CCJ filed via an address I have never lived at

[MIKE770]

in that case this probably their last attempt to get you to cave in - seen this many times by them, they are restricted in time to discontinue in order to get their fees back,

[pt2537]

Hi all,

The hearing is tomorrow, and it looks as if I have a gun to my head to sign a claimant consent document I received via email just now, to sign before 12:00 today. Saying “for all parties to save time and cost”. Please see the terms and advice. Thank you in advance.

1, The hearing listed to be heard on 29 September 2020 be vacated
2, The Judgement obtained on 10 April 2020 be set-aside and registration removed
3, The Defendant, do file and serve a fully particularised Defence within 28 days of the date of the Order
4, The Claimant, (if so advised), do provide a response to the Defence and
5, There be no Order as to cost

If you need documents then seek an amendment to their order. Add a paragraph to say they must provided you with whatever you need within 14 days and then you have 28 days thereafter to lodge a defence.

I dont see any issues with that, it makes sense to agree terms where you can

[MIKE770]

duplicate

[Micky10]

If you need documents then seek an amendment to their order. Add a paragraph to say they must provided you with whatever you need within 14 days and then you have 28 days thereafter to lodge a defence.

I dont see any issues with that, it makes sense to agree terms where you can

I have until 12:00 today (1 hour) to agree to their terms, can I ignore their email and also not sign the Consent Order terms and let the Judge make a decision tomorrow. Thank you in advance.

[pt2537]

I have until 12:00 today (1 hour) to agree to their terms, can I ignore their email and also not sign the Consent Order terms and let the Judge make a decision tomorrow. Thank you in advance.

Nope i wouldnt it s a dangerous thing to do,. id look at discussing with them the option of agreeing terms wit hthem to avoid the hearing

[Micky10]

If you need documents then seek an amendment to their order. Add a paragraph to say they must provided you with whatever you need within 14 days and then you have 28 days thereafter to lodge a defence.

I dont see any issues with that, it makes sense to agree terms where you can

Thank you

[Micky10]

in that case this probably their last attempt to get you to cave in - seen this many times by them, they are restricted in time to discontinue in order to get their fees back,

Thank you

[Micky10]

I have responded by seeking an amendment to the consent order; requesting the Claimant to state they will be sending the CCA (which I previously requested from them 5 weeks ago) to me within 14 days. They are yet to come back. The Hearing is tomorrow

[Micky10]

Many thanks all, much appreciated.

The set aside part of my case has been successful.

Circling back to yesterday…. I requested an amendment to the Claimant’s Consent Order, asking them to include that ‘they will send me the CCA within 14 days’. I heard nothing back so obviously couldn’t sign it. Today during the hearing, they mentioned to the Judge that I had not agree to it. I explained to the Judge why it had not been possible for me to have signed the consent order (i.e. they disregarded my amendment).

Anyone knows how CPR PD16 para 7.3 could impact my case and what I should expect going forward please? Thanking you in advance.

Below is the draft directions by the Judge:

It is ordered that,

1. The Judgment dated 10 April 2020 is set aside and the registration entry be and hereby is cancelled.
2. The Claimant do file at Court and send to the Defendant fully particularised amended Particulars of Claim to comply with CPR PD16 para 7.3 by X p.m. on XX October 2020.
3. The Defendant do file at Court and send to the Claimant a fully particularised Defence by X p.m. on XX November 2020.
4. The Claimant may (if so advised) file and serve a Reply to Defence by X p.m. on XX December 2020.
5. Upon receipt of any Reply to Defence but in any event on or after XX December 2020 the Court shall issue Directions Questionnaires to both Parties to complete.
6. No order as to costs.

[Micky10]

pt2537 Could you please let me know your thoughts on this. Thank you in advance.

[Micky10]

Hi everyone,

Thank you all for your support.
I got the below email and the attached CONSENT ORDER from the claimant today.

“In an effort to save further time and costs for all parties, the Claimant have agreed to discontinued its Claim against you.
Please therefore sign and return the attached so I may lodge the same with the Court and bring matters to a close.”

Could you please advice if by signing the attached will definitely close the case and there will be no claim from the claimant in future? Thank you in advance.

[R0b]

It would yes, but the court cannot order a party to discontinue the claim, rather they would need to file a notice of discontinuance.

The reason why they are asking for a consent order is because if they file a notice of discontinuance then they will be liable to pay you costs. I also presume they haven't bothered to file a detailed particulars of claim as required from the previous order of the court.

If I was in your shoes, I would be telling them that the Consent Order is invalid as a court cannot order a party to discontinue a claim, and they should instead file a notice of discontinuance. You could otherwise sign the consent order but don't be surprised if it gets sent back to the claimant telling them it is not a valid order that the court can make.

[ostell]

And what happens to your £255 ?

[Micky10]

It would yes, but the court cannot order a party to discontinue the claim, rather they would need to file a notice of discontinuance.

The reason why they are asking for a consent order is because if they file a notice of discontinuance then they will be liable to pay you costs. I also presume they haven't bothered to file a detailed particulars of claim as required from the previous order of the court.

If I was in your shoes, I would be telling them that the Consent Order is invalid as a court cannot order a party to discontinue a claim, and they should instead file a notice of discontinuance. You could otherwise sign the consent order but don't be surprised if it gets sent back to the claimant telling them it is not a valid order that the court can make.

Thank you very much for your response Rob.

[Micky10]

And what happens to your £255 ?

I have no idea what will happen to my £255. My main concern was the CCJ coming of my credit file, which the judge said the CCJ will come off my credit file in 2 weeks’ time.