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Default judgement CCJ - Set aside vs consent order

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  • Default judgement CCJ - Set aside vs consent order

    Hi all,

    Really hoping that someone can offer advice regarding this matter.

    On the 8th of August a default Judgement was made against my old company and myself relating to a debt owed to American Express. I was made aware on the 19th August via a credit report prompt that a pending CCJ was about to hit my credit file. Up until this point I was not even aware a claim had been made and had not received any correspondence. I moved homes 2 years ago and have forwarding setup, but for some reason their letters were not caught by the forward (and weren't forwarding by the new owner if they arrived) and also they didn't do any searches to see that I am registered at a new address on the electoral roll and for my finances with other institutions.

    I've spent the last week tracking down the particulars, the default judgement and who is dealing with this on behalf of American Express. I have also spoke to them about a without prejudice offer to resolve this which they are amicable to.

    That all said, I am aware of the debt, haven't admitted liability and wish to seek the most effective path to resolution and avoid the chance of the CCJ persisting on my file.

    I am unsure if I should be looking to get this set aside and then come to an agreement with the claimant or I should just come to the agreement now and then enter a consent order for this. I would welcome your advice and any pointers in structure on application on either grounds.

    Thanks in advance.
    Last edited by annih; 30th August 2023, 16:25:PM.
    Tags: None

  • #2
    Sorry for the delay in coming back. I have managed to get the other side to offer up a settlement and agree to a court order setting the judgement aside.

    The question I have now is that they want me to make a payment and then put the order in to set aside and remove the CCJ, however, that leaves me in the situation where the court might not seal the order.

    I suggested a Tomlin order to protect both sides, but they are not willing to do that. So my options are:
    1) File the set aside order and see if it gets sealed by the court or;
    2) Agree to their terms and pay the settlement and then file the jointly signed order

    Anyone have any thoughts on this?

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