CCJ set aside by consent - Deferred

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 

Comments

  • sourcrates
    sourcrates Posts: 28,865 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    edited 28 September 2022 at 8:17PM
    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.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Stevo9090
    Stevo9090 Posts: 19 Forumite
    First Post Name Dropper
    edited 29 September 2022 at 12:16AM
    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
    sourcrates Posts: 28,865 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    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.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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