CCJ Consent to Set Aside

[WarnockWay]

Hello all,

Thanks in advance for any help provided.

I had a CCJ taken out against me by a private parking firm. I was unaware of the CCJ as I had moved properties. I have paid the amount in full so it now shows as 'satisfied'.

I have requested them to consent to set aside the claim and they have agreed, as I am desperate to get rid of the CCJ - I stated that I would pay the court fees.

What is the next step?

How do I go about drafting a consent order form?

I haven't as of yet submitted my application to the court or contacted the court. Should I do this now? Again any advice here would be very much welcome.

Thanks in advance and apologies if any of the was too vague.

[R0b]

A word of warning, paying the outstanding CCJ can be deemed that you have admitted liability. The purpose of setting aside a default judgment is to allow the defendant to challenge the allegations made against him/her either because the claimant failed to follow the correct procedural rules or there is some other good reason why the court should set it aside. If you have already paid the judgment amount then (from the court's perspective) there is no case to answer and what you are trying to do can be viewed as a form of credit washing, which the courts will not entertain.

That said, people do attempt to go down this route, some successful but others I have heard are challenged by the courts to explain why the judgment should be set aside if they have already paid the sum as the set aside process was not intended for what you are seeking to achieve.

You need to make an application using the N244 and prepare a consent order for the parking company to sign or their legal representatives and then submit your application and hope for the best. Somewhere within the consent order you will need to explain why the parties have agreed to set aside the judgment and it will be at the court's discretion.

The added issue is that when a judgment is set aside, it goes back to the defence stage. How can you file a defence if you have already paid? It may be worth instead doing what is known as a Tomlin Order which is a consent order with an underlying schedule that sets out the contractual terms. In those terms you can agree between yourselves that the parking co. will discontinue proceedings on setting aside the default judgment.

I've uploaded an example, but it will need some work to reflect what you are doing or you could ask the parking co to draft one but may not be to your liking.

[WarnockWay]

Thank you so much for your advice. And thanks for the word of warning, this CCJ is hanging round my neck and I would like to buy a house in the next couple of years - so it's worth me having a punt at getting it cleared.

I have managed to draft a consent order and a Tomlin order. Both of which the Claimant has now signed which states that they will remove the CCJ claim against me and it outlines the reasons for me not attending court (being sent to the wrong address).

In terms of next steps -

1) You mention I need to submit an N244 form - a google search tells me that this will cost £275 - I thought this was reduced if the Claimant has agreed to consent to set the CCJ aside? Is it still the same form?

2) This is very rudimentary but it's the first time I've ever gone through with something like this - how do I actually submit my application? Do I need to print everything off and send the documents in the post to the court? How do I even go about paying the charge?

3) Finally, I am a school teacher, getting time off work to go and defend my case for 15 minutes is going to be very difficult. Is there any scenario here where I do not have to attend court and they can see the signed consent and Tomlin order - read the reasons why I didn't pay and remove it without me being present?

Thanks again for all of your help.

Many thanks

[Ky12345]

Did you have any luck please?