EON CCJ - Offer to settle out of court

TheCoz

molerat wrote: »

There seem to be 3 possibilities.

You pay the out of court reduced amount and discontinue the set aside leaving the CCJ in place

You continue with the set aside and they will defend.

Or are they saying that if you pay them they will not defend the set aside and you will win by default - which would be the best option.

You need to clarify this with them.

Yeah, I hope its the 3rd one. I've just read about a consent order. I just wanted to get as much information as possible before talking to them.


Thanks your help guys, will update as a matter of good housekeeping once I have discussed.

IAmWales

TheCoz wrote: »

That's the thing, they don't actually say an amount they want or anything about the CCJ standing.


The letter basically says "You cant win against us, call and pay a settlement or else we will add further costs"


Doesn't mention an amount they want or if the ccj will still stand. I don't believe a company can remove a ccj, or can they do the set aside themselves?

What exactly do they say? You're giving us your interpretation of it, which given that you admit you don't understand the letter, may well be wrong.

System

Since she is willing to pay the CCJ, i would suggest she offers this on the basis the set-aside not be opposed and then the case be dismissed as part of the settlement offer.

If not, there is nothing to lost for continuing the set-aside (if she doesn't want the CCJ) as I think the judge would would like grant it on a default judgement to an old address.

TheCoz

IAmWales wrote: »

What exactly do they say? You're giving us your interpretation of it, which given that you admit you don't understand the letter, may well be wrong.

Just spoken to EON, they are saying they don't believe we can win the set aside as she did not provide a forwarding address and she has stated that she will pay any money owed. They are willing to vary the judgement allowing her a payment arrangement.


My argument back was that due to her leaving the property due to a domestic situation, she would not have been in fit state of mind to contact EON. EON also gave her no opportunity to pay the judgement within 1 month as first notification was sent to our new address 2 months after default judgement was gained.


I offered to settle the debt in full if a consent order was agreed to set aside, or they would not defend the claim allowing set aside in default.


They are currently considering this.

fatbelly

She should offer to settle this on the basis that the set-aside will not be opposed.

If the claimant opposes the application on the grounds that the requirement to have 'a real prospect of successfully defending the claim' is not fulfilled, I feel they have a strong case as you are in agreement that the money is owed.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

What you have to understand is that set-aside is designed for people who have a defence to a claim but were prevented from having that defence heard. The claim goes back to the first stage so that you can enter that defence.

You have no defence. You just want it turned back so that you can pay the claim before judgement. That's not a logic that the court can agree to, regardless of domestic issues and abusive relationships, but the claimant could

sheff6107

TheCoz wrote: »

My argument back was that due to her leaving the property due to a domestic situation, she would not have been in fit state of mind to contact EON.

That sounds like a plausible reason to use in a set aside hearing.

TheCoz wrote: »

EON also gave her no opportunity to pay the judgement within 1 month as first notification was sent to our new address 2 months after default judgement was gained.

The court sends the Judgment not the claimant, so this is not a valid defence.

Arleen

Heng_Leng wrote: »

Since she is willing to pay the CCJ, i would suggest she offers this on the basis the set-aside not be opposed and then the case be dismissed as part of the settlement offer.

If not, there is nothing to lost for continuing the set-aside (if she doesn't want the CCJ) as I think the judge would would like grant it on a default judgement to an old address.

There is a lot to lose for continuing with the set aside as if it is not granted then you are liable for defendant's legal costs, and those can be from hundreds to thousands of pounds.

And I agree with fatbelly and the others; this is likely not going to go well for you in the hearing, so out of court agreement is the best way. Sadly her state of mind or other compassionate circumstances are unlikely to help.

Car1980

Costs for a lost set aside hearing are unlikely to be more than £500 in a worse case scenario.

I disagree that compassionate circumstances are a poor defence for a 5 minute set aside hearing. Leaving an abusive relationship and ending up in a women's refuge (for example) is a stronger case than 'I just moved house'.

sourcrates

fatbelly wrote: »

She should offer to settle this on the basis that the set-aside will not be opposed.

If the claimant opposes the application on the grounds that the requirement to have 'a real prospect of successfully defending the claim' is not fulfilled, I feel they have a strong case as you are in agreement that the money is owed.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

What you have to understand is that set-aside is designed for people who have a defence to a claim but were prevented from having that defence heard. The claim goes back to the first stage so that you can enter that defence.

You have no defence. You just want it turned back so that you can pay the claim before judgement. That's not a logic that the court can agree to, regardless of domestic issues and abusive relationships, but the claimant could

It appears the original claim form must of been sent to the old address as well, hence no opportunity to defend.

Fatbelly is right in what he says, but as the set aside has already been paid for, a sympathetic judge may listen to your reasons why the case was not defended in the first instance.

Cases of domestic abuse, and the desire to not inform the abusing partner of the clients new address should be taken into consideration in these matters.

Judges usually have to decide these things using the law as guidance, that does not mean these decisions are set in stone.

Of course the claimant is saying you cant win, they want there money, and dont really care about how that happens.