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

[R0b]

They're absolutely clueless, but we've already said what you need to do so it's up to you whether you want to do that or sit in limbo. A simple response like the below should be sufficient.

Dear X,

With respect, you do not seem to understand what I am asking for.

You wrongly issued legal proceedings against me and subsequently obtained a default judgment, which you have explicitly acknowledged that it was done in error as I am not the correct defendant. We both agreed to set aside the default judgment by way of a Consent Order but the court rejected it because the Consent Order did not state that the claim was to be dismissed. Therefore, a fresh Consent Order needs to be signed in the form attached and submitted to the Court before it will be approved and the default judgment set aside.

I am therefore putting you on notice that unless you agree and sign the attached Consent Order by 4pm on Friday 28 February 2020, I will (1) issue an application to set aside the default judgment and (2) seek summary judgment on the basis that the claim against me was should not have occurred. Furthermore, I will be asking to court to make a costs order against you on an indemnity basis due to your blatant conduct which has been wholly unreasonable in refusing to consent to the setting aside and dismissal of claim despite the circumstances menitoned above.

I will not be entering into any further discussions as there is nothing further to say and I would strongly advise you to forward this email to your legal team to consider the consequences of failing to comply.

You can use the attached Consent Order to attach to your email but make sure to complete the information. Obviously if they don't reply or reject the Consent Order then you need to spend the weekend drafting your application - which I am sure we can assist you with but one step at a time.

[Chloe1235]

Thank you for providing the wording rob! Email sent. Let’s see what they come back with this time. Thank you again.

[Chloe1235]

They have replied! Sounds very positive however can’t seem to understand why it took them so long to get to this point! Would we just leave them to it now or would we upd

[Chloe1235]

They have replied! Sounds very positive however can’t seem to understand why it took them so long to get to this point! Would we just leave them to it now or would we update the court etc? We wouldn’t have had to have paid the original £100 to the court if the claimant had just agreed to do this from day one!

[R0b]

Did you sign it before you sent it over to them?

[Chloe1235]

It want signed. It was all filled in though with the relevant details. My name and address were at the bottom etc but Was going to sign it when they had returned it and it was ready to be printed and sent to the court.

[Chloe1235]

Wasn’t*

[R0b]

Here's the thing, they are controlling your claim and application. Personally, if I have a claim against someone I will absolutely not let them manage the claim as they see fit. It dangerous and you are relying on them to do the right thing all the while the courts expect applications for setting aside judgments to be made promptly.

It's not clear why they are making the application via a draft order rather than a Consent Order, but you've already incurred presumably the £100 which really should be paid back to you by them because it was their error (I assume you didn't change the wording of the template to reflect this?).

Anyway, personally I would be writing back to them and saying that you do not accept their proposal, you've already incurred £100 for the application which they ought to be paying back to you for their error and so there doesn't need to be a further application by them, only for them to return the Consent Order signed. I would just repeat what you said that they have until 4pm today to send that Consent Order back or you will issue a full application to set aside with costs on an indemnity basis.

Alternatively, you can let them control the application and the draft order, that is up to you. The fact that they got it wrong the first time wouldn't fill me with confidence they will get it right this time, and if it goes side ways again, I will have zero sympathy because you allowed them.

I'm not suggesting for one moment that the judgment won't get aside when they make the application but I just don't see why you would want to pass it off to someone else who hasn't even said when the application will be submitted. For all they know, that application might not get off to court until 2 weeks time.

[Chloe1235]

We responded this morning to say we do not accept their proposal and that we would give them till 4pm today to return the signed consent order. They took right up until 4pm and replied with the attached??? I don’t even know what they’re talking about anymore, the reason is they put the judgement in the wrong persons name and they know this??