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Recieved consent order to set aside a ccj

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  • Recieved consent order to set aside a ccj

    Hi all,
    I applied to set aside a ccj and recieved an email from the claimant that they agree to set aside the judgement on the basis that each side bares its own costs. Should I fill in the consent form or do i have chance to negotiate a better deal?
    If i sign the consent form do i have to wait to receive a letter from the court before serving a fully pleaded defence? Or can I do it straight away?
    i would really appreciate if someone could point me to the right direction - i have been suffering from this ccj for years now.
    I was a victim of fraud and my bank was overdrawn by £10 ....recieved a letter from the bank asking me to visit a branch and to also to bring a utlitly bill....they were charging me £5 a day for the unauthorised overdraft. As i was 18 or 19 years old at that time and living with parents, i didnt have a utility bill under my name and the bank staff refused to talk to me unless i brought a utility bill so i iust ignored them and the £10 overdraft is now £900....i was travelling abroad in 2014 when I got the CCJ without knowing...i found out that i have a ccj in 2016.
    The CCJ was due to disappear in june 2020 from my credit file and the claimant got a court order to collect the debt by using bailiffs etc
    I filled in a form to set the judgment aside and have a hearing on 2nd of March - recieved the attached email and consent form from the claimant a couple of days ago and not really sure how to respond.*
    Attached Files
    Tags: None

  • #2
    Anyone?

    Comment


    • #3
      I would agree to that consent order as it seems reasonable.

      I wouldn't file a defence until ordered though because your defence if as described above is an admission of guilt.

      You need to get a copy of the Particulars of Claim (which you can ask them for when returning this), then we'll be able to advise what your next steps are from reading those.
      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

      Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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      • #4
        Hello Jaguarsuk,

        Many thanks for your help. I signed the consent form and recieved the attached Particulars of Claim from the claimant. The judgement has now been set aside.
        On the Particulars of Claims it states that i owe money due to an overdraft facility provided to me...i used to have an overdraft facility on this bank account but once I took a bit longer to pay it off....so when i paid my overdraft in full...halifax withdrew the overdraft facility from my account...so I did not have an overdraft facility so there was no agreement.
        I was a victim of fraud so my account went £10 or £15 unauthorised overdraft and they started charging me £5 a day and wouldnt let me pay it off until i provided a utility bill.
        When I found out about the CCJ in 2016, I reported the fraud to the police and also to action fraud...if I request copies of these reports and submit to court...do you think it will help my case? Should i start working on writing a fully pleaded defence?

        Many thanks

        Comment


        • #5
          Sorry forgot to attach
          Attached Files

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          • #6
            Yes, your defence is that you had no authorised overdraft, you were a victim of fraud and that you do not owe the monies claimed.
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment

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