CCJ set aside - Lowell

Twinkle321

Hello
I have a debt from 2012 for a mobile phone bill that was £50 the phone company cancelled the contract and charged me £600 at the same time I was locked out of the home I shared with my husband and was going through a divorce I didn't have any access to mail so I knew nothing of this as my husband was using the phone the contract was simply in my name only.
Fast forward to 2016 I receive a letter at family members address stating I had been sent to court and had a CCJ issued as I did not turn up.
From 2012 to 2016 I was dealing with a divorce no home my father passed away suddenly aged 50 and my aunty was diagnosed with a terminal brain tumour and I am in my early 20s trying to deal with it all I tried to contact the courts and inform them of this and that I had didn't even know the phone was disconnected etc they informed me to fill in the correct paperwork to try and have the CCJ set aside I now have a court date for October but today have received an email stating the below please could someone explain what this means and where I stand if I sign I have no idea

We refer to the above matter, in which we act on behalf of the Claimant.

Upon review of your application our client is willing to consent to the County Court Judgment of 1 May 2016 be set aside on the basis each party bears their own cost. In the interest of not wanting to incur any further cost and time for either party a Consent Order has been attached with the above agreement.

If you accept the terms of the Order we request you return it as a matter of urgency so we can request it be placed on the Court file

Comms69

They agree to have it set aside. You should accept.

National_Debtline

Hello Twinkle321 and welcome to the forum.


It sounds as though the claimant is proposing to agree with you that the CCJ be set aside; but the CCJ would then be replaced with a "consent order". This is a formal, legally binding agreement between you that the debt is owed but is not recorded on your credit file. However if you were to fail to comply with the terms of this consent order, the claimant could then potentially go back to court and get a fresh CCJ.


I can't comment on the terms of the consent order itself as you haven't set them out in your post.


Accepting the consent order may mean you forfeit any opportunity to dispute the original debt, so you should think carefully about your next steps, and seek more detailed advice from one of the free debt charities.


Dennis
@natdebtline

Twinkle321

Which fee will be due the £50 or the whole £600 I am currently out of work and caring for my aunt but I do not recieve any money for this so I wouldn't have the funds to settle the bill or commit to any repayment and if I sign and then they issue another CCJ what was the point in any of this

sourcrates

Twinkle321 wrote: »

Which fee will be due the £50 or the whole £600 I am currently out of work and caring for my aunt but I do not recieve any money for this so I wouldn't have the funds to settle the bill or commit to any repayment and if I sign and then they issue another CCJ what was the point in any of this

Forget the £50, the full debt is £600, most likely made up of outstanding line rental charges.

Ask on legal beagles what your options are.

You should write and inform Lowell you have no income.

StopIt

Twinkle321 wrote: »

Which fee will be due the £50 or the whole £600 I am currently out of work and caring for my aunt but I do not recieve any money for this so I wouldn't have the funds to settle the bill or commit to any repayment and if I sign and then they issue another CCJ what was the point in any of this

What does the consent order actually say?


As stated, this is the key bit as it is legally binding.


It'll set out the terms in which they would agree with drop the CCJ.


However, seek legal advice as it may be that your set aside application would be accepted without one and may be a way for the creditor to at least make something from this situation. When do you need to decide this by? Can you get a CAB appointment in time and take the Consent Order to them? Otherwise post it at Legal Beagles for further advice.


Edit: if you're caring for your aunt you should apply for Carers Allowance. Another thing for the CAB to advise as you shouldn't be left with no income in this situation.