Debt Recovery Reminder - unpaid County Court Judgement

TheHorder

thanks for the reply

GM is the start of the claim nos.
thats good news ?

TheHorder

Im looking at this on computer, link doesnt seem to work is it me ?

Le_Kirk

TheHorder said:

Im looking at this on computer, link doesnt seem to work is it me ?

What link would that be?

Gr1pr

There are no links on the previous page 

The newbies sticky thread is in announcements, top of the forum, the coupon mad signature tells everyone how to find it, but doesn't provide a link. There are half a dozen announcements, look for the right one and click on it 

CCJ set asides, including with consent set asides, are explained in the second post by her

TheHorder

okay thanks, understand

Coupon-mad

TheHorder said:

thanks for the reply

GM is the start of the claim nos.
thats good news ?

Yes, so the Defendant should email Civil Enforcement using one of the emails found by searching the forum (one starts with 'legal3' I think) and tell them:


Dear Sirs,

Re Claim no xxxxxxx (CCJ)

- introductory paragraph saying he's only now discovered the CCJ. He was on holiday in early Summer when he believes the Claim Form was supposedly served at the family home;

- the actual Claim Form has not been found - so as a matter of fact and law it was not served - but he has received the Judgment for Claimant (In Default);

- tell them he intends to file form N244 to set aside the CCJ and strike the claim out, however  in order to resolve the matter amicably, would CEL consent to set aside the CCJ and accept £90 to settle it, with the Defendant paying the £119 court fee to the CNBC.

- give them 14 days to respond.

yours faithfully,



(be polite and DON'T mention the need to sort it out to avoid it affecting his mortgage application! That tells them he's desperate).

TheHorder

Thank you coupon-mad for making the process straight forward. An email was successfully sent, using the information you suggested. 
We have now received a reply.

it says..
We are prepared to accept a significantly reduced sum of £95 to settle this PCN. However, this will not remove your judgement, but mark it as satisfied and remain on your record for 6 years.

Should you wish for a chance of having your judgement removed, you will need to make an application with the CNBC.
The Civil Procedure Rules permit the Court to set aside a CCJ in certain circumstances. (It then lists the usual examples of good reasons)

I am posting the next paragraph of the letter,  as at first things didn't look too good.  But then they seem to be saying I can get it set aside by following these steps and paying them.  I still need help understanding this and the steps I need to take.  Is it good news ?



Appreciate your time taking a look at my thread, am hopeful of a good outcome.
Thank you all for your time.

Coupon-mad

Yes - as planned - very pleased to see that's exactly what I said in one of my paragraphs:

"file form N244 to set aside the CCJ ... in order to resolve the matter amicably, would CEL consent to set aside the CCJ and accept £90 to settle it, with the Defendant paying the £119 court fee to the CNBC."

...except they want £95, which under the circumstances is fine, in this case, as long as you SHOW US THE CONSENT ORDER BEFORE HE SIGNS IT!

TheHorder

Thank you Coupon-Mad.

So the first step is to accept the offer.
Then pay the PCN will they send me something to tell me where and how to pay.

Coupon-mad

No, definitely not "and pay the PCN."

If you do that too early, why would they bother to spend time drawing up a Consent Order?