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CCJ Consent Order Help Please

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  • CCJ Consent Order Help Please

    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.
    Tags: None

  • #2
    Try this one attached that I did a few days ago for someone else on here, look at paragraph 2.
    Attached Files
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      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

      Comment


      • #4
        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.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          Thanks Rob.

          Last question I hope.

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

          Cheers

          Comment

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