Need help with N244 / consent order / set aside

[Fuzzy123]

Received a CCJ 3 years ago.* The claimant seems open to signing a consent order, so I drafted a consent order from a template for them to review.

But now the claimant want to know on what grounds I will be relying on for having the Judgement set aside.* I was under the impression that I didn't need grounds if both parties have agreed to a set-aside?* However I can use the grounds that the CCJ was sent to the wrong address, and use supporting evidence from the Council to prove I wasn't living at that address at the time of the CJJ.* Only thing is, I was under the impression that there is a greater chance the County Court Judge will* throw the consent order out if I try to defend it merely on those grounds?* I.e. it's better not to attempt to defend at all rather than defend it solely on the grounds I wasn't living there?* (And also several months have passed now since I was aware of the CCJ).

Okay, so let's say I do defend it on the grounds that I wasn't at the address that the proceedings were served, could someone check I am essentially filling in the N244 correctly?



3.What order are you asking the court to make and why?

A consent order to set aside a judgement against me because I wasn't living at the address the proceedings were served, and therefore I had no knowledge of the CCJ.

5.How do you want to have this application dealt with?

No hearing

8.What level of Judge does your hearing need?

???

9. Who should be served with this application?

???

10.What information will you be relying on, in support of your application?

The evidence set out below

I've attached supporting evidence from x county council which state I moved out of the address the proceeding were served 2 years prior to the judgement against me.* And I've attached a letter from y county council supporting the fact that at the time of the proceedings I was residing at [insert address]



Can someone let me know what they think?* Could do with help for the questions above or any other advice is welcome.

Really appreciate this!

[jaguarsuk]

Received a CCJ 3 years ago. The claimant seems open to signing a consent order, so I drafted a consent order from a template for them to review.

But now the claimant want to know on what grounds I will be relying on for having the Judgement set aside. I was under the impression that I didn't need grounds if both parties have agreed to a set-aside? However I can use the grounds that the CCJ was sent to the wrong address, and use supporting evidence from the Council to prove I wasn't living at that address at the time of the CJJ. Only thing is, I was under the impression that there is a greater chance the County Court Judge will throw the consent order out if I try to defend it merely on those grounds? I.e. it's better not to attempt to defend at all rather than defend it solely on the grounds I wasn't living there? (And also several months have passed now since I was aware of the CCJ).

Reply to them that service of the claim form N1 was deficient due to it being served at the wrong address and that you intend to apply for set aside pursuant to CPR 13.2 & 13.3.

Okay, so let's say I do defend it on the grounds that I wasn't at the address that the proceedings were served, could someone check I am essentially filling in the N244 correctly?

You are not defending anything at this stage, you are applying to remove the judgement and reset the claim to the point that you should have received the claim form. You should be given 14 days to file a defence if you are successful in setting aside the judgement, so you will then ask the claimant to evidence their claim via a CCA Request and their solicitors for supporting evidence via a CPR 31.14 request.

We'll cross those bridges when you come to them, but with that said if you know who the original creditor (if the claimant isn't the original creditor) is you would be wise to now send them a Subject Access Request Letter to see what evidence the claimant might be able to get from them.

3.What order are you asking the court to make and why?

A consent order to set aside a judgement against me because I wasn't living at the address the proceedings were served, and therefore I had no knowledge of the CCJ.

5.How do you want to have this application dealt with?

No hearing

8.What level of Judge does your hearing need?

???

9. Who should be served with this application?

???

10.What information will you be relying on, in support of your application?

The evidence set out below

I've attached supporting evidence from x county council which state I moved out of the address the proceeding were served 2 years prior to the judgement against me. And I've attached a letter from y county council supporting the fact that at the time of the proceedings I was residing at [insert address]



Can someone let me know what they think? Could do with help for the questions above or any other advice is welcome.

Really appreciate this!

3. An order pursuant to CPR 13.2 & 13.3 to set aside the judgement dated XX/XX/20XX by consent.

5. Without Hearing

8. District Judge

9. The Claimant

10. Enclosed consent order between the parties and exhibit A showing the address of residence of the Defendant on or around the time the claim was issued showing service of the claim form was deficient.

[Fuzzy123]

Thanks, that's really helpful, just what I needed.* You guys are AMAZING!!
*

[Amethyst]

There is some guidance here*Set Aside Application as well

[Fuzzy123]

Finally got the claimant to sign the consent order to set aside my CCJ (after months of them dragging their heels), the court received the documents on the 27th July, and it looks like they've agreed to the set aside. Well it's not 100% clear from their letter, which I've attached, but I think they've agreed to the terms in the consent order from the looks of things.

So it looks like success I think. I've paid the claimant the settled amount today.

I just have one final question, do I need to do anything further, like contact the court to let them know it is settled, or will my CCJ be automatically taken off the records now?

Thanks guys, couldn't have done this without you!

[jaguarsuk]

It basically says whatever is in the consent order is now the order of the court.

the CCJ will be set aside and removed from your credit file.