Managed to get CCJ set aside

Hi,
I got issued with a CCJ back in March. Lowell passed the debt to BW Legal and they took it to court. I didn't receive the document from court to defend myself as I wasn't resident at the address they had. As I noted in my request to the court to set aside the CCJ, I notified Lowell of a change of address for myself in 2017 and clearly, they never changed it and I provided the court with the email proof.

I received a letter from BW Legal today and they have consulted with Lowell who have consented to the CCJ being set aside. Attached was a consent order that they wanted me to sign. It reads as follows:

Upon the parties having reached an agreement as to the settlement of the above claim.

BY CONSENT IT IS ORDERED THAT

1. The default judgment on 5th March 2019 be and is hereby set aside.
2. The registration entry be and is hereby cancelled.
3. The claim be dismissed
4. The be no order as to costs.

and then goes on to ask for a signature from both parties.

My question is, does this mean that the original debt has also been cancelled and they will not pursue me or just the CCJ?
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Comments

  • boo_star
    boo_star Posts: 3,202
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    You still owe the money and they can reapply for the CCJ if they want. They just need to serve papers to the correct address.
  • D_M_E
    D_M_E Posts: 3,008
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    edited 16 July 2019 at 6:32PM
    They also appear to be asking you to sign to the effect that you will not ask for costs - probably your setaside fee - for them agreeing to the setaside application.

    EDIT: You give the impression that it's already been setaside, is that correct and this letter follows on from that?
  • Michael23
    Michael23 Posts: 61
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    I haven't actually complained to Lowell about not updating my address, would it be worth pursuing a complaint about potentially breaching my data? As per the ICO guidelines, they have not updated they're records and I can file a complaint. This may make them write off the debt.
  • boo_star
    boo_star Posts: 3,202
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    Michael23 wrote: »
    I haven't actually complained to Lowell about not updating my address, would it be worth pursuing a complaint about potentially breaching my data? As per the ICO guidelines, they have not updated they're records and I can file a complaint. This may make them write off the debt.

    I'd put money on it that it won't.
  • Michael23
    Michael23 Posts: 61
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    D_M_E wrote: »
    They also appear to be asking you to sign to the effect that you will not ask for costs - probably your setaside fee - for them agreeing to the setaside application.

    EDIT: You give the impression that it's already been setaside, is that correct and this letter follows on from that?

    I guess what I mean is that because they have agreed to it in the letter I received today, It's technically set aside pending them serving the paper to court.
  • Michael23
    Michael23 Posts: 61
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    I'm just confused why they would say: 'Upon the parties having reached an agreement as to the SETTLEMENT of the above claim' Unless they're not going to pursue the debt.
  • boo_star
    boo_star Posts: 3,202
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    Michael23 wrote: »
    I'm just confused why they would say: 'Upon the parties having reached an agreement as to the SETTLEMENT of the above claim' Unless they're not going to pursue the debt.

    Isn't that referring to the set aside application?
  • Michael23
    Michael23 Posts: 61
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    Fair enough, I'll file the complaint anyway on the off chance they will cancel the debt as good will for 2+ years of sending my mail to the wrong address. They would have to inform the ICO of the data breach anyway given new GDPR laws. I work in the finance sector and my company just for sending a letter out the wrong address or going through a call without clearing DPA usually means we send a £100 cheque to the customer.
  • boo_star
    boo_star Posts: 3,202
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    Michael23 wrote: »
    Fair enough, I'll file the complaint anyway on the off chance they will cancel the debt as good will for 2+ years of sending my mail to the wrong address. They would have to inform the ICO of the data breach anyway given new GDPR laws. I work in the finance sector and my company just for sending a letter out the wrong address or going through a call without clearing DPA usually means we send a £100 cheque to the customer.

    You don't actually know they never updated your address.

    It's certainly not unheard of for DCA's to issue court claims to old addresses in the hopes of getting judgements by default.

    And the ICO won't tell them to issue you with compo, even if they do anything about your complaint.
  • They could still pursue the debt at your correct address.

    And I’m guessing that you do indeed owe the money and morally know about it?
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