Example Letter requesting Consent from Claimant to set aside CCJ

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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.

[pt2537]

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.

[Switch]

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'.

[Amethyst]

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.

[pt2537]

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.

[gjacki9]

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