• Welcome to the LegalBeagles Consumer and Legal Forum. If this is your first visit to LegalBeagles and you need assistance then you can ask a question here;
    Create a Thread
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Example Letter requesting Consent from Claimant to set aside CCJ

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Example Letter requesting Consent from Claimant to set aside CCJ

    I am trying to locate the example letter to request the consent of a Claimant to set aside a CCJ.

    The link on the page located at 'LegalBeagles.info Library Court Guides and Letters Set Aside' does not work, and I am hoping someone may have this document available to share.
    Tags: None

  • #2
    Originally posted by Switch View Post
    I am trying to locate the example letter to request the consent of a Claimant to set aside a CCJ.

    The link on the page located at 'LegalBeagles.info Library Court Guides and Letters Set Aside' does not work, and I am hoping someone may have this document available to share.
    very unlikely, each case depends on its own facts, the grounds for setting aside would be different for each case.
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Originally posted by pt2537 View Post

      very unlikely, each case depends on its own facts, the grounds for setting aside would be different for each case.
      I understand the letter in its final form would come in many variants. I assumed as a link is provided it pointed to a typical letter as an example, hence the link is named 'Example Letter Requesting Consent'.

      Comment


      • #4
        Oooo I'll have a look - I'm sure there was a basic outline there. If it's not I'll get it fixed this evening xxx Apologies.
        #staysafestayhome

        We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
        Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Originally posted by Switch View Post

          I understand the letter in its final form would come in many variants. I assumed as a link is provided it pointed to a typical letter as an example, hence the link is named 'Example Letter Requesting Consent'.
          well if i were drafting such a letter, i would want to know whether my application to set aside was one which fell within CPR 13.2, if it did i may take a more firmer stance with drafting my letter, if i was within CPR 13.3 however i may be a little more friendly.

          Generally i set out the reasons why judgment should be set aside and then invite the other side to consent , i often send a consent order. if im taking a firmer stance then i may say something like

          Further, as identified above, the statutory demand was set aside because of a statutory breach of s78 CCA1974 which leaves your client unable to enforce the agreement. Further no default notice had been produced by BW Legal, we therefore take the view that there is a real prospect of our client defending the claim, even if the judgment is not set aside pursuant to CPR 13.2 on the grounds of defective service.

          Your client appears to be in breach of CONC 13 of the FCA handbook as it has taken steps to enforce an agreement regulated by the Consumer Credit Act while in breach of s78, and further, while being fully aware of that breach due to the statutory demand set aside application. should your client refuse to consent an immediate complaint to the FCA will be made by our client.



          We have today lodged an application to set aside judgment and we invite you to consent to the Judgment being set aside to avoid unnecessary costs being incurred. Please take your clients instructions on our clients proposals and please let us know if your client is willing to consent.

          We reserve the right to draw the Courts attention to the contents of this letter on the question of costs and conduct.
          I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

          Announcement

          Collapse

          Member Guides

          This section contains useful guides, template examples and information written by members of the forum. Always do your own research !
          See more
          See less

          Court Claim ?

          Guides and Letters
          Loading...



          Search and Compare fixed fee legal services and find a solicitor near you.

          Find a Law Firm


          Working...
          X