CCJ letter of consent /consent order agreement HELP to claimant

[Lanoomanoo]

Hello I wonder if someone can help as it seems the example letter of consent on the forum link isn't working

I have been going back.amd forth with an awful solicitor from.gladstones in order to agree to.a consent order to agree to remove a CCJ against me (I need to get a mortgage and this has scuppered me). Long story short I wasn't driving my vehicle at the time and provided full details of the driver and the address to their claimant who.clearly didn't follow it up or take any steps to contact the driver. I even advised that I would pay the full debt and the cost of the consent order application in order to resolve and the solicitor just flatly refused . I now feel I need to get in touch with the claimant directly if possible and give them the option as I am so desperate to have sorted . Can someone helpmwuth any advice

[R0b]

Hello

You can't force the claimant to agree to a consent order and set aside application. You should also not be attempting to contact the claimant directly if they are legally represented and their lawyers speak for them, so their actions are the claimant's actions.

As much as you might want to get this done as soon as possible, your best option is to make an application to set aside the default judgment. That will force them to respond and, in some instances, only then will they agree to consent to set aside but normally at your expense.

However, if you have evidence to show you notified them that you were not the driver and supplied details of who was driving which they ignored, then you may want to consider not only asking the claim to be set aside but also asking the court to file a counterclaim for any losses and damage to your reputation.

Of course, if your sole intention is to simply make this go away then you don't need to go down the counterclaim path but at the same time, even if you agree a consent order at your expense, don't expect the court to get back to you within a few days, expect several weeks if not longer for it to be approved and even then it's not guaranteed.

If you want to dither around trying to contact the claimant directly, that's your prerogative but I would advise against it as you will find that they just refer you back to Gladstones so you will be wasting your time.

[Lanoomanoo]

Hello Rob thank you so much for your reply .

I don't want to contact the claimant direct and most definitely not my prerogative the only reason for this is because I just couldn't see that Gladstones were acting in their best interests as surely me offering to pay any debt/ court fees would be the best resolution for them

So abit more background is that the person who drove my car didn't even park in a car park . So peculiar as he only got out the car and stopped on the side as there was something in the road that he wanted to move . So the notice was in relation to stopping in an area/road he apparently wasn't suppose to stop in . Further there was no idea whatsoever of where this was as nothing was stated on their initial letter that attached vague images of a male standing in the road with the car on the left parked next to him. Please note that I am the registered keeper and a female where the driver was a male.

I sent the form back in November 2021 and heard nothing else and just assumed they had followed it up with him.

I was having my door changed and there were a few issues with it so literally I was doorless for a while . I have never received any correspondence from anyone after that until I was given a letter by a neighbour that has been delivered to her advising that a CCJ would be issued against me if I didn't pay the debt.

This is when I emailed Gladstones it was May 2022 and I reiterated that I had sent everything to their client and assumed they had followed it up I did not receive anything back from Gladstones until August the 9th advising me that their claimant hadn't received anything about the person driving the vehicle and as a result it would be passed to the external enforcement for collection.

I had no idea that the CCJ had even been registered against me and that this was in March 2022 . The whole thing started in November and a judgement against me in March with nothing received in between.

I really need some guidance as this is really going to have a negative impact on me moving forward with my life . As a single mother I have 2 small children and was looking into entering back into employment in the legal field (as I studied and have a law degree) . But this will really prevent me or make it impossible.

I have informed the other side on the impact of this CCJ and that I was not the driver but they are just not helpful or Interested in any way.

[atticus]

If the claimant is not persuaded by your arguments, then you may apply to set aside, and use your powers of persuasion on the judge.