CCJ Set Aside by Consent Advice Required

Star2105 · 8 March 2018 at 1:47AM

Hey peeps,

In need of some urgent advice on setting aside a CCJ judgement by consent.

I have taken the due diligence of reading up many cases on how to submit a request to Northampton County Court to set aside a CCJ by consent. The part I really need help with right now is what to put in the "cover letter" that I need to send to Northampton County Court.

To provide you with a background of what has happened today (07/03/2018) (a lot has happened):

1) I am about to accept a role within Financial Services sector. Every time I accept a new role I do the due diligence of running a credit check in case of any unwanted surprises. I ran the check and nearly had a heart attack when I saw a CCJ issued on 02/02/2018 for a fee of £300.
2) Having contacted credit scoring agency they gave me the details of Northampton County Court who in turn advised that there is a debt of £300 via a CCJ issued by a solicitor on behalf of a Parking enforcement company. I promoted the advisors at Northampton what would be the quickest way to get this settled and removed from my record becuse I'm now terrified that I won't get the new role because of this CCJ. They advised that I call the solicitor, settle the outstanding payment and submit a set aside consent form with a £100 payable to Northampton.
3) I contacted the solicitor, made the payment immediately. They were very supporting and immediately provided a signed consent form which we've both signed now and I have record of it. I have since read some advice that I should not have made the payment as I lose any chance to defend myself in the instance that the parking charges were never valid. However I can't change that now and taken it as a lesson learnt. I freaked out and just settled the debt in light of the new financial services role i am about to take.
4) The reason why I did not ever receive the chasing payment communications in September 2017, October 2017 and then the CCJ notice in February 2018 was because the Parking Enforecment company obtained my registered car address at the beggining of September 2017. My tenancy ended at the end of July 2017. I must admit I cannot recall when I finally found my logbook to notify the DVLA but I'm 110% certain that DVLA had my new address by end of 2017. The notice of CCJ being served was sent to me at the beggining of February 2018 at which point had the PE or Solicitor contacted DVLA they would have had a new address. They could have also checked with credit reference agency to find my new address having not had a response from me following chasers sent in Sep 17 and Oct 17. Yes it took me a while to update my log book and in hindsight I should have done it a lot earlier but my wife was pregnant at the time of moving and things were very very hectic with a toddler too.
5) Now that I have paid and got a consent form signed by the claimant solicitors adivsing that the debt must be paid within 14 days of this order (which it has).
6) I intend to raise set aside by consent in the next day or so pertaining to the fact that I had never received any communication from the PE or Solicitor becuase I had moved out of the address 2 months before the first chaser for payment was sent. I intend to provide a letter from my landlords confirming that I handed the keys back and moved out at the end of July 2017.

On the grounds that;

A) The claimant's correspondence was sent to an address which I no longer lived at therefore I never received any indicator of the outstanding CCJ. I had no chance to respond to it and it only came to light once I ran a credit check in anticipation of a job role I was applying for.

It's been only 1 month and 5 days since it was issued and thus upon finding out about the CCJ I immediately got a signed consent from the claimant to request the court to set aside the judgment and cleared the debt immediately with the claimants solicitor.
C) I will supply a letter from my landlords confirming I had moved out at the end of July 2017 as evidence with the application to set aside by consent

In better writing would you guys recommend that going with points A, B & C give me a chance of the judge accepting the set aside of the CCJ by consent?

As always your expert advice and understanding of the particulars of my case is much appreciated. I am very worried about it all but just trying to focus on what's best to do to salvage a situation none of us like to be in. I have two young babies and losing out on the new role would be so hard to take. Thank you again x

Star2105 · 8 March 2018 at 2:18AM

To add to this I will be writing in the format of a Witness Statement & Statement of Truth. I have seen some examples but would be delighted for you guys to suggest any.

Would also love to hear from you guys what chance I have with the country court judge to set aside by consent.

Quentin · 8 March 2018 at 11:38AM

You need to read up on set aside by consent.

Your post and its drafts look to be for a set aside!

You don't need to send a defence!

Post a copy of the consent order they have signed for comments

Star2105 · 8 March 2018 at 12:39PM

Hi Quentin

Please find comments from the consent order. I have a signed and dated it and so have the Claimant solicitors:

UPON the parties having agreed terms of settlement

BY CONSENT IT IS ORDERED THAT:

(1) Judgment dated and issued 2nd February 2018 be set aside.

(2) All further proceedings in this action be stayed upon the terms set out in the Schedule, except for the purpose of enforcing those terms.

(3) Each party shall have permission to apply to the Court to enforce those terms without the need to bring a new claim.

(4) There shall be no order as to costs.

SCHEDULE

1. The Defendant pay to the Claimant the sum of £300.00 (!!!8220;the Agreed Sum!!!8221;) in full and final settlement of all claims arising from the subject matter of the claim.

2. The Defendant do pay the Agreed Sum within 14 days of this order.

They have recommended I provide a witness statement setting out that I never received the correspondence because I have moved out. I am intending to attach to that confirmation from my landlord that I moved out well before any of the 3 communications was sent and therefore never received them. More an explanation why I didn't receive them. I will further comment to say as soon as I ran a credit check and found history of the CCJ issued 1 month and 5 days ago I immediately took action to settle the debt and begin my application to set aside by consent.

I get that it's not a defence and hope that just pointing out I had moved out of that address and never had chance to respond to the CCJ issue and also adding that once I did find out via checking my credit report I immediately paid it off.

The job role I am also going for have come back and said they'll still accept me as long as I can evidence I have settled the CCJ debt. Which I already have and just waiting for it to appear as satisfied. Next step is to hope that the stain on my credit history can be set aside by consent.

Please comment on your thoughts if I should go ahead with submitting the consent order and supporting statement. I have this morning paid Northampton county court the £100 fee in preparation of submitting the set aside by consent application.

Star2105 · 8 March 2018 at 3:25PM

Any views on the above please?

Read that it is good to get your application to set aside by consent in as soon as possible so eager to get it sent subject to ensuring I have the right consent order and provided enough conviction around the below points:

1) I never received the judgement notice due to judgement being sent to an address I had moved out from 7-8 months prior
2) Once identified on my credit file (1 month 5 days after judgement) I have made immediate action to paying the debt off and acquring the set aside by consent order from the claimant