CCJ help please - Moved house but had notified them

Ryman21

Good evening guys, if the claimant has offered a consent to set aside that I would be agreeable too and we both signed it,  would that be the end of it or could the court still not agree to it? Would there still be a hearing? 

Thanks 

Coupon-mad

could the court still not agree to it?

Yes that can and does happen on occasion, and by doing that, you will have also lost your scheduled hearing slot and thrown away your £303 fee as well. That's why the last three replies, including from Johnersh (a solicitor) were all of the opinion that you'd be mad to sign a consent order this late in the day when you are about to have a hearing you've already paid for and will be asking for your £303 to be ordered against the Claimant.

Guess why they are so keen to push you into the Consent Order route?  LOL!

Here is the recommended way forward:

https://forums.moneysavingexpert.com/discussion/comment/81215589/#Comment_81215589

Johnersh

Nothing to stop D offering a consent order in without prejudice correspondence of course. If so, they would need to prepare it in appropriate terms. D will likely want it to specify fixed costs (say, the court fee). C may not agree, but it is potentially attractive to them, even if undesirable. 

If D trogs off to a hearing there's a risk (to C) that D is awarded the costs of the hearing and on the basis that judgment should not have been applied for, much less entered against them. Furthermore D could seek and be awarded costs of preparatory work at litigant in person rate. Obvious non compliance with court rules wastes court time and resource as well as Ds. 

If the claim is advanced relying on PoFA it is a requirement of keeper liability (transfer from the driver) that an address for service has NOT been supplied prior to issue.  One might argue that not only has there been procedural irregularity re service, but C must know that they cannot rely on PoFA keeper liability at all.

So put succinctly, the PPC need to ask themselves do they think there's a risk they could have their Groove Armada handed to them? If nothing else, at least both parties are then at a hearing having been unable to agree terms/refused terms offered.

Ryman21

Good evening all, 
in the end I was offered a consent order that I was happy with and did sign it as I thought it would get things done and dusted quicker, anyway, they are using my court hearing on the 7th May. 

Is there anything I need to do to prepare for this? 

I was going to print off all my evidence for my situation and obviously the signed consent order. 

Do I need to do anything else? 

Thanks again guys for every single bit of help or advice, I really do appreciate it 
I really hope to have this put behind me 

Johnersh

I hope you haven't agreed to pay costs or that the claim was correctly served? Glad you are happy though - that has a value.