CCJ question

[mystery1]

Re: CCJ question

The poster on the thread i linked to earlier left this as an example. Try and avoid telling the judge you paid already (don't lie though) as ploddertom says the judge might refuse for exactly that reason.

https://drive.google.com/file/d/0B91...VXMF9mbjg/view

M1

[jasonleake]

Re: CCJ question

I have just drafted up a consent order

NORTHAMPTON COUNTY COURT BUSINESS CENTRE

Claim Number

BETWEEN:

PAYMENT ASSIST the‘Claimant’

And

JASON LEAKE the ‘Defendant

__________________________________________________ ________________________________

CONSENT ORDER (the ‘Order’

__________________________________________________ ________________________________

Dated 30/01/2017
BY CONSENT
1. Both parties have reachedan agreement.
2. The judgement is to be set asidewith consent.
3. The original claim isdismissed.

Signed by .................................................( Defendant)

Signed by .................................................( for and on behalf of Payment Assist)

[Diana M]

Re: CCJ question

CCJ issued back in November 2016 but moved out of this address back in July 2016. I only discovered the CCJ after checking my credit report online,

Is the reason for the Consent Order because both of you "have reached an agreement" or because the Claimant has consented to a set aside because the summons was served on an incorrect address?

Ideally you would have drafted your Application for a set aside with a WS giving your reasons (moved from old address etc) with evidence exhibited.

That way any Consent Order (with the Draft Application attached) would be seen in context by the court.

It's difficult to make any suggestions on how to do it now that you've paid because the CCJ has been satisfied so in theory it can't be set aside.

And only a DJ can dismiss a claim so you would be asking the court to "respectfully dismiss" the claim. You have to ask them not tell them.

Another option might have been to consent to the set aside so that the claim remains live. Then the Claimant can Discontinue their claim which doesn't require the court's permission or intervention. The only problem with that is since you've not filed a Defence the Claimant could easily re-issue the claim. However I suppose your Defence to any future claim is that you've paid it.

Did the Claimant have solicitors on record at the time the claim was issued? If there's an 'imbalance' with a Consent Order (one has legal representation and the other a LIP) then the Consent Order may not be rubberstamped by a court clerk because a DJ would be asked to approve it to be sure the LIP understands what they've signed. This may require a hearing.

Without knowing the full facts it's hard to comment.

Di

[jasonleake]

Re: CCJ question

I have sent you a private message Diana just due to a few things I didn't want to post up

[Diana M]

Re: CCJ question

I have sent you a private message Diana just due to a few things I didn't want to post up

I have replied

Di

[Diana M]

Re: CCJ question

You should be wary as there have been instances where Judges have refused Consent Orders like this believing they are circumventing the system because normally if you pay after the 30 days are up the Judgment still lies on your file but can be marked "Satisfied". They rightly believe the correct procedure is for Set Aside.

If a Defendant "paid under protest" to protect their financial or employment position (CCJ detrimental for mortgage or career reasons) then they could still go ahead with the Application for a Set-Aside even if the CCJ has been satisfied.

It may be best not to conceal with truth from the court who can check on their database and see for themselves if a payment has been made to satisfy the CCJ.

We recently obtained a set aside several months after the Defendant had paid ("under protest" due to imminent house purchase) and we even got a court Order making the creditor pay it all back to them within 14 days

Obviously there would need to be likely prospects of success in defending the claim if the CCJ were to be set aside in order to work that kind of magic.

Di

[jasonleake]

Re: CCJ question

Thank you for everyones help so far. I am currently filling out N244 and Witness statement which I think will be good enough to be sent as I am mainly filing for the set aside based on my career and have clearly stated the impact it could have in my witness statement. I just don't know what to put in a draft order or defence order.

[mystery1]

Re: CCJ question

[MENTION=87380]Diana M[/MENTION] will no doubt keep you right but the one i linked to earlier worked out.

M1

[jasonleake]

Re: CCJ question

What kind of things do you put in a draft order ?