CCJ Consent order help needed

[jessh95]

Hello

I received an update on consent order which states my application has been deferred and they have said to provide reasons as to why the judgement should be set aside as the court has to consider this under CPR13.3. They have put there needs to be a real prospect of successful defense or some other good reason to enable the court to exercise its discretion. Stating to liaise with the other party to amend the draft of the consent/Tomlin order with any additional information/evidence.

The reason I want it to be set aside is because I was unaware of the CCJ and never received any court forms or any awareness due to it going to an old address. I found out when I checked my credit score. I did send proof of my address to the claimant do you think I can use this as evidence? My address was updated on the electoral etc at the time they sent everything.

Any advice?

Thanks

[Celestine]

Hi - did you read our guide on setting aside a CCJ? https://legalbeagles.info/library/ho...-judgment-ccj/

Yes, you can use the fact that it was sent to the wrong address, that you had updated them of the correct address, but you also need to be able to explain briefly how you would have defended the claim had you received it. For example, you have not received a response to a CCA request, or that it is time barred (Last payment/expired default notice +6yrs ago).

[jessh95]

Hi

Yes, I have read the guide and the debt was from 2014 so it has been 6 years. The claimant filed the consent/Tomlin order with the court so am I able to provide them with a witness statement or draft defense along with the amended order to support my reason.

Thanks

[Celestine]

The account defaulted in 2014? Do you still have the default notice?

[jessh95]

No I don't have anything I just know from my credit score that as it has been 6 years the default has now been removed from my credit file

[Celestine]

OK, that makes things somewhat easier. If we assume the debt was time barred (6 yrs since expiry of default notice) then that is an absolute defence to the claim. If you follow the guide i linked you to earlier, you can draft your application based on the claim being sent to incorrect address and that the debt was time barred at the time of the issue of claim. It will be up to the creditor to prove that the debt is not time barred.