County Court Judgement Received

KeithP

Then initiative will be needed.

Blue1133

Hello, hope you all had a good Christmas. I have a question with regards to the No Consent/Consent to set aside. What if the No Consent paperwork has been laid at the court, can a No Consent still be persued? They have indicated it may take 30 days to consider with Consent , however do not wish to Prejudice any No Consent orders.

henrik777

Blue1133 wrote: »

Hello, hope you all had a good Christmas. I have a question with regards to the No Consent/Consent to set aside. What if the No Consent paperwork has been laid at the court, can a No Consent still be persued? They have indicated it may take 30 days to consider with Consent , however do not wish to Prejudice any No Consent orders.

They are at it. As i understand it, you've contacted a legal team. If they do not know that a set aside under 13.3 requires prompt action then they are basically stealing their clients money. If they do know, as they should, that you are required to act promptly, they are attempting to deceive you by delaying the application.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.3

(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.


There is simply no way anyone takes 30 days to decide whether they wish to consent or not.

Absolute charlatans.


I would remind them of your need to act promptly and quite possibly complain to the SRA (even though action is unlikely, but should be taken).

Blue1133

Good afternoon MSE, thank you for all of your responses thus far.

A quick update on the situation - hearing booked in for approx 6m time.

In other matters - Parking Firm have replied that they are willing to consent to set aside, on the basis of payment in full in advance. However - there is a disclaimer that removal of the ccj will be entirely at the court's discretion? Interested to hear thoughts on this, is there precedent for this going wrong?

Ultimately there are additional circumstances I have not revealed, but this case is on the verge of costing the person their job as it is mandatory for a clean file, and were also were in the middle of agreeing a house purchase which has now been flagged up - it will severely impact many lives as a result with vulnerable people relying on them to sort this all out as well. A consent to set aside option is the most appealing option given the hearing date being so far away and saves a lot of risk. Whilst the fight option is much preferred, it has come at the worst possible time to enter into a lengthy fight, otherwise this would no doubt another notch on the MSE win rate so any insight here would be much appreciated as to how these have been handled in the past.

Coupon-mad

I am astonished your court is making you wait 6 months to set aside a CCJ!

Parking Firm have replied that they are willing to consent to set aside, on the basis of payment in full in advance.

Hmmm, what exactly have they said? Hadn't they already said that in December, as you posted:

Blue1133 wrote: »

Ok, so solicitors want to contact parking co to request consent to set aside on condition that I pay for everything including ccj costs.

Due to this, I'd be insisting the CCJ is consented to be set aside for NO cost on your part! i.e. you should pay nothing, not even the PCN, nowt:

Secondly. Email received from same solicitor, stating I an not the intended person of this ccj. And they want me to provide I'd etc.

I said before, their conduct has been dreadful:

If they had your new address all along and used the old one for the claim, then the new one for a LBC 3 weeks later, you need to absolutely nail them to the wall for that in your WS, near the top, and evidence it with the letters attached.

Maybe sort out a consent to set aside, THEN sue Horizon for significant distress due to their unlawful harassment and the wholly unreasonable conduct from start to finish.

henrik777

It's always at the discretion of the court.

If it were just the job issue i'd say show them the set aside application etc but sadly i'm not sure you could do much about the house purchase.

An agreed set aside isn't immediate either but as there is no requirement for a hearing you'd expect it to be concluded before 6 months time !

Blue1133

Afternoon all, I hope you are all keeping well.
This case is now going to be heard in court - set aside without consent, which is a complete change of tack given the recent posts relating to settling with consent, and given the shenanigans of the PPC.. It is just under a month until the hearing date, and have been off sick with Covid unfortunately as well, so time is getting on, only just now able to get straight on things, can anybody point me in the right direction as to what I can read up on and have with me on the day?

Le_Kirk

Courts up and down the land are postponing hearings or carrying out telephone/video hearings.  Are you sure yours is going ahead still?  Notwithstanding that, without reading back over the entire thread can you say that you have submitted defence, witness statement, evidence and summary costs schedule?

Blue1133

The case is an application to set aside without consent, so followed the steps to get the hearing date, hopefully that is the most of it out the way, 

Le_Kirk

OK, you won't need to submit a defence until later then but it is always advised to have one "in your back pocket" in case the judge (assuming you see/speak to one) asks if you have a good chance of winning the original claim.  Let's hope it goes ahead.