*Update from CEL* - CCJ from CEL from 2016

[R0b]

If they haven't presented you with a Consent Order then you'll both need to sign one setting out what's agreed - you can draft it yourself and sign then return it by email or recorded delivery whichever wya you have been corresponding.

I've attached an example consent order and you only need to complete the highlighted sections, sign and return to CEL.

P.s. I assume CEL issued a claiming using the Money Claims online service in which case the name of the court would be the Northampton County Court Business Centre or Northampton CCBC for short.

[Dave_W]

R0b you have been a massive help, thank you so much.

After mulling it over today (at LEGOLAND no less - daughters birthday treat ) I've decided just to accept the offer (through gritted teeth) chalk it up to life experience and move on, I'm confident I could have both got the set aside and beat the claim, but not convinced adding months to this is sensible.

I've completed the form you attached (thanks again!) and typed up the following letter to send them recorded delivery tomorrow.

RE: REFNOXXX – CCJ Set aside – Consent Order

Dear Sir or Madam,

I am writing to accept your “WITHOUT PREJUDICE SAVE AS TO COSTS – REFNOXX” offer of consent to set aside.

Although I fully believe I would have been granted the set aside had the matter been heard in Luton County Court and also believe I would have had the original claim dismissed, to speed up the process I am willing to sacrifice the £255 spent so far in a bid to get the CCJ you had applied to my otherwise perfect credit record.

The position we both find ourselves in could have been avoided had you simply complied with Civil Procedure Rules.

Please ensure you act quickly in getting this processed and sent on to the court. To aide with this, please find enclosed a signed Consent Order form laid out with the terms in your offer.

I will be unable to respond by post between 29/07/19 – 06/08/19, if you wish to communicate with me during this time, you may do so via email: XX@myemail.com

I'm on holiday next week, so don't want them sending me paperwork I can't respond to.

I'll let you know

Dave.

[R0b]

Wise choice, the County Court is like the wild west and you never know what judge you get, some are nice and some are down right rude who shouldn't be in the job so you've at least saved yourself the hassle.

Keep on CEL by the way and chase them when you return if you haven't heard from them confirming that they have submitted the application.

[Dave_W]

Will do Rob and thanks again.

[Dave_W]

Hi R0b

Bit of an update, for whatever reason, CEL decided not to use my form and used there own (nearly identical, but shorter) :/

I duly sent that via email to Luton County Court, following the advice I received on the phone from them, advising them to process it against the claim number.

Around a week later, I get a letter in the post, with a print out of my email, saying they couldn't progress it as I hadn't included £100. I call up the CC again, ask why this is required as the case is already live and this is just a quicker way of closing it down. Get advised to send another emailing in as my SJA hadn't got to the judge yet, asking to cancel the SJA and use part of the refund towards to the Consent Order.

I get an email back today telling me the SJA has been with the judge since the 31st of July (glad they've progressed it then..) and that I need to pay.

I question back again asking should the Consent Order supersede this and get told that's for the judge to decide, they foolishly left the email chain in, where whoever got it, forwarded it on to the person emailing me with a 'Sorry Name...' I've pulled them up on that, a mock apology for me having the audacity to question their lack of common sense doesn't wash with me.

Waffling aside, is it correct that despite nothing happening with the SJA, I should be expected to pay an additional £100 against the same claim? Not sure who's trying to extort me more, CEL or LCC?

Dave.

[R0b]

First of all, court staff are not your legal advisor. The Civil Procedure Rules govern civil proceedings so if you choose to rely on court staff then that's on you - short answer, follow the rules.

Yes you should be expected to pay the £100. A Consent Still requires an application to the court and the cost of a Consent Order is £100.

Nobody is trying to extort you, all I can say is that I'd refer you to my earlier posts.

[Dave_W]

Thanks for the clarification R0b - I was being facetious about the extortion, but it is definitely money for old rope as they've done nothing so far and want more money to make the job easier

Not used to dealing with something so illogical and lacking common sense, I'll cough up tomorrow so I can get this put behind me!

[Dave_W]

Finally sorted! - Credit rating back to 999 and no trace of the damage done by the bottom feeders!

R0b Thanks for the help

[hummad21]

please ignore my post as I can't delete it.