Consent Order Process

leen0112

Hello, I’ve been looking through the Newbies thread and have found a few posts that have helped already, but wanted a little more clarity. 

2 weeks ago, I received a letter from DCBL informing me that I had a CCJ for £267. I checked ClearScore and it was true! Gutted wasn’t the word, I have worked really hard on having a good credit file over the last few years and was planning to apply for a mortgage this year. I racked my brain and couldn’t think of any debts unpaid. 

I called DCBL and they informed me that it was an unpaid parking charge from VCS - for parking in an electric charging bay at a retail park near my workplace (annoyingly, there’s 8 of these bays and I’ve never seen more than 2 electric cars using them at once!).

 I remember initially hearing about this at a previous address, but among the melee of moving house, I just kind of forgot about it. It is clear the court papers went to my old address - there is no way on earth that is have let it get to a CCJ stage if I’d have known how aggressively they were pursuing it. The default judgment was made 3.5 months after I moved house. 

The worse thing is, I received this letter just 11 days after the 30 day limit to pay the CCJ. Explaining all this, VCS said that neither they nor DCBL would object to signing a consent order to set aside the CCJ providing I pay the balance owed. They are currently in the process of providing this consent order to support my application. 

What I’m not clear about, is what are the next steps for me in terms of sending this to the CCBC? How do I pay the fee (who has a cheque book in 2023?) and do I literally just send the order or do I provide more context? 

I just need to get on with it, I can’t accept this ruining my credit file for 6 years. I find it preposterous that these things can affect your credit file - it’s not like I’ve borrowed £267 and not paid it back!!

Thank you  

Coupon-mad

Why are you doing it that way?  Stop!  Almost no-one does a consent order and certainly we don't advise you pay the CCJ outside of the 30 days.

Please tell us you HAVEN'T gone along with the scam and paid the "amount owed"?

You can get this CCJ set aside and likely pay nothing at all (£275 paid back to you by VCS on the Order of a Judge) as it is their fault for not doing an address search and finding you as easily as DCB suddenly 'found' you 2 weeks ago.

leen0112

Thanks. 

Yes I have paid them, they made it sound like that’s what I should do for them to issue the consent. To be fair, they have been helpful so far. 

I did consider the N244 route, but as I didn’t feel I had any defence apart from the claim being sent to wrong address, I chose not to go down this route. I cannot defend the parking fine as I did what they say I did. 

Thanks again for your help. 

B789

leen0112 said:

Thanks. 

Yes I have paid them, they made it sound like that’s what I should do for them to issue the consent. To be fair, they have been helpful so far.

And why wouldn't they be helpful... helping you part with your hard-earned cash. 

Why can't you defend the parking "fine"? What was it for? That is what we specialise in on here.

We also help victims of this massive scam to get default CCJs set aside. By paying, you have now been marked as a "mug" by VCS and will most likely be targeted in future. Their helpfulness has nothing to do with helping you except getting you to part with your hard-earned money and thus funding their scam.

leen0112

Hello B789. It was for parking in an electric charging bay when I popped to McDonald’s for lunch. I had done it numerous times as there are far more charging bays than there ever are people using them. I received an initial communication from them, and then forgot about and moved house. That was the last I heard about it until DCBL tracked me down at my new address, 40 odd days after the CCJ. 

I’ve paid it now so I can’t retract that bit. Wish I’d have thought to visit this forum before I did anything else! 

B789

I'm not sure now that there is much you can do about it as you've agreed to the set aside with consent and paid it.

There was a very recent set aside case on here that was advised on where the defendant had already paid the claimant for the CCJ but the judge agreed that the claim should be set aside and if they subsequently won the re-issued claim, the claimant would have to reimburse them.

leen0112

I’m just hoping they stick to their word and produce the order. Bit paranoid now! I’m less concerned about the money, it is what it is, I just really don’t want a broken credit file. That’s why I opted for what seemed like the quickest option, knowing the N244 route could take months. 

Coupon-mad

Oh no.  You could have paid nothing.

You seem to have believed everything they said (...they were not being helpful!) and now you've paid, you have no leverage at all.

You will have to submit that Consent Order.  You have no other route now, snd they've got their inflated money for no reason.  Does it even say that consent to set aside the CCJ is in recognition of the fact the claim form was not served to the Defendant's current address?

IT MUST SAY THAT AT THE TOP but you now have no leverage at all now, and why would they change it to make your case more likely that the CCJ will be set aside?

There's nothing in it for them to do anything now.

Did you realise the court might refuse this application and by paying, you've removed the leverage you had, and made it look like 'credit-cleansing' instead (which judges do not like)?

Re paying the £108 court fee for your N244 application attaching your signed WS and consent order, you just email the bundle to the CCBC Fees email address then ring them to pay for your application by card, over the phone.

KeithP

It's difficult without knowing what the 'said annexed Minute' is.
But on the face of it, it looks like the court has accepted your draft order and adopted it as the order of the court.

...and Mr Nolan you need to get a darker obliterator. Everything you have tried to conceal - your name, the Claim Number and the VCS reference number - can be easily read by anyone.

leen0112

I thought the ‘annexed minute’ must refer to the other items included in the pack, namely the consent order and the N244 

KeithP

leen0112 said:

I thought the ‘annexed minute’ must refer to the other items included in the pack, namely the consent order and the N244 

Yes, I think you are right.

This is very good news.
A set aside achieved at the CCBC without even being transferred to a hearing court.