CCJ set aside by consent - Upon payment

[Jo293]

Hi,
i have quite a complex judgement which i have already applied to have set aside by the court as it was sent to a wrong address. The court have delayed the hearing to give us an opportunity to sort it out between us.

i want to do a set aside by consent with the claimant. The claimant is an old friend. I wish to do a set aside by consent with 30 days to pay. The claimant is willing to set aside by consent.

please can anyone provide me with a template consent order with a clause of 30 days to pay?

thanks

[echat11]

Hi JO293

You could write out a Consent Order but because it has to go through the Courts, a solicitor will have to draft it out for you. I'm not sure a template will do be cause Consent Order's are specific on an individual basis. Rob might be able to help.

R0b

[jaguarsuk]

Have you paid the £255 fee for your application?

If you have not or the cheque has not been through the bank cancel it and withdraw the application.

File a new application with a letter of consent to set aside from the claimant on the basis of defective service of the claim form to a wrong address and a fee of £100 (lesser fee with consent). Do not mention that you are settling the debt as that may mean a judge refuses to set it aside as you are essentially admitting the judgement is correct if you agree to settle the debt.

If you have paid the £255 already, send the letter of consent in with an 'Additional Witness Statement' simply stating that since the application the claimant has agreed to set aside and cite the letter in the statement.

Once the judgement is set aside, then you submit a Tomlin Order and detail in the schedule how the matter will be settled, the Tomlin Order simply needs to read:

UPON the parties agreeing by consent, it is ordered that:

1. The claimant discontinued the claim.
2. Both parties agree to the terms of the schedule.
3. Parties bear their own costs.
4. Leave to apply.


You should have it filed at the court by a solicitor for sealing with a fee of £100 for the court, but I'd send it in with the fee and chances are that if it looks right they seal it then serve it on both parties.

If they do send it back saying a solicitor needs to file it then you'll have to find a solicitor to file it and pay their fee in addition to the court fee for doing so.

[rara2022]

Can I ask how this went? I am going through a similar situation myself.