I hope to publish before the end of March. I value any feedback can you can give.

I'm attaching an extract from the book - it's the section about how to complete an N244 when the claimant consents..

Please could you let me know if it's helpful and anything I need to do to improve it.

How to apply for the judgment to be set aside when the claimant consents.pdf

I also have a chapter about how to obtain consent if that would be helpful as well?

Thanks

[jaguarsuk]

I'm writing a book called 'How to Remove a CCJ', which I hope to publish before the end of March. I value any feedback can you can give.

I'm attaching an extract from the book - it's the section about how to complete an N244 when the claimant consents..

Please could you let me know if it's helpful and anything I need to do to improve it.

[ATTACH]n1607511[/ATTACH]

I also have a chapter about how to obtain consent if that would be helpful as well?

Thanks

With respect these threads are to help the original poster of them and the etiquette here is not to hijack posts to ask your own question or seek help for your own situation.

Posters genuinely need help with their circumstances and anything that detracts from their issue can lead to their subject being lost, then ultimately them not getting the help they need.

Might I suggest that you start a thread and then of those posters you have seen posting about the subject in question you either tag them into the thread or private message them with the link to the thread to ask them for their input.

[diamondmine]

Thanks very much for the help, all.

The claimant has refused consent to the set aside (he seems generally nervous and doesn't want to sign anything or do anything unless compelled).

I am changing the detail of my replies on the N244 resultantly (hearing required, etc. - in line with the guidance on this page (https://legalbeagles.info/library/ho...-judgment-ccj/)).

I have also prepared a draft order which asks for two things:
1. that the judgment in default of (date) is set aside; and
2. costs of (£275 application fee) are awarded in my favour.

My question is two parts: (i) presuming the set aside is ordered - what happens next; and (ii) is there anything else I should be requesting in my draft order.

I don't necessarily want time to (or propose to) file a defence. I am happy to pay the original bill once the judgment in default is set aside (my objection is that I never received the claim form, not that I dispute the underlying debt).

To the extent I am successful and the judgment in default is set aside, can I then go on to: (i) settle the relevant debt; and (ii) not think about the matter any further? Or are there other steps I should be thinking about?

I intend to file the documents on Wednesday, so any help in advance of then would be much obliged.

[AndrewC]

Thanks very much for the help, all.

The claimant has refused consent to the set aside (he seems generally nervous and doesn't want to sign anything or do anything unless compelled).

I am changing the detail of my replies on the N244 resultantly (hearing required, etc. - in line with the guidance on this page (https://legalbeagles.info/library/ho...-judgment-ccj/)).

I have also prepared a draft order which asks for two things:
1. that the judgment in default of (date) is set aside; and
2. costs of (£275 application fee) are awarded in my favour.

My question is two parts: (i) presuming the set aside is ordered - what happens next; and (ii) is there anything else I should be requesting in my draft order.

I don't necessarily want time to (or propose to) file a defence. I am happy to pay the original bill once the judgment in default is set aside (my objection is that I never received the claim form, not that I dispute the underlying debt).

To the extent I am successful and the judgment in default is set aside, can I then go on to: (i) settle the relevant debt; and (ii) not think about the matter any further? Or are there other steps I should be thinking about?

I intend to file the documents on Wednesday, so any help in advance of then would be much obliged.

Noted. I did check with site's administrators that it was OK to upload excerpts, and was told that I could do so. However, I take your point - I won't ask for feedback on the excerpts. I'll just upload anything that's helpful.

[AndrewC]

If the judge sets aside the CCJ, you can breathe a sigh of relief. The CCJ will be removed from your credit report, but not immediately. There are a few formalities that need to happen first.

Once a judge has set aside a judgment, the court administrative staff will type up a formal written order and they will send you a copy.
This can sometimes take a few days. The court will be best placed to advise you of how long it will take, as it varies from court to court depending on the court workload.

When the court draws up the order, they will automatically update the Registry Trust overnight. It then takes 24 hours to update the public Register.
When the public Register is updated, the Registry Trust will advise the credit reference agencies so that they can correct their files. That updating process normally takes approximately one week.

Check your credit report to make sure the CCJ has been removed.

Occasionally, the court forgets to update the Registry Trust, in which case you may need to email a reminder to the court staff. Once the CCJ is removed from your credit report, you will see an immediate improvement in your credit score. It will be as though the CCJ never existed.

