CCJ help please - Moved house but had notified them

Ryman21

Good morning people, is there a way of chasing up the CNBC for a progress update? 

Coupon-mad

Ryman21 said:

Good evening guys, I never received a response to my last email, also I haven’t heard anything from the court apart from an automated acknowledgement the day I sent it (20/11/24) 
is this normal to not hear anything? 

Good morning people, is there a way of chasing up the CNBC for a progress update? 

No progress expected with two weeks. More like two months. This won't get actioned until late January at the earliest. There will be no bailiff so don't worry in the meantime.

Ryman21

Good evening, I actually got home to a letter from the CNBC which was just a printed copy of my Form and a one line letter saying that the case was being transferred to my local court. 

I would’ve expected a little more in the letter, is this normal? 

Grizebeck

Yes 
Now expect a wait of up to 4 to 5 months depending on the court.

Ryman21

Good afternoon guys I’ve just received this email from DCB legal:

WITHOUT PREJUDICE SAVE AS TO COSTS

 

We write in relation to the above matter.

 

Upon reviewing the evidence provided with our Client, we can confirm that they are agreeable to setting Judgment aside on the basis the Claim is reallocated to the Small Claims Track to allow you to file a Defence.

 

Please find attached the Claimant's proposed Consent Order.

 

Should you be agreeable to the attached Order, please sign and return such within 14 days from the date of this email. 

 

Once received, we will countersign the Order and file this with the Court once a Hearing date is provided.  

 

Kind Regards,

Now at this point in time to save the drawn out process of sorting a defence etc etc and the constant anxiety of awaiting replies and just general worry I’d be more than happy to just pay the fine and shut the door on it providing the CCJ is set aside. 

How would I put that in an email? 

Thanks 

Le_Kirk

Can we see the draft order please? You don't want it to say "no order as to costs" else you end up paying the set-aside fee with no prospect of recovering it.

Ryman21

Here’s the Draft Order 

CONSENT ORDER

Before an Officer of the Court

UPON the Claimant and the Defendant having agreed to the terms of this Order;

AND UPON Claimant accepting that, although the claim was correctly served at the Defendant’s last known

address pursuant to CPR 6.9, the Defendant was unable to respond to the Claim Form;

AND UPON the Defendant providing evidence they no longer resided at the property;

AND UPON the parties agreeing that, in view of the above, there is some other good reason for Judgment to be set

aside pursuant to CPR 13.3;

IT IS ORDERED BY CONSENT THAT:-

1. 2. 3. 4. .

5. The Judgment entered herein on the (date) be and is hereby set aside.

It is recorded that a request for cancellation of the judgment has been sent to Registry Trust Limited.

The Claim be reallocated to the Small Claims Track and the Defence is to file a Defence within 14 days.

Should the Defendant fail to comply with paragraph 3, the Claimant be at liberty to request Judgment;

There be no order as to costs.

Dated: ……………………………………..

[Leave Blank for Court Use Only]


at this time I’m only really worried about getting the CCJ off of my name and close the door on the whole thing even if it costs me so be it, I’ve got a fair bit going on at the minute and could really do without the stress if I can help it 
thanks guys 

Coupon-mad

I'm not going to tell you to accept that because they are liable for your £303 fee.

Up to you but that's categorically not one I could - in all good faith - tell you to sign, even though life is stressful. Why should you shoulder a £303 fee? Worse than that:

You've paid for a hearing where the CCJ will be set aside anyway, so what are they offering of any value to you?

Answer: Nothing. They even want the claim to continue with a defence being required, putting the pressure right back on you:

"The Claim be reallocated to the Small Claims Track and the Defence is to file a Defence within 14 days."

No. At your hearing you'll be asking for the whole claim to be struck out.  No defence needed. CCJ set aside, your fees and costs back from the C and the claim dead (or later discontinued).

That Draft Order doesn't help you. There is nothing there of value for you because your CCJ is a mandatory set aside shoo-in anyway.

Grizebeck

Agree with the above
Do not agree with that consent oder.

Johnersh

And why agree the claim was correctly served if the defendant supplied an up to date address prior to the commencement of proceedings. At that point C has neither served to a last known address nor the address nominated by D for service of proceedings, which is essentially a failure to follow court procedures. Google the rules referred to....