CEL SET ASIDE CCJ AND WITHOUT PREJUDICE CONSENT LETTER. NEED HELP PLEASE

Uptown_Boy

KeithP said:

Le_Kirk said:

I think you are supposed to send it to the court that applied the judgment.

Which would've been the CCBC.   

Yes ... if it wasn't defended then it wouldn't have gone to allocation, so it wouldn't have left the remit of the CCBC - the PPC would have simply filed for a default judgment. (Have I understood that right?)

Money183

hello guys thanks for your help so far.
the court has send me a telephone hearing date in coming march.
so what happens if i do decide to accept this offer from cel and pay them £85? 
if i call them and make payment what do i need to ask them and when they do send me their consent what do i do with it?
do i need to send it to ccbc or the court which has sent me hearing date? do i need to pay anything to court? i didnt pay for n244 because i am exempt. 

what happens when i send the consent to court? 

many many thanks

Uptown_Boy

Remember the NEWBIES FAQ sticky thread that you've previously been guided to? Guess what you do now?

nosferatu1001

If you accept their offe,r you 
- still have to go through the hesring. Paying for consent, which is what you're doing, is NOT AN AUTOMATIC SET ASIDE as you know from reading all the threads you e been told to read
- you'll go to the court allocated of course. 

Coupon-mad

I say paying money to CEL is a risk unless you have the consent from them up front.  We've seen threads when they just took the money then the person couldn't get a peep out of them.

Money183

Coupon-mad said:

I say paying money to CEL is a risk unless you have the consent from them up front.  We've seen threads when they just took the money then the person couldn't get a peep out of them.

this is what i got when i paid them , this is an email sent to the court and me. also attached was this form :

Dear Sir,

 

Re: Civil Enforcement Limited v *******

Claim No:******

PCN No: *********

We refer to the above, and the hearing to set aside judgment scheduled to take place on ****************

 

We hereby give notice that we will not be in attendance at the hearing. As such, we kindly request that the following point be taken into consideration at the hearing:

The Claimant has read the Defendant’s reasons for making the application and, in keeping with the overriding objective (CPR 1.1), the Claimant made an offer to set aside the Judgment, dismiss the Claim AND no order for costs to be made and has provided the Defendant with a Draft Order to file  with the Court (see attached).  

 

If the Judge believes it appropriate, the Claimant agrees to the removal of the Judgment and for the Claim to be dismissed, and no order for costs to be made. Additionally, as the hearing is quite some time away, and the application has been dealt with by consent, we would not object to the Court dealing with this matter administratively, without a hearing, to save time and costs.

 

Yours faithfully,

 

Legal Team

For and on behalf of

Civil Enforcement Limited

*****************************THIS FORM IS ATTACHED WITH EMAIL***************************************

IN THE COUNTY COURT AT LUTON CLAIM NO:*********

BETWEEN

CIVIL ENFORCEMENT LIMITED

Claimant

v

***************

Defendant

___________________________________

[Draft] ORDER

____________________________________

UPON the Defendant’s application to set aside

AND UPON the Court considering correspondence between the Claimant and the Defendant

IT IS ORDERED THAT:

1. Judgment for the Claimant in this matter be set aside forthwith.

2. The proceedings in the action are dismissed.

3. Each party shall bear its own costs of this application and the claim in general.

4. The hearing listed ****************** is vacated.

Dated this 23

rd

day of December 2020

Coupon-mad

Expect the hearing to go ahead unless the court tell you otherwise.  Comply with all court directions.

Money183

Good Morning All i hope all is well with you. 
the hearing went ahead on the 4th of march on the phone. i attended and cel did not attend but they did gave notice of non attendance via email to court prior to hearing. 
at the hearing the judge had not seen our correspondence and had not seen our consent draft order. 
so judge said he will have a look at the docs and will decide later.
today i received below letter from court. can someone please explain what this means apart from set aside and what happens next.
as always i am grateful for your help.

nosferatu1001

1) CCJ is gone
2) Claim can continue where it left off, in practical terms this means you should file a defence, Witness statement COVERING THE CLAIM ONLY and exhibits without being told to do so; some courts mess this up and dont order
3) Youre not getting your costs back for  the set aside

Money183

nosferatu1001 said:

1) CCJ is gone
2) Claim can continue where it left off, in practical terms this means you should file a defence, Witness statement COVERING THE CLAIM ONLY and exhibits without being told to do so; some courts mess this up and dont order
3) Youre not getting your costs back for  the set aside

bundle of thanks
what happens if i dont file any defence? the other party wont be pursuing the claim as per their email so what happens if no party goes ahead? also how do i remove the ccj from my credit file . many thanks