Depending on the terms of the court order, the claimant’s claim against you may continue to trial and you will then be given a chance to defend it. However, you can simply pay it if you admit it.

[jaguarsuk]

Thanks very much for the help, all.

The claimant has refused consent to the set aside (he seems generally nervous and doesn't want to sign anything or do anything unless compelled).

I am changing the detail of my replies on the N244 resultantly (hearing required, etc. - in line with the guidance on this page (https://legalbeagles.info/library/ho...-judgment-ccj/)).

I have also prepared a draft order which asks for two things:
1. that the judgment in default of (date) is set aside; and
2. costs of (£275 application fee) are awarded in my favour.

My question is two parts: (i) presuming the set aside is ordered - what happens next; and (ii) is there anything else I should be requesting in my draft order.

I don't necessarily want time to (or propose to) file a defence. I am happy to pay the original bill once the judgment in default is set aside (my objection is that I never received the claim form, not that I dispute the underlying debt).

To the extent I am successful and the judgment in default is set aside, can I then go on to: (i) settle the relevant debt; and (ii) not think about the matter any further? Or are there other steps I should be thinking about?

I intend to file the documents on Wednesday, so any help in advance of then would be much obliged.

I really advise against a draft order unless you are experienced in them, I would let the judge dictate the order for the clerks to produce. Because you haven't included a date for the claimant to serve you with Particulars of Claim and a date to file and serve the Defence the judge will ignore your draft and do that anyway. Why make more work for yourself.

Whilst the Claimant seems to now want to sign anything you really are going to need him to sign a Notice of Discontinuance once you have settled.

Another point to note is that in agreeing settlement you need him to sign something that contains the claim number, the amount owed and the words 'Full and Final Settlement of the matter.'

If he doesn't issue a NoD and does nothing the claim will eventually be stayed and will remain so forever unless either of you apply to lift the stay.

If he tries to pull a fast one and obtains Judgement in Default again, you have the settlement letter to apply for set aside and strike out.

If he just issues a NoD you can just forget about it and move on.

[diamondmine]

Thanks for all of your help so far.

In a bizarre twist, I called the county court this morning to pay the £275 fee prior to submitting the application, and was advised that the claimant had already marked the claim as settled... The court staff were unsure if I could proceed with the set aside application in that circumstance. As a matter of fact, the claim is not 'settled' - I have not paid any amount in respect of it.

They've let me go ahead and pay the fee - and I will note in the application that the claim is not settled (contrary to what the claimant has advised). Hopefully it's still possible for the claim to be processed? Very grateful for any insight.

I want to have the judgment set aside as that will have a greater positive impact on my credit score, versus if the claim is just marked settled.

[MIKE770]

but only if you win as the case starts again if set aside (info)

[jaguarsuk]

Thanks for all of your help so far.

In a bizarre twist, I called the county court this morning to pay the £275 fee prior to submitting the application, and was advised that the claimant had already marked the claim as settled... The court staff were unsure if I could proceed with the set aside application in that circumstance. As a matter of fact, the claim is not 'settled' - I have not paid any amount in respect of it.

They've let me go ahead and pay the fee - and I will note in the application that the claim is not settled (contrary to what the claimant has advised). Hopefully it's still possible for the claim to be processed? Very grateful for any insight.

I want to have the judgment set aside as that will have a greater positive impact on my credit score, versus if the claim is just marked settled.

It should go ahead, but this is an admission by the claimant you do not owe the debt and that a judgement should never have been grated against you. If you have not submitted your application I would amend part 10 to include this information and ask that the claimant be put to the strictest proof to evidence you have settled the claim.

[AndrewC]

You can still apply to set aside a CCJ that has been settled. In fact, that's quite common. The benefit of having the judgment set aside is usually much more than not having to pay it (eg your credit score).

I don't know why the claimant would say it's settled if it's not. I would recommend that you check your credit report to see if it's marked as satisfied. However, even if it is, you should probably still apply to have it set aside.

A satisfied CCJ still has a massive detrimental impact on your credit score.

[diamondmine]

Thanks very much - that's super helpful. I intend on putting in the application tomorrow, so still have time to make some amends.

I've pasted below my section 3 of the N244, and extracts of my witness statement (box 10 is empty, as I've used a witness statement instead).

Very grateful for any thoughts? - hopefully it is up to scratch.

