CCJ to old address despite UPDATING their solicitors

Fightback2

Thank you @B789 I really appreciate the help.

Are you able to answer any of these please? I have proof of my email to DCB Legal.

Questions:

1) @Coupon-mad from reading other threads on here I'm aware of the need to "act promptly". Given that I first became aware of the judgement on 21st April (from my credit score), but waited for the judgement in default form to come through which I collected on 30th April, is it still fine to potentially delay sending off that N244 form for another week if I were to send DCB Legal a draft Consent Order and give them 7 days to respond?

2) Is there a time limit to submit an N244?

3) When I send DCB Legal proof of my earlier email, do I state the reasons for getting a set aside is because they sent it to the wrong address, or that they failed to follow PAP, or both of those?

Thank you so much.

B789

1) You would state everything you have done since discovering the CCJ in your WS. As long as you show you have been acting "promptly" and taking steps to get the CCJ set aside, then there should be no problem. You will be stating how you sent DCB Legal a draft Consent Order and gave them 7 days to respond. If they refuse to consent then you will file your N244.

2) There should be no time "limit" if you are taking the necessary steps as described.

3) I think you need to word your draft order so that DCB Legal are in no doubt that if they don't consent to the set aside, you will be seeking sanctions from the court for their failure to follow PAP etc.

I'm sure one of the other regulars who have much more experience in these matters can advise better. For now, you have a long weekend before you could even file the N244 anyway.

Not_A_Hope

@Not_A_Hope thank you for your reply. I was under the impression that if I paid by 17th May (within 30 days of the date of judgement) that it would be removed from my credit file entirely? And that it would only be marked satisfied if I paid outside of the 30 days?

Apologies I did not read back through the thread and thought as it was a set aside case you were already outside the 30 day window. You are of course correct.

Many people find out about a default judgement leading to a CCJ months or years after the event, panic and pay mistakenly thinking that will resolve their credit file. 

Fightback2

@B789 thank you. Nobody else has replied so I'm assuming they have nothing to add to the answers you've given me.

Please could you post a link to a thread with a draft Consent Order template? I've tried searching the forums but haven't managed to find a template for it. I'm guessing you need to fill in a specific form? What's the form called?

Coupon-mad

There's no form. And no template.  That's the beauty and main strength of a forum: reading other CCJ threads and copying what they did.

You will see a Draft Order example on any other CCJ set aside thread (we have a dozen or more every month) so search the forum and change 'best match' to NEWEST.  Thousands of examples from those who've already done it.

B789

@Coupon-mad, as this is going to be a request to DCB Legal for a "with consent" set aside, should the OP send them a copy of their own draft order that they intend to file if DCB Legal don't agree to a "with consent" order and give them 7 days to respond? If the OP only requests that DCB Legal agree, we all know that if they did agree, they will normally try and hoodwink the defendant by producing their own version of the draft order which is never in the defendant's favour. 

By including the defendant's version of the "without consent" draft order, DCB Legal will be on the back foot and in no uncertain terms where this is leading. The defendant's "without consent" draft order should include that the CCJ be set aside for irregular service to the wrong address, that the claimant be sanctioned by the court for not following PAP 4.2 (failure to allow 30 days for debt advice) and that Practice Direction – Pre-Action Conduct and Protocols 13, 14 (b), 15(c) and 16(a) apply, and all costs to be paid by the claimant.

This would give DCB Legal a taste of what is to come if they refuse to consent and take the hit because of their own failures.

Johnersh

The pre-action protocol stuff is pretty irrelevant if C was provided with a valid address for service and then they went and served an old address.

The service rules expressly do NOT apply if under cpr 6.8a an address is provided. So there's an argument as to exactly what was said regarding the new address. 

B789

Johnersh said:

The pre-action protocol stuff is pretty irrelevant if C was provided with a valid address for service and then they went and served an old address.

The service rules expressly do NOT apply if under cpr 6.8a an address is provided. So there's an argument as to exactly what was said regarding the new address. 

What about the claimant be sanctioned by the court for not following Practice Direction – Pre-Action Conduct and Protocols 13, 14 (b), 15(c) and 16(a)? DCB Legal ignored the 30-day extension for the claimant to seek debt advice.

Johnersh

@B789 there are no teeth to the protocols. You can invite the court to penalise in costs, but if factually D did not need to or try to get debt advice, I suspect the DJ will just ignore it.

Don't get me wrong, I'm not saying there aren't valid arguments nor am I saying there's only one way to do this, but generally arguing one or two solid points is more effective than throwing in the kitchen sink. 

Fightback2

I'll have a search through the forums tonight and try to find a "with consent" draft order example that I can copy and amend. I must admit - I'm new to this so don't know how to fully use the search functionality to its full extent so please bear with me! (I have read the NEWBIES thread).

I do have another question though - would it hurt my prospects of successfully getting the CCJ set aside if I didn't offer DCB the option of a "with consent" set aside and instead just went straight to the N244 (with WS & draft order etc) ?