CCJ consent to set aside advice

Maui85

I’d be very grateful for advice regarding a default judgment CCJ regarding a PCN that I was unaware of (both issued to an old address).

Details
Alleged violation - Dec 2015
PCN issued (assuming Jan 2016) - well outside 14 day limit and incorrectly issued (I still haven’t received any documentation about this)
CCJ issued - Dec 2016
Performed credit check - Jan 2018 and found out about CCJ
Delayed (stupidly - naive I know and wasn’t sure how to act, but didn’t appreciate implications until applying for my 1st mortgage in January this year. Addressed this in set aside application)
Eventually applied to have set aside - Jan 2019
Court date - April 2019
Settlement letter received from Claimant (‘without prejudice save as to costs’) - Feb 2019 - Stating: Consent to set aside, claim dismissed, no order for costs - £197 to pay (deadline to accept early March 2019)

I’m at the stage where I think it may be wise to settle (I have probably left the CCJ too long to risk a judge setting aside?) so am in the process of drafting a response for a reduced fee. Also, I would rather not have to go to court and would like the situation resolved swiftly.

Questions I have for anyone in the know regarding consents to set aside:
1. Is this risky / am I admitting liability by paying? Does that matter?
2. How likely is the judge to accept the consent to set aside from the Claimant (removed from my credit record)? And if it’s not accepted, can I still go to court in April to pursue the set aside application currently in the system?
3. If successful, can I apply to get a portion of the £255 set aside application fee refunded (if no actual court hearing goes ahead)?


Excerpt from my draft response letter with regards to Claimant’s offer of settlement:
‘WITHOUT PREJUDICE SAVE AS TO THE QUESTION OF COSTS
I refer to the above claim. I am writing to acknowledge the claim against me and to confirm that liability is denied in full. I still have not received any information from you about the details of this claim or the cost breakdown as to why I am requested to pay £197.00. Furthermore, if as you state, that the address was provided to you on xxx, this is well outside the 14 day limit required to issue notice to keeper (assuming the infringement date is xxx).

Nevertheless, and notwithstanding the above comments, in the spirit of disposing of this matter swiftly and conveniently, I am willing to make an offer of settlement. I am interested in saving costs but have already spent £255.00 on court fees and will have to pay £100.00 in applying for a consent to set aside (which is not guaranteed). As such, I will agree to paying a fee of £60.00. This offer is made in full and final settlement of the whole claim, inclusive of interest and costs and is made entirely on a 'without prejudice' basis and with no acceptance of liability. ‘


Thanks very much for your help. This is completely outside my area of knowledge and I would really appreciate some expert advice.

waamo

Which ppc is this? Some are generally willing to allow a set aside and some will completely ignore you.

Maui85

CEL - they have already sent me a letter for settlement (£197).

Without prejudice save as to costs. They will accept £197 in full and final settlement in exchange to consent to the judgment being set aside with the following terms:

1. CCJ set aside;
2. Claim dismissed; and
3. No order for costs

I am planning to settle (aiming to reduce to £60) pending advice as above.

waamo

If they are agreeing to a set aside with consent then the fee drops from £255 to £100. You are highly unlikely to get this refunded.

The chances of success depend entirely on the judge. Some will pass it "on the nod" some will scrutinise it. Nobody can predict your chances.

Essentially yes it is an admission but in saying that it really doesn't matter. The issue will be resolved and over with.

Maui85

Thanks very much. Just to clarify, if the set aside with consent is granted then the CCJ will be cleared from my credit score? (i.e. rather than just marked as being 'satisfied')

If judge doesn't agree to this consent, can I still pursue my application to set aside via the court hearing in April?

waamo

Yes if a set aside is granted it goes back to the very beginning as if the ccj had never been awarded. AIUI you only get one bite at the cherry. If it isn't granted that's it but wait for others though.

Coupon-mad

Maui85 wrote: »

CEL - they have already sent me a letter for settlement (£197).

Without prejudice save as to costs. They will accept £197 in full and final settlement in exchange to consent to the judgment being set aside with the following terms:

1. CCJ set aside;
2. Claim dismissed; and
3. No order for costs

I am planning to settle (aiming to reduce to £60) pending advice as above.

No you are not, it will not happen, as is clear from all CEL set asides done before. As discussed here, you cannot rely on CEL to do a fair and proper set aside with consent, and they will NEVER reduce it to £100, let alone £60!

https://forums.moneysavingexpert.com/discussion/5968987/help-missed-ccj-due-to-house-move

You will have to do a £255 set aside without consent, and beat CEL like we do time and again (never lost one v CEL) believe me, don't waste your time & money.

There is not point paying them £197, as even if you lost in court after getting the CCJ set aside you'd pay less than that. Secondly, I've never seen CEL do a proper 'set aside with consent' and posters who have tried, have ended up paying CEL only to find they then can't contact them and can't get the consent they need to show the court...

...and they still have the CCJ.

Any chance you qualify for help with the £255 fee? It's not just for people on benefits.

DoaM

Further to the above ... even if everything did go swimmingly, you'd still be paying out £297. (£197 to CEL, £100 to the court for the set-aside with consent). So for £255 you can pay less, be sure the the set-aside will be properly considered, defend the claim (if CEL decide to proceed - they probably won't), and get back your costs - including the £255.


Note: Make sure you claim the £255 back as part of your set-aside ... don't let it be deferred until later for costs as if CEL decide not to issue the claim then there's nothing against which costs can later be claimed.

Maui85

Thank you Coupon-mad and Doam and apologies for raising this again, my problem is I've found a lot of confusing and conflicting information with regards to set asides.

My main concern is the delay on acting on the default CCJ which is why the consent to set aside seemed so appealing.
Just to clarify, I did do a lot of digging last year to determine who the Claimant was and get details of the claim, first contacting Northampton County Court, then searching for the alleged incident using the court reference number provided, subsequently identifying the car park owner who eventually provided details of CEL who apparently manage the car park (convoluted, I know). I called and emailed CEL but have still yet to receive a response (as said previously, I still don't have details of the claim). But I do concede that I became stuck at this point and delayed in pursuing further.

I believe that the rest of my case and witness statement is strong (good prospect of defending original claim thanks to much input from MSE forums, and additionally claimant didn't ensure correct address to serve court claim); Do I stand any chance of success of CCJ set aside even with such a delay?

waamo

As long as you applied as soon as practicably possible then you stand a chance. Having to find out who issued the ccj is not only reasonable but essential.

Coupon-mad

Yes if you explain that you acted as soon as reasonably possible, given the complete lack of response from the Claimant, and not even having the claim number or any details. Explain your convoluted efforts in some detail.