Setting aside a CCJ I was unaware of

[monparis]

Hi there

My partner and I recently applied for an agreement in principle for a mortgage, when it came back as declined due to an unsatisfied CCJ. Absolutely mortified as we have never been declined credit, and working as a nurse and engineer, we did not think that would ever be the case.
Upon realising as CCJ may be active on my name, I subscribed to Experian to see where it was coming from. Despite all my info and addresses being up to date on Experian, it was not showing on my credit report, or affecting my score. I then rang Experian who said that it is there however, 'in the background'. They informed the CCJ was registered July 2018 and is applied to the address of Flat 2, when I lived in Flat 1.
I was given the case number and phoned Northampton County Court to find out who the claimant is. UK Car Park Management Ltd is the claimant, and they instructed a parking fine in May 2017. However I left the property in which correspondence is registered/addressed to in 2016. Therefore was none the wiser of how far the situation was going.
In addition, I am baffled as to how they found my details for this address as my DVLA V5 information has not been registered at this address. The only DVLA information in which they could have seen is where my driving licence was registered. It was registered at Flat 1, however I had applied for the licence to be updated to my new address in March 2017, therefore before the fine was issued.
I had spoken to a solicitor who has advised they may have got that address from my Experian however, I had only recently applied.

I have read countless forums and made many phone calls and still remain slightly confused -

I am happy to pay the proposed fine of £271 however would like the CCJ set aside. Please may somebody clarify the process of a consent order and what this means? And if the consent is gained, what I need to do? And if not consented, if I can still file a set aside form?

When writing the consent order, do I specify on that why I feel I have been unfairly judged? Or just to write the T's & C's of consent?

Does anybody feel I have a strong case?

Really appreciate any help! Im desperate!!!

[ostell]

If you are on the electoral role they xan find you

[monparis]

I was not on the electoral role at this address

[R0b]

Suggest you have a read of the guide below and then if you still have questions we can answer them.

https://legalbeagles.info/forums/for...tailed-version

[monparis]

Thank you.

May I ask, when submitting consent order, do I just submit the order stating the terms? Or do I also provide the reasons why I feel it should be set aside? For example, wrong address etc? Or would that that be attached when submitting the N244

[R0b]

If you do a search on the forum for consent order, there are examples of ones you can use to set aside. You wouldn't explain the reasons in the consent order, it's a set of terms agreed that the court turns into a formal order.

[monparis]

Thank you - Am I more likely to have consent order signed if I agree to pay the £255 for N244?

If consent is signed on the terms if I pay the judgement, its agreed to set aside, do I pay the judgement to the court? whilst applying for the N244

[R0b]

The cost of an application for a consent order is currently £155, it's only £255 if you can't get consent. Reality is that the claimant company will probably want you to pay the charges in addition to the application fee assuming you want the whole thing to be dismissed. You can't force the claimant to agree to a consent order so you need to decide rather promptly whether you want to pay the £255 and take the risk at court or send in a consent order on the terms agreed.

The terms of consent for payment should be within X days from the date of the court sealing the order i.e. rubber stamping the consent order, otherwise yes in theory you would need to pay within X days of the consent order being signed.

[monparis]

Please may you review my consent order which I hope to send today. I am happy to pay the court application fee, and the claim fee however I do not want to incur further charges, if there can be any. Is there anything I can add to state that I do not want to incur additional fees?

Thank you!







IN THE NORTHAMPTON COUNTY COURT Claim No. XXXXXXX


BETWEEN:
XXXXXXXX Claimant
– and –
XXXXXXXX Defendant
_________________________________
CONSENT ORDER
_________________________________

Before an Officer to the Court

UPON the Claimant and the Defendant having agreed the terms of this order;
AND UPON reading the defendant’s application dated 19/02/2021;
AND UPON the Defendant having paid the claim in full;
It is ordered by consent that:

1. The judgment dated 13/07/2018 be set aside.

1. The Defendant shall file and serve its Defence by 4pm on 25/02/2021.

1. The Defendant shall settle the County Court Judgement claim to the sum of £271.49 within 14 days of the date of the court sealing the order.

1. The claim be dismissed; and

5. The Claimant has permission to file and serve a reply if so required.


Signed: …………………….
Date: …………………….