Setting CCJ aside- judge has asked for amended order???

[Guest]

I am in the process of getting a CCJ set aside that was wrongly put in my name. The company have now transferred the debt to the correct person but I still have the CCJ. The claimant has provided me with confirmation that they do not contest that the CCJ be put aside. I have completed the N244 form and sent this along with a postal order payment and a copy of the claimants confirmation that they do not contest the CCJ being set aside. I have now received a letter from the court which says*
‘The legal adviser directs that; the order you seek does not conclude proceedings. Please submit an amended order which finalises proceedings by seeking dismissal or serve a discontinuance notice. If the case is to be pursued please provide further case management instructions’ please help I don’t know what any of this means and what to do next!!!

[R0b]

Hi,

a written confirmation is not a valid method of getting the judgment set aside. You need to provide a consent order to the court and the terms would need to include the CCJ being set aside and the claim dismissed.*

like the court says, setting aside the CCJ does not end legal proceedings it just goes back to the position where you file a defence.

[Chloe1235]

Hi rob, thank you fo the reply. Sorry I have just checked the document from the claimant and it is a ‘consent order’ to say that they do not contest the CCJ be put aside, not just a written statement. I’m not sure what to do from here?*

[R0b]

Think we need to see that consent order. If you go back to what you said in your first post, the court is asking you to submit a new consent order that says the claim is dismissed, or get the claimants to serve a discontinuance to the court.

Like I said, setting aside the CCJ doesnt actually end legal proceedings. So if you want to end them, those are your two options.

Easiest way of doing this is way is to amend the consent order so that it says somewhere in the order "The claim is dismissed" and go back to the claimant saying the court has asked for a revised order to include reference to dismissing the case.

Have them sign it and re-submit to the court.

[Chloe1235]

I have attached the consent order. I understand what is being asked now. I am going to ring the claimant and ask that they amend the order or tell the court that they are discontinuing the claim. When I get the amended order would I submit the N244 form again or just send the order with a letter maybe? Thank you.*

[R0b]

The second sentence should read "The claim is dismissed." otherwise the claimant will need to file with the court a notice of discontinuance and that will take longer to process.

Re-serve the new Consent Order along with your application.

[Chloe1235]

Hi again, we wrote to the claimant who have now come back with the attached email. Do you have any advise on what we would do now? The court have already seen the consent order that they previously did and have asked for it to be amended which they seem to be refusing?

[Chloe1235]

Also, can anyone recommend a solicitor that may be able to get this sorted if we continue to have no luck ourselves?

[pt2537]

Hi there.

I fail to see why this is causing so much difficulty. The consent order should be straight forward and should be easy to draft. It seems to me the other side arent helping much either.

Can I double check who drafted the consent order and also is the other side represented by solicitors?

[Chloe1235]

Hi, yes we can’t understand why it is such a big problem either. They have already provided one consent order which the court have asked to be amended and now they are basically refusing to do so for some unknown reason. We really don’t know what to do from here. I have emailed again today to ask if they can clarify why they are refusing to amend the order. The consent order is signed off by the ‘head of legal services’ for the company. I am not aware that they are represented by a solicitor we have always spoke directly to the company (claimant) by phone call and emails.

[pt2537]

So they accept they sued the wrong person and that ended up with you wrongly getting a CCJ

If that's the case I think you may have a good shout at setting aside the judgment in court if the other side refuse to play ball.

The order they produced clearly isnt drafted as good as it should have been
ROB is right that the claim should be dismissed as part.of the order.

[R0b]

Personally I would stop faffing about and tell them the order is not a valid one and that it is necessary for the claim to be dismissed.

If they dont agree to sign the amended version then if I was in your position, I would put them on notice that you will make a full application to set aside with a request for summary judgment and you'll be asking the judge for costs on an indemnity basis because of their poor and unreasonable conduct.*

Give them until Friday and then get that application off on Monday if no joy.

[pt2537]

Personally I would stop faffing about and tell them the order is not a valid one and that it is necessary for the claim to be dismissed.

If they dont agree to sign the amended version then if I was in your position, I would put them on notice that you will make a full application to set aside with a request for summary judgment and you'll be asking the judge for costs on an indemnity basis because of their poor and unreasonable conduct.

Give them until Friday and then get that application off on Monday if no joy.

Bang on the button mate. Theres no way they could hope to sustain this judgment if we are right and theyve sued the wrong person, especially if they accept that is the case. They would have had to make an application to substitute the Defendant or abandon this claim and start again, either way they lose.

[Chloe1235]

Hi all, this is the reply received today when I asked them to clarify why they are refusing to amend the order. I understand that this is my own application to the court but they haven’t only provided us with a form to fill out they have provided a consent order??? I feel like I’m talking to a brick wall. What would I reply now, they are just being so awkward!

[Chloe1235]

Hi all, this is the reply received today when I asked them to clarify why they are refusing to amend the order. I understand that this is my own application to the court but they haven’t only provided us with a form to fill out they have provided a consent order??? I feel like I’m talking to a brick wall. What would I reply now, they are just being so awkward!