CCJ Consent Order - How do I apply to the court?

[LukeB]

Hi,

I have read through many threads on here which have given me ALOT of help which is greatly appreciated.

I am in the process of drafting a consent order and covering letter to the claimant to have the CCJ I have set aside by consent order.
Long story short but I took on the claimant as a subcontractor and had to go back to correct a lot of errors they had made on a job which resulted in the client holding payment and subsequently paying the subcontractor later than expected.

The subcontractor sued me personally and not my Ltd company who paid their wages. As a result, I now have a CCJ against my name which is making it hard to obtain a mortgage.

I did speak to a CCJ removal company who wanted to charge me £600 for a consent order which I think seems very excessive.

My question is after I have sent the claimant the consent order (That is providing they sign) How do I apply to the court to have this removed?
Do I need to fill in a N422? or is there a specific form for consent orders. This information seems to be very hard to find online.

Thank you

[atticus]

https://legalbeagles.info/library/ho...-judgment-ccj/

[LukeB]

Hi, thank you very much for the response. I have had a good read through and now think I understand the process. (Hopefully)

I do have one question. I am not sure what to put in section 3. (What order are you asking the court to make)

Obviously, I am asking the court to make a consent order, but I do not know the correct terminology. I have simply put " The judgement entered against me on (date) be set aside by order of consent as agreed by both parties"

Would this be sufficient enough?

[atticus]

That'll do.

[LukeB]

Thank you Atticus. Much appreciated.

I have changed section 3 to read:

The judgement be set aside by order of consent upon both parties agreeing that the defendant being incorrectly named on the judgement. Both parties agree that there be good reason to set aside.

Would this be better or would the original wording?

Thanks

[atticus]

Does the other party consent?

[LukeB]

Hi,

No they haven't yet, I have posted a consent order today. I am hoping that they will consent.

I am just trying to get the paperwork ready to send off in case they do, obviously if they don't then I will have to go down the non-consent route.

[atticus]

Then use your first version, deleting references to consent. If the other party consents, it should respond saying so.

[LukeB]

Thank you, I really hope they consent, fingers crossed.

I have drafted a witness statement, would you mind taking a look to make sure it's, ok?

[atticus]

Sorry, someone else may have the time to do that.

There is an example statement here: https://legalbeagles.info/library/ho...tnessstatement

[LukeB]

Ok, Thank you for your help so far.