CCJ Consent Order Help Please

[LSR7120]

Hi, this is my first time posting.

The other day i checked my credit report and i have come accross a CCJ that was issued late in 2017. I tracked it down to Moriarty Law / MMF and gave them a call.

It appears that this was issued when i temporarily moved out to live with family as my relationship with my ex at the time was toxic and had broken down. A big part of the breakdown was to do with money handling etc.

I moved back into my home late 2018, after she had left.

The day after finding out about the CCJ last week, I spoke with Moriarty Law and discussed my situation at the time of claim. Also the contact email they had registered for me was not mine it was my ex partners.

i searched online and found posts about consent orders.

I sent them a consent order last week and they have responded with the following.

"Our client will accept the sum of £506.99 in full and final settlement.

In this regard we would request that any proposed Consent Order that Sets Aside the Judgment will include a term referencing paying of the above settlement."

The wording that I had used in the consent order is below.


UPON the application of the Defendant to set aside a default judgment dated 30/10/2017.

AND UPON the Claimant and the Defendant having reached a settlement by consent.

BY CONSENT IT IS ORDERED THAT:-

1. The default judgment entered on 30/10/2017 be set aside [Claim Ref].

2. The Claim is dismissed.

3. There be no order as to costs.


Can anyone help with this. Is there anything wrong with my wording and should I add their line into the order.

Thanks in advance for any advice.

[R0b]

Try this one attached that I did a few days ago for someone else on here, look at paragraph 2.

[LSR7120]

Hi Rob, many thanks for the quick response.

I will make the changes and send off ASAP.

Any ideas on the success rate for my situation.

Also, will i have to explain my reason for setting aside on my N244 application form.

Thanks Again

[R0b]

The final decision always left with a judge so there is a small risk but consent orders are usually approved unless you are one of the lucky ones having to explain to a judge.

In Q3 all you set to say is briefly that this is an application to set aside a default judgment, and the parties have agreed by way of consent to set aside said judgment on terms set out in the consent order attached. You'll need to enclose the signed consent order with the application, nothing else is needed and make sure that you tick the option to deal without a hearing.

[LSR7120]

Thanks Rob.

Last question I hope.

Which court do i send the N244 and Consent Order to?

Cheers

[LSR7120]

Hi Rob,

Ive had a response from the court as attached. Any advice with a format to reply.

Thanks

[R0b]

What was the final version of the consent order that was submitted to the court?

[LSR7120]

Hi Rob,

There were two consent orders for two different creditors. For this response the consent order as sent is below.

[LSR7120]

Hi Rob

Any advice with this one.

[R0b]

Hmm, looks like the court are querying why you should have the CCJ set aside - looks like they're maybe cottoning on to people trying to get out of a CCJ. As I mentioned, it is the court's discretion so no guarantee.

I think what you need to do is edit the signature block as per below and go back to Moriarty/MMF and say the court has asked for the Consent Order to include the name and authority signing the Order, so can they sign and return it.

.......................
Signed

.......................
Name

.......................
Date

As for the explanation, well you will need to explain the purpose as to why it should be set aside. Perhaps you can argue a couple of points:

1. The claim form was served to your old address and, contrary to CPR 6.9, the claimant did not take reasonable steps to ascertain your last known address. As such the time for acknowledging and/or filing a defence did not expire, therefore by entering judgment by default the judgment was irregular and should be set aside pursuant to CPR 13.2.

2. Alternatively, you did not receive the claim form and had no opportunity to defend the claim or did not otherwise enable to you reach a compromise so as to avoid a CCJ. You can refer to the case of Godwin v Swindon Borough Council [2001] EWCA Civ 1478 (para. 49) which says that it is a good enough reason to set aside where you were not aware of the claim.

3. If you have a reasonable prospect of defence you should mention this but I don't know since this hasn't been addressed.

[LSR7120]

Hi Rob,

Ive had another response from the court for the other consent order. Details of the court response and consent order sent below.

[LSR7120]

Rob, can you advise on the last post please.

[R0b]

You need to go back to Moriarty Law and explain this to them, send a copy of what you've been given.