CCJ SET ASIDE - NO INFORMATION ON THE PCN IN QUESTION

bendybackpanda

Yes we are prepared to pay this if we can agree this all asap. I have a lot of stressful medical treatment happening at the moment and it would be a weight off my mind to just sort this best I can. 

bendybackpanda

How do I go about this. I have written a draft consent order. What do I do with this? Does it get read out on this hearing that I have on 1st October. Do I email it to the court in advance instead of my skeleton argument 

bendybackpanda

Would this work?

CONSENT ORDER

UPON the parties agreeing that the Defendant did not receive the Claim Form issued on the 9th August 2023 before a Judgment was entered against them on the 12th September 2023, and the parties agreeing that there be good reason to set the Judgment against the Defendant aside pursuant to CPR 13.2 because the claim form was not received.

By consent it is ordered that:

1.     The judgment entered against the Defendant in the above numbered claim on the 12th September 2023 be set aside.

2.     The entry in the Register of Judgments, Order and Fines be cancelled;   

3.     The Defendant pays the Claimant the sum of £293.93 within 14 days of the court authoring this Consent Order accepting liability for this amount.

4.     There shall be no order as to costs to the Claimant. 

The parties hereby consent to an Order in the above terms 

Coupon-mad

bendybackpanda said:

Happy Monday !

I have received this today from Gladstones. 

We acknowledge receipt of your recent correspondence. 

 

We confirm we will consent to an application subject to the below: 

 

a)     Payment is made of the judgment amount in the sum of £293.93

(payment can be made via the bank details below ensuring our full reference is quoted when making payment)

b)     You  accept liability for the above amount and liability for the costs of your application.

c)     You  agree not to seek any order as to costs from our client.

 

 

Please confirm in writing that you are agreeable to the above conditions. If in agreement, you will need to provide a draft Consent Order for our agreement

There is no point paying the CCJ that you will be asking the Judge to strike out AND you will be asking for an order for your costs!  You should not end up a penny out of pocket.

This would be madness. Refuse.

This is their fault entirely for not complying with the CoP and checking your address before litigation.  Contrary to what some Judges might think, a PPC is not allowed to just 'run with' an old address or the DVLA address.

I assume this was in response to your skelly?

Carry on to the hearing.  Their supposed offer has nothing in it for you.

bendybackpanda

Thank you @LeKirk @Coupon-mad having said that I am not adverse to paying the costs for a signed consent and feeling alot of pressure off my mind. I am having hospital treatment daily and this would alleviate alot of stress knowing they had agreed to set it aside. 

Coupon-mad

bendybackpanda said:

Thank you @LeKirk @Coupon-mad having said that I am not adverse to paying the costs for a signed consent and feeling alot of pressure off my mind. I am having hospital treatment daily and this would alleviate alot of stress knowing they had agreed to set it aside. 

Nonono.  This is not a magic wand.

A 'consent order' is not guaranteed to be accepted and at this stage you still have to attend your hearing.

I repeat:

This would be madness.

Refuse.

bendybackpanda

Hello. 

Update here as I had the hearing today. 

At the last min on Friday I instructed a barrister to represent me, which was really helpful. He read my WS and that of the claimant. As my hearing was at the RCJ and he could see the judge had a lot to get through he felt the arguments between us were 50/50 and it would be unlikely I would have the CCJ set aside. 

We decided to agree with the claimant. We sent a TOMLIN order saying I would pay within 14 days. They refused as I was sure Gladstones would. 

So then I paid the outstanding amount and we sent a revised TOMLIN order and heard nothing back from them. 

This played in our favour. The judge had little time and asked the barrister to speak. He suggested that we had agreed with the claimants request  and that he set aside the CCJ to which he agreed providing our barrister then provided a new draft order. We sent this over after the hearing. 

Should the TOMLIN agreements be of help to anyone happy to post as a template. 

I know it’s not the ideal result but I’m still a happy person this evening 

Coupon-mad

I'm glad to hear you are happy with the result.  That's what counts and the CCJ being gone.

The barrister was wrong.

As the claim form was defectively served using an old address, pursuant to CPR 13.2 this was a MANDATORY set aside and was not 50-50.  There's no court discretion with CPR 13.2 and there is case law now from the Court of Appeal (VCS v Carr preliminary hearing/assessment so far) that a CCJ must be set aside if the claim wasn't received.

Your CCJ was going to be set aside today and you'd have paid nothing.  This way must have cost you hundreds.