CCJ - Template for getting consent order

[Guest]

Hello,

I have been searching all day in an attempt to find some clear guidance and possibly a template letter that I can send to a claimant in an attempt to try and get their consent to set aside a CCJ - but I seem to be going round in circles. Does anyone have a template? Or alternatively, what do I need to include in the letter to the claimant?

Thanks in advance,
DD83

[DD83]

Any help would be greatly appreciated

[DD83]

As I have had no replies, I have drafted this:

Dear XXXXX

I am writing in reference to the above invoices and county court claims made against myself, Mr. X and my partner Miss. X. As you may recall, XXXX represented us in October 2018 at a disciplinary hearing on behalf of XXXXX

Following our hearing, we lodged a complaint as we felt we had received a less that satisfactory service. During your investigation, there was an unavoidable delay on our side, in retrieving some crucial evidence (a recording of the disciplinary hearing) which would further substantiate our claim that we had received poor representation and therefore had a genuine reason to challenge the outstanding invoice. Our understanding at this stage was that you would review your decision once you had the outstanding evidence.

On the 22^nd February 2019, we were deeply upset when we became aware that you had filed a county court judgement against us both. It was our understanding that when the new evidence was available it would be reviewed and we would come to an amicable agreement with regard to the outstanding balance.

As a result, we will now be making an application for the order to be set aside. The Civil Procedure Rules, Part 13 states:

The court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

Our solicitors have advised us that we have a very good chance of successfully defending the claim on a number of grounds:

• Non-receipt of claim - we did not become aware of the judgement until February 2019 and as a result we did not have the opportunity to defend the claim.
• You have already accepted liability by reducing the initial invoice amount in your letter dated 23^rd October 2018, thus given credence to our belief that the representation we received was in fact, less that satisfactory.
• The investigation into our complaint was incomplete as further evidence was pending, thus the action by Castle Associates to serve a judgement against us was both immoral, unethical and with out principle.

We are also reliably informed, that where a claimant knows that the defendant has a real prospect of successfully defending the claim, then the claimant should not, as a general rule, request judgment in default. If he does so, then he faces a possible costs sanction as a result.
With this in mind, we are now requesting that you give consent for the judgement to be set aside on terms stipulated below:

• XXXX (The organisation) to draft a consent order
• XXX to cover all court fees/charges
• A payment of £350.00 to be made to Castle Associates for the services received in October 2018 upon receipt of agreeable consent order

I look forward to hearing your response within seven days. If no response if received in this time, I will submit an application to the court for the order to be set aside.