Consent order / Tomlin order / CCJ Set aside

TryingToPay

Hello,
I have a CCJ on my file from August 2019. The paperwork was sent to an old address (I had left during the marital home whilst in the process of divorcing.)
I have received the below from Cabot:
"As per your call with our offices on 16th March, you will need to contact the courts to apply to have your CCJ set aside.
You have advised that the paperwork was served to an old address, but I do need to make you aware that it is your responsibility to keep us informed at all times if you move."

I am trying to convince Cabot to agree to a consent / tomlin order to set aside the judgement. I believe a set aside will have more chance of being granted if Cabot agree to some form of consent or tomlin order. I have agreed to pay them £72.73 pcm (debt amount £1329.14).
Could anyone help me to write out such a consent order. Whereas I do agree it was my responsibility to inform them I had moved address, I wasn't really in a fit state of mind and ended up receiving counselling and being put on Mirtazapine for depression.

I'm more than happy to pay and accept liability, I just don't want the CCJ on my record. I would have resolved thisprior to court proceedings had I know litigation action was taking place. Do I have any chance at all?

Thank you in advance. 

TryingToPay

Furthr to my above post, would the below be acceptable to send to the court (assuming Cabot agree to the set aside by consent)?
Is there anything I have omitted which needs to be included? Thank you in advance.

The defendant (*Redacted*) requests the County Court Judgement order ****** registered on 15th August 2019 be set aside by consent.

 

·       The defendant has agreed to pay Cabot Financial £72.73 per month until the arrears are cleared in full.

·       The defendant had not received the litigation paperwork due to it being sent to an old address.

·       The defendant was receiving medicinal and counselling treatment for depression at the time of litigation and judgement.

·       No costs shall be associated to Cabot Financial as a result of this consent order.

·       The defendant retains liability of all costs associated with this consent order.

·       The defendant retains liability of the arrears.

sourcrates

Looks ok to me.

Have they agreed to this ?

TryingToPay

sourcrates said:

Looks ok to me.

Have they agreed to this ?

I've asked if they will agree to a set-aside by consent if I write one up. I'm just waiting for their response. It helps that I have a single point of contact at Cabot after hours on the phone.

TryingToPay

I'll keep you updated as to their response.

TryingToPay

Update, they have flat out refused to set-aside by consent.

dr0psofjupiter

Sourcrates is your expert here but in my (limited!) experience I have only seen a set-aside with consent accepted when the amount has already been paid in full. What are they standing to gain by agreeing to remove the CCJ when it's their "ticket" to enforcing the debt?

sourcrates

The question now is do you have sufficient grounds to obtain a set aside in its own right ?

You need good reason why you did not reply to the original court papers, you have an argument there regarding an old address, but you also need, in addition to that, a defence to the claim.

One with a reasonable chance of success, usually this would be something along the lines of, "its not my debt", "the amount they are claiming is incorrect", or, "the debt is already paid".

Argument's to that effect basically.

Do you have such a defence ?

If not then that`s the end of the road.

TryingToPay

Another update, It transpires I was in hospital at the time of judgement after having a pretty spectacular mental breakdown. The Cabot complaints team have asked for proof of this which I am getting from my doctors tomorrow. They haven't yet indicated what they want the proof for. 

I suspect they will still not agree to the set-aside, but at least I tried.