Consent Order

rinsefm

Hi all, today I paid in full a CCJ for a private parking ticket I wasn’t aware I’d received. I’m seeking a mortgage so have just paid in full on agreement of a consent order to have the CCJ set aside and removed in full. The paralegal mailed me the below. 

As discussed, please find attached a consent order drafted by us. The consent order has been drafted on the following terms: -  

      

     (a) That the Judgment dated 8 June 2016 is set aside.   

(b) That upon the Judgment being set aside, the claim is marked as settled.     

(c) No order as to costs.      

      

//

Do I understand that this will be marked ok my credit report as settled or does she mean to inform the courts that the matter is settled. I want the judgement withdrawn. They have every penny they’ve asked for and there is no reason to punish me for a speculative invoice that they’ve been well paid for.  

Grateful if anyone can clarify. 

sambaird

I’m not quite sure you really understand what a set aside consent order is.
You need to send the consent order you have to the court along with an N244 form, and a £100 fee.
The judge will then decide if the CCJ can be set aside - it’s not just a rubberstamping exercise.
The court and judges take a dim view of set aside orders for the sole purpose of credit record washing… so be prepared to be disappointed.

Details here:
https://www.registry-trust.org.uk/rt-learn-ew/remove-ccj/

rinsefm

Thank you I do understand what a set aside order is and the process. But the judge can only ratify the details that both parties agree to on the consent order. This is why I’m looking for clarity on the wording of theconsent order before I approve it. Can anybody advise as to the wording. Thank you. 

ThisnotThat

rinsefm said:

Thank you I do understand what a set aside order is and the process. But the judge can only ratify the details that both parties agree to on the consent order. This is why I’m looking for clarity on the wording of theconsent order before I approve it. Can anybody advise as to the wording. Thank you. 

The wording is fine. The parking co and their solicitors have nothing to do with what is on your credit report.  If the CCJ gets set aside it'll eventually filter its way back to your credit file.

rinsefm

Thanks for taking the time to clarify for me. I appreciate that. Hope you have a good week. 

rinsefm

For the life of me I can’t find a definitive address to send the N244 form. Can anyone advise?

xlnc99

i have been through this process twice with success. Who wrote this order for you? Who is the paralegal?

IloveElephants

Can anyone help me please, I want to write to excel parking to get a consent order to get my 3 ccjs from the set aside. Can anyone help me to write them a template?

ThisnotThat

IloveElephants said:

Can anyone help me please, I want to write to excel parking to get a consent order to get my 3 ccjs from the set aside. Can anyone help me to write them a template?

No.  Make your own thread.

PixelPound

rinsefm said:

For the life of me I can’t find a definitive address to send the N244 form. Can anyone advise?

send to the court and a copy to all parties.

Wording looks fairly standard - set aside (remove) the CCJ, and so reg trust remove it meaning it will be like you never had one. If there was any default showing (won't be as its parking fine) then showing as settled (nothing owing),and the third element is meaning not claiming for legal costs.