Section 3:

An order that the judgment in default of 05/08/2020 be set aside pursuant to CPR 13.3. The Defendant only discovered the judgment in the context of a credit check on 22/02/2022 and has acted promptly in making this application. The Claimant marked the claim as settled on 24/02/2022.

Witness statement:


1. I make this witness statement in support of the application for an order that the judgment in this case (dated 05 August 2020) be set aside.

2. CPR 13.3 states: (omitted)

3. I learnt of the existence of this claim on the 22 February 2022, when I checked my credit report.

4. My residential address changed on 1 September 2019, and I no longer had access to the email address used by the Claimant from March 2020. The Claimant should have been aware that I did not have access to the email address used by the Claimant, as he should have received an automatic 'bounce-back' email, stating that the relevant email account no longer existed.

5. Further, the claim form was issued in the course of the covid-19 pandemic, at which point I did not reside in the UK.

6. In the course of discussions between 22 and 24 February 2022, I made a written request to the Claimant’s office inviting him to consent to set aside the judgment for the reasons given in paragraph 4.

7. In an email of 24 February 2022, the Claimant turned down my request.

8. On 24 February 2022 the Claimant marked the claim as settled, notwithstanding that no payment has been made to him in respect of the claim. In these circumstances, the Claimant’s marking of the claim as settled amounts to an admission that no debt was owed to him and that the judgment dated 05 August 2020 should not have been granted. The Claimant should be put to the strictest proof of evidence that the claim has been settled.

9. I therefore respectfully request that the Court sets aside the judgment in this claim.

[jaguarsuk]

Section 3:

An order that the judgment in default of 05/08/2020 be set aside pursuant to CPR 13.3 (1)(b)(ii).

This isn't the place for explaining the reasoning for what you are applying for, that has to be done in the Witness Statement. This is more concise and what the court would expect.

Witness statement:


1. I make this witness statement in support of the application for an order that the judgment in this case (dated 05 August 2020) be set aside.

2. I learnt of the existence of this claim on the 22 February 2022, when I checked my credit report.

3. My residential address changed on 1 September 2019, and I no longer had access to the email address used by the Claimant from March 2020. The Claimant should have been aware that I did not have access to the email address used by the Claimant, as he should have received an automatic 'bounce-back' email, stating that the relevant email account no longer existed.

4. Further, the claim form was issued in the course of the covid-19 pandemic, at which point I did not reside in the UK.

5. In the course of discussions between 22 and 24 February 2022, I made a written request to the Claimant inviting him to consent to set aside the judgment on the basis of deficient service of the claim.

6. In an email of 24 February 2022, the Claimant refused consent..

7. On 24 February 2022 the Claimant marked the claim as settled, notwithstanding that no payment has been made to him in respect of the claim.

8. In these circumstances, I aver that the Claimant marking the claim as settled amounts to an admission that no debt was owed to him and that the judgment dated 05 August 2020 should not have been granted.

9. I respectfully requests that the Claimant be put to the strictest proof that a settlement has been paid.

10. For the reasons set out in this Witness Statement I respectfully request that the Court sets aside the judgment in this claim pursuant to CPR 13.3 (1)(b)(ii) on the grounds that the Defendant did not have sufficient opportunity to defend the claim.

I have just tidied it up a bit, you don't need to tell a judge what CPR says, especially as a Litigant in Person.

Have you used the Witness Statements example to format it correctly?

[AndrewC]

The N244 Application Notice is used for many different types of application. In section 3, you need to explain that you're applying for a judgment to be set aside and why.

The following suggested paragraphs cover each of the grounds for setting aside a CCJ. Tailor the wording to your circumstances, but keep it brief. Delete those that don't apply to you:

That the default judgment dated dd/mm/yyyy be set side

The claim form was not properly served on me and so the judgment must be set aside.

Alternatively, I have a real prospect of successfully defending the claim and/or the evidence I have provided in the witness statement constitutes a good reason why judgment should be set aside.


Don't quote the law in the witness statement. The content of the witness statement should be your story in your own words in chronological order.

Always keep in mind what you need to prove. Typically, you should include:

• Details of any change of address, including dates
• Why you weren’t aware of the claim against you
• What, if anything, you did to bring your change of address to the claimant's attention
• How and when you found out about the CCJ
• What you did when you found out
• An explanation for any delay in dealing with the CCJ
• Whether you would have paid the amount claimed if you'd known about it
• Whether you would have defended the claim and on what grounds
• The impact the judgment is having on you, such as being unable to obtain a mortgage