CCJ consent/tomlin order help needed

Khal247

Hello

I received an update on consent order which states my application has been deferred and they have said to provide reasons as to why the judgement should be set aside as the court has to consider this under CPR13.3. They have put there needs to be a real prospect of successful defense or some other good reason to enable the court to exercise its discretion. Stating to liaise with the other party to amend the draft of the consent/Tomlin order with any additional information/evidence.

The reason I want it to be set aside is because I was unaware of the CCJ and never received any court forms or any awareness due to it going to an old address. I found out when I checked my credit score. I did send proof of my address to the claimant do you think I can use this as evidence? My address was updated on the electoral etc at the time they sent everything. Am I able to provide the claimant with a witness statement along with the amended order to support my reason for set a side. 


Any advice?

Thanks

Galloglass

Any advice?

It's in the instructions - "provide reasons as to why the judgement should be set aside" - they are suggesting that if you ignore the "not getting the letter" issue what other substantive reasons are there for allowing you court time. 

Do you actually owe the money? If you have a Tomlin Order, it suggests you do and have admitted you do.

Khal247

Yes I owe the money it is from 2014. 
With a Tomlin order can I add a witness statement or proof of my address to support my reason? Or do I just amend the Tomlin order with the reason and then the claimant returns to the court. 

Galloglass

Just take me through your thinking
1. You owe the money though it looks like it might have been close to Statute Barred
2. You got a default CCJ where they used an old address even though they knew the new one
3. You want to set aside the CCJ and use a Tomlin Order to pay the money in stages but have a clear credit score
4. The court are saying "substantive reasons" for clearing the CCJ.

Or am I mistaken. Court processes are usually quite simple but if the above is correct, you may fall foul of attempting to introduce complexity. Your approach is not out of the question, but could you might have a few hurdles.

Khal247

Yes, that is correct. I have never been through this before and I have never dealt with a CCJ before and have been looking for advice through the forums and read about consent orders etc to try get the CCJ removed which is what I have done and used the templates. I just do not understand what to do next. 

Galloglass

If you apply for a set-aside you have two options - "with consent" and "without consent". You appear to have talked to the creditor to avoid the "without consent" option.

Now the tricky bit. Judges don't have to agree to anything as it is their decision. So you can walk into the court with a newly minted "with consent" document and a draft Tomlin order and the judge may decide he/she doesn't like it. So you would have to in some way convince the judge that the CCJ has a detrimental effect on your life/career/others for them to consider your request. Judges don't want to encourage the idea that people don't pay, then rock up with a set-aside when it suits. Courts are busy enough without it.

First call is to the creditor to ask about "with consent". Then try your luck.