Need some guidance on setting aside a CCJ

Essa2015

Hi, I was hoping someone would be happy to share the process of getting Bryan Carter Solicitors LLP to consent to my CCJ being set aside

The court date of the CCJ was 06/08/2014 for £546.

I have been living abroad outside of the uk since January 2014. I only found out that I had this CCJ when I decided to check my credit report. Got email confirmation from the court only in October 2015.

The original debt was for a Vanquais credit card. Lowell Group are the listed claimant on the CCJ. When I contacted them they told me to get in touch with Fredrickson International. And from there I was directed to Bryan Carter.

A repayment plan is set up with Bryan Carters for £50 p/month. Which I intend on paying back as take responsibility for the debt. But the CCJ is going to ruin my credit rating and I think because I wasnt in the country at the time I should be able to get set aside. Is that true?

I more or less grasp the process of completing the N244 form but I more interested in understanding the best way to get a letter confirming the Consent of the Claimant.

I am not sure which one to even contact to ask for it. And would anybody have a template or guidelines to at least attempt making one myself, which I can share later.

Also what type of evidence would I need to show? and would i need to appear in person? I was hoping the proof of me not being in the country and the claimants consent would mean not but if someone could clarify that would be great, thanks

fatbelly

I don't know why you think the claimant would consent to having their ccj set aside and so create a lot of work for them. All they want is their debt repaid and that is more likely with the ccj in place.

You can apply without their consent - it is the court that makes the decision, not them. But the court will look for a reason why you did not respond to the claim (which you have) and a defence with a reasonable prospect of success (not sure you have that as you accept the debt is yours)

I think you would be best saving the court fee, putting that money to the debt and getting this paid as soon as possible. Then get the judgement marked settled.