CCJ need urgent advice Please Help

[NewPJ]

Hi found out about a CCJ against me when I signed up for Experian credit report on the 7th Jan 2020. The CCJ was sent to my old address in May 2019. Even though I had a letter forwarding arranged for few months in 2018 aug when I moved I did not receive this. The original creditor was Halifax but was later passed onto IDEM. I have had not updated IDEM of my new address but I did update council tax department and DVLA, my bank etc in 2018. And I have received other creditor letters to my current address.

Due to the move and family health issues during the time of the move (2018) I have missed updating some of my creditors at the time (I am able to provide evidence of hospitalization and other circumstances). I have not received any documents from court and only have the reference from my credit file. I wish to get a consent order from the claimant to set aside the CCJ with agreement to settle the payment and to provide court and the claimant additional reasons that I was not aware of the CCJ and did get a chance to respond to the claim on time.
Could someone please clarify few points for me,

I have come across some threads which explains a £100 fee for the consent order, is that paid to the courts?*
Do I need to fill up a N244 set aside form along with the consent form to send to court? (And the fee?)
Can you share a consent form template that I can use to draft a order for IDEM?

really appreciate your advice

[DanielsDad]

Hello NewPJ
I am sorry to read about your problem.* Suddenly discovering the Court Judgment must have been an unplesant surprise.* Firstly it appears that the Creditor hasn't pursued this matter to Enforcement Proceedings.* Therefore the easiest way to deal with this is to write to the Court which made the Judgment :* I assume it is the County Court?* Be concise in your letter and tell them precisely what has happened and about the health and hospitalisation issues. Also make a offer of repayment at a future date or by instalments.* Do ensure that the sum you offer by way of repayments is realistic as returning to the Court again and asking for a futher adjustment could be difficult.* You do not need a Consent Order.* The Creditor can refuse your offer of repayment but they would need very convincing grounds and I mean really convincing grounds.* Almost always the Creditor agrees to a repayment agreement which is turned into a Court Order.* Please don't worry.* If you any further advice or help let me know.* Best wishes* *Malcolm

[luxardo]

The claimant will never give consent to a set aside without receiving full payment. Put yourself in their shoes, why would they, what's in it for them ?
You can apply to have it set aside on the grounds you had no knowledge of the proceedings but as you have no defence of the claim it is unlikely to be granted.
This is because a set aside just rewinds the claim to the time it was first issued so the result would be the same if you have no defence.
I'd call the creditor, explain the situation and make an offer to repay by installments.
This is easier than applying for the order to be varied (as suggested above) and there are no fees or court appearances involved.

[NewPJ]

Thank you for all your advice. I would like to have the CCJ removed from my credit file and would like to have an agreement for that with the claimant. Thats why I wanted to apply for a consent order to set aside. So that I can settle the payment and explain why I couldnt respond to the court in time?

I thought its better to have it removed (explaining to the courts what happened) rather than it appearing on there as satisfied

I have got no paper work that was sent from courts, should I be requesting it from courts to be sent to my current address?


Any advice please?

[NewPJ]

Can anyone advice me please with regard to my last msg

[DanielsDad]

You cannot have the Judgment removed from your credit file until it is paid.* It will remain on your file for the first 30 days.* Ordinarily Judgements can only be removed if they are registered before you have had an opportunity to file a defence (this is rare). If you don;t have the correct paperwork which shows the claim number the court will have difficulty in tracing your case (everything is numerically filed).* Your best choice is to get a copy of your credit file (it only costs a few pounds).* This will tell the Court name, locatiion and claim number.* Was my previous advice of any use?

[NewPJ]

If I agree to make the full payment with the claimant, and explain the reasons as to why I could not respond to the CCJ on time, will it be possible to get a consent order to get* the CCJ set aside?
I have got the Case reference number from my credit file and know which County Court it is at. Should I request them to send the paperwork to my current address?

[luxardo]

If you have the means to settle the claim then apply to have it set aside on the grounds you had no knowledge of it. If granted it will rewind to the point of service at which point it will be granted again as you have no defence. Once granted again pay it off within 30 days and it will disappear.

[NewPJ]

Hi everyone,
I applied to get the CCJ set aside on the 22nd of Jan, and I sent an application for help with court fees along with my application. They have refused my 'help with court fees' application and sent my bundle back to my old address which I have not lived since 2018 Aug and this is the reason why I applied for the set aside in the first place as I did not receive the documents.

When I applied for the set aside I sent all my personal records as evidence such as council tax bills and family medical records which were confidential documents. And I have no way of getting them back.

They have sent the documents back to the old address on the 24th of Jan. I have tried to contact Edmonton court over the phone many times during the last two weeks and couldnt get through to them. After sending 2 followup emails they sent me a response yesterday saying my application was returned on the 24th. (my application set and personal statement had my new address)

What should I do about this?

Please advice

Many Thanks

[NewPJ]

can anyone advice me pls.
many thanks