Help reviewing consent order please

CrispyMcNuggets

I discovered a CCJ which I have now negotiated with the claimant be set aside due to the papers being served to the wrong address (I have evidence to prove that the claimant was informed of my correct address).

As I feel that I was not responsible for the papers being served incorrectly, I do not feel that I should be paying the N244 set aside fee.

Would the consent letter below need to be modified to reflect this? Or should I just speak to the solicitors and ask that they submit and pay for this?

If someone more legally enlightened than I (which is pretty much the majority of this forum) could please review this I would really appreciate it. Thank you!

CrispyMcNuggets

Update: the claimant has written that they will file this with the court. So am I correct to assume that means they'll pay the N244 (reduced) fee?

sourcrates

CrispyMcNuggets said:

I discovered a CCJ which I have now negotiated with the claimant be set aside due to the papers being served to the wrong address (I have evidence to prove that the claimant was informed of my correct address).

As I feel that I was not responsible for the papers being served incorrectly, I do not feel that I should be paying the N244 set aside fee.

Would the consent letter below need to be modified to reflect this? Or should I just speak to the solicitors and ask that they submit and pay for this?

If someone more legally enlightened than I (which is pretty much the majority of this forum) could please review this I would really appreciate it. Thank you!

Usually you would pay the fee, a set aside by consent is cheaper, but aside from that, you may meet the first part of the criteria for a set aside, but what about the second part, where it states "and upon the defendant demonstrating some other good reason for setting aside the judgement pursuant to CPR13.3(b)"

That would normally be your defence, what is your defence to the claim?

You must meet both sections to be successful.

CrispyMcNuggets

My defence is that the claim was served to the wrong address, hence I believe this meets the criteria for a mandatory set aside.
I'm not too sure what the second part should be referencing as the claimant's solicitors drafted this. Possibly might refer to the fact that I acted promptly upon discovering this?

Should I ask for the phrase CPR 13.2 to be referenced in that case? Should the second part be removed?

eskbanker

sourcrates said:

CrispyMcNuggets said:

I discovered a CCJ which I have now negotiated with the claimant be set aside due to the papers being served to the wrong address (I have evidence to prove that the claimant was informed of my correct address).

As I feel that I was not responsible for the papers being served incorrectly, I do not feel that I should be paying the N244 set aside fee.

Would the consent letter below need to be modified to reflect this? Or should I just speak to the solicitors and ask that they submit and pay for this?

If someone more legally enlightened than I (which is pretty much the majority of this forum) could please review this I would really appreciate it. Thank you!

Usually you would pay the fee, a set aside by consent is cheaper, but aside from that, you may meet the first part of the criteria for a set aside, but what about the second part, where it states "and upon the defendant demonstrating some other good reason for setting aside the judgement pursuant to CPR13.3(b)"

That would normally be your defence, what is your defence to the claim?

You must meet both sections to be successful.

CrispyMcNuggets said:

My defence is that the claim was served to the wrong address, hence I believe this meets the criteria for a mandatory set aside.
I'm not too sure what the second part should be referencing as the claimant's solicitors drafted this. Possibly might refer to the fact that I acted promptly upon discovering this?

Should I ask for the phrase CPR 13.2 to be referenced in that case? Should the second part be removed?

The second part basically relates to how you would have challenged the claim if it had been served to the correct address, i.e. seeking a set aside needs more than just evidence that it went to the wrong address, it also needs a valid defence to the claim on its merits, hence the stated requirement for "some other good reason for setting aside judgment" as well as the address error.

CrispyMcNuggets

The original claim was for £7k (which consists of a £5k overpayment plus court fees and interest). I have argued that the court fees and interest are not warranted given it was sent to the wrong address, hence that would stand as my defence for not paying the full £7k.

Sorry for the urgency, but the lawyers are asking that I pay by tomorrow. They have already submitted the consent order to the court as of last week.

Could I run into trouble if I pay the settlement sum now?
I've already signed the consent order. Is it too late to rescind it and ask that the payment be changed to be after the set aside is granted?

CrispyMcNuggets

Would really appreciate any advice as I'm starting to have a last minute panic now and thinking I may have messed up...

eskbanker

I'm not a lawyer and am not familiar enough with the process to offer any meaningful guidance, but in the absence of anyone else doing so on here, you might wish to post on an actual legal forum such as Legal Beagles?