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Please help- CCj consent order court reply

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  • Please help- CCj consent order court reply

    Hello,
    I was wondering if someone can help explain what this general directions letter means. I was sent a reply from the courts regarding a consent order I had sent off signed by both parties and a N244 form to set aside a CCJ I discovered.

    the consent order was as follows:

    upon the defendant informing the claimant of their exceptional mitigating personal circumstances and upon the defendant informing the claimant that they did not receive the court claim form and were therefore unaware of the proceedings and unable to respond:
    by consent it is ordered that:
    The judgement entered against the defendant on ***** is hereby set aside.
    the claim stands dismissed
    there shall we no order as to costs.
    __________________________



    both parties signed the above and I sent it off to the courts along with the £100 fee.


    I have had a reply in the form of a general directions order by a district judge and I’m not sure what it means and what I have to do next. Please can you explain if the reply means that the CCJ has been set aside, I’m just not sure if it is asking for me to reply within 7 days with a defense or if it’s saying I can reply if I have any objections to it being set aside, which I of course don’t. I had requested on the N244 for it to go ahead without a hearing and the legal jargon is confusing me.



    the letter states:
    before deputy district judge ****** Sitting at the county court business centre
    upon reading the minute of order filed herein, a copy of which is annexed here to
    without hearing
    and by consent

    it is order that
    an order is hereby granted in the terms of the said annexed minute and that it do stand as the order of this court


    note:
    this order has been made without a hearing under the court case management powers contained in the civil procedure rules part 3. You may within 7 days of the service of this order apply to the court to set aside or to vary the order under part 23 rule 10. You must file with the court and serve on other parties an application that sets out your reasons for objection. A fee is payable upon the filing of the application. When your objection is received the matter will be listed for a hearing unless you ask the court to vary the order without a hearing.
    ________________________



    please kindly help explain to me what it means and what I need to do next, I would be so grateful.
    many thanks
    Tags: None

  • #2
    pt2537 Can you please take a look, thank you.

    Comment


    • #3
      Thank you, if anyone can help me I’d really appreciate it. These are the attachments I’m referring to.
      Attached Files

      Comment


      • #4
        There is a whole lot of background information missing.

        Can you explain what was agreed with the creditor?
        What did the consent order state?
        Also why does it state 2017 hand written?

        The whole point of getting the set aside is so the parties carry out what was agreed.

        Comment


        • #5
          It was regarding a parking fine in 2017, I hadn’t realized I had a CCJ until when I was looking to get a mortgage.

          I wrote to the creditor to explain I did not receive the CCJ notice due to it being sent to a previous property and I was additionally receiving medical treatment at the time in which these letters were sent out in which I also sent proof of and the creditor agreed that they did not wish to Persue any costs from me from the original parking fine and that they were happy to cancel the original debt providing I pay the courts the £100 fee to get the consent order sent over to them. The creditor drafted that consent order and sent it to me for me to sign which I did and they did not include the date so the county court judge must have handwritten the date on it as it was not sent like that.

          So it was agreed that neither party will persue costs and I wouldn’t have to pay anything to the creditor and the CCJ would be cancelled.

          I hope this helps to explain it.

          Comment


          • #6
            You don't have to do anything, the Judge has already set aside the CCJ.from August 2017. The bit under 'note:' is if issues arise from the consent order, also it was carried out without a hearing. Just make sure the CCJ is removed by the creditor.

            Comment


            • #7
              Thank you so much for explaining that to me.

              How would I go about making sure the creditor removes the CCJ, would I contact the creditor asking them to let the CCJ registry trust know? Or do I contact the registry trust myself with the evidence to get it removed from the register?

              thanks again

              Comment


              • #8
                Originally posted by Mil2021 View Post
                Thank you so much for explaining that to me.

                How would I go about making sure the creditor removes the CCJ, would I contact the creditor asking them to let the CCJ registry trust know? Or do I contact the registry trust myself with the evidence to get it removed from the register?

                thanks again
                Contact the Creditor, it's best coming from them.

                Comment

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