CCJ set aside by consent - Deferred 28 September at 6:55PM in Credit file & ratings 3 replies 152 views

Stevo9090

Hi all,

So I had a CCJ  incorrectly awarded against me which the claimant agreed was a mistake and provided a consent order which I signed and they filed at the County Court business centre.

I've had a letter today to say the deputy district judge has deferred the case as what is being requested is unclear to him.

The judge has requested 'Please file an application notice clarifying the history of events

This is understandable as its a complicated situation whereby my partner and I were both given a CCJ by default, however I was not liable for the bill but she was which she admitted. The complication comes due to her CCJ being filed with the incorrect surname.
Therefore the consent order states that the CCJ against me be set aside and the filed CCJ against my partner is ammended to reflect the correct surname.

My issue now is I am unaware of how the claimant goes about 'filing an application notice' to make the situation clear to the judge.
Is this like starting all over again, as the CCBC took around 6 weeks before the original consent order was even looked at due to a back log.

I'm really concerned that once the claimant has 'filed an application notice' that the CCBC will take another 6 weeks to look at it again.

Any advice or understanding of this will be much appreciated 

sourcrates

That would be an N-244 you need to fill in.

The form can be found here -

Make an application to a court ('application notice'): Form N244 - GOV.UK (www.gov.uk)

Along with notes for guidance.

Where it asks in part 3 - "What order are you asking the court to make and why?"

That is where you explain yourself.

Stevo9090

Thanks @sourcrates

The original consent order was drafted and sent to Northampton CCBC by the claimant, although I agreed to pay the fee of around £100

Is filling in a N244 the same as starting from scratch?

The way the letter sounds it as though the deputy district judge wants clarification on the consent order so why would they then want me to start all over again if that is in fact the case

The letter states:

Please liaise with the other party then together submit a response, including an ammended draft of the tomlin/consent order (if necessary) signed by both parties or their representatives, along with any additional information/evidence required as per the instructions

I'm really baffled by this. Is the application notice supporting evidence as such or a completely new application 

Thanks 

sourcrates

It`s a standard form that covers most eventualities, I would simply do what the judge has asked you to do by filling in the section relevant to you, that I highlighted in my previous post.

Read the notes that come with the form, they may be helpful to you.