CCJ set aside hearing - consent order

[wrighty1988]

Hi,

 

General advice needed. Last year a judgement was issued against me.

I was not aware of the judgement taking place.

I have no recollection of receiving notice although I cannot say that with any certainty.

 

This is because I was in the midst of some pretty severe health problems which have required multiple operations

and at the time the judgement was issued,

I was on morphine for pain management and anti-depressants to treat my depression.

 

I became aware of this a couple of months ago and began seeking advice on the steps open to me.

It became clear the only thing I could do was to have the judement set aside.

 

In my application I provided a letter from my GP,

information on my condition and information on the medication that I was on.

Is this likely to be enough?

 

I contacted the court this morning and they said they'd be in touch in about three weeks with a date for a hearing.

 

 

Will I definitely get a hearing?

What are my chances of success and do you have any suggestions for how I approach it?

 

Thanks,

 

Wrighty

[AndyOrch]

What type of debt is the CCJ in connection with wrighty.

 

Regards

 

Andy.

 

PS Welcome to CAG

[wrighty1988]

Thanks.

 

It's allegedly in relation to an unpaid phone bill from 2010. I have to confess to not being aware of any outstanding balance. And the organisation who have had the judgement issued are not one I've heard of. I've had conversations with them since but don't recall any before.

[BankFodder]

I think it would be very helpful if you simply gave us all the detail at one go.

 

Who is the claimant? What is the value of the judgement? Have you had any dealings dispute with that claimant? Which is the organisation that you say you haven't heard of?

 

It would be very helpful if you'd simply give us all the information that you have so that we don't have to do ask you question by question, step-by-step

[wrighty1988]

The organisation are BW Legal and it's in relation to a phone bill with T-Mobile. The account balance is something like £850.

[wrighty1988]

apologies for not providing all info, have to be honest, I have no idea what I'm doing here. Is there anything else that would be useful?

[AndyOrch]

Thread title amended and moved to the appropriate forum (Financial Legal Issues)

 

Applications to setaside should be made promptly...

 

Grounds for none receipt should be allowed...your medical grounds unfortunately are irrelevant.

 

Andy

[wrighty1988]

what do you mean grounds for non-receipt should be allowed? I was told that I had to prove non-receipt for that to apply - which is obviously impossible to prove that you haven't received something. Any advice? On my street, there are two properties 1 house and one flat, both with the same address, but they're about 100yds apart.

[AndyOrch]

The court should give the benefit of doubt that you have not recieved it...they cant you prove you did or didn't...as claims are not sent registered or recorded delivery...on the other hand the court also expects all applications for set a side to be made promptly.

 

What date was the judgment ?

 

Why have you only just found out?

 

Who is named as judgment claimant?

[wrighty1988]

The judgement was made last year in August and the reason I've only just found out is that I've only just checked my credit file. I had no idea that a judgement had been issued - I certainly didn't receive notifcation of it. Are they supposed to send notification that a judgement has been issued?

[AndyOrch]

Yes you would get the initial claim pack.....which you have 33 days to deal with if defending.

 

You then get a Notice of Judgment or General Order (if you have not defended)

 

So have you also not recieved anything with regards to payment?

[wrighty1988]

I haven't received anything about payment either. What should I have received?

[AndyOrch]

The above....Notice of Judgment or General Order

[wrighty1988]

Okay, I'm amazed that I haven't received anything to be honest. If my application mentioned that but focuses mostly on health, is it worth changing that/can I change it or shPlus I just leave it until the hearing.

[AndyOrch]

Check with Northampton with regards to the judgment ...check the address they hold on file for you ...ask for a copy of the claim and judgment..but ultimately prepare a defence as to why you do not owe the money...setting it a side is one part of the process..defending it it is the other.

[wrighty1988]

Hi, have had a response on my application to have my CCJ set aside that's in four months time. That seems an awfully long time. Does anybody know if this sort of wait is normal?

[dx100uk]

threads merged

please keep to one thread

dx

[wrighty1988]

Due to have a hearing to set aside a CCJ next week.

 

Lender got in touch tonight saying they would be happy to arrange a consent order and not contest my application.

 

They are due to email me the evidence against me and if I agree then I'll pay up.

 

What ramifications does this have on my hearing next week.

 

Do I still need to go? What are the next steps

 

Thanks in advance!

[BankFodder]

The fact they are not contesting it simply means that it will be straightforward and no argument. However, the County Courts are notoriously inefficient and it is in your best interest to go there to make sure there are no accidents such as papers being lost, or suddenly the lender deciding to turn up.

 

It makes me wonder why there are agreeing not to contest your application.

 

Maybe you could tell us more about the alleged debt and also why you are applying for a set-aside

[dx100uk]

Threads merged again.

 

Please keep to one thread

[dx100uk]

Why are you coughing up and to whom?

Theres no need to do that to secure a set aside

[wrighty1988]

Because if I owe the cash then I will need to pay eventually.

 

Will entering in to a consent order increase the chances of judge approving set aside.

 

Also, the lender has said there will be no need to attend hearing them as it will be dealt with by a judge before then. Is this true?

 

Conscious of not taking the lender at face value but short of other outlets for advice.

[Old Cogger]

defendant be aware of claimants solicitors mis leading lies to fool you

[AndyOrch]

What is the Consent Order for...? To set a side or for you to pay ?

[wrighty1988]

The fact they are not contesting it simply means that it will be straightforward and no argument. However, the County Courts are notoriously inefficient and it is in your best interest to go there to make sure there are no accidents such as papers being lost, or suddenly the lender deciding to turn up

 

It makes me wonder why there are agreeing not to contest your application

 

Maybe you could tell us more about the alleged debt and also why you are applying for a set-aside

 

 

 

Applying for set aside on a number of grounds -

Firstly no communication was received.

I have this issue a lot.

There are two properties on my street with same number.

One is an unoccupied flat.

 

Secondly, it happened at a time that I was seriously unwell.

I had a very high number of surgical procedures in that year and was suffering from depression.

 

What is the Consent Order for...? To set a side or for you to pay ?

 

Haven't had the consent order yet. Will update once I receive it by COP today

 

What is the Consent Order for...? To set a side or for you to pay ?

 

The letter says their client believes that my application is unlikely to be successful but their consent order makes 5 points:

1. The default judgement entered on (date) is set aside

 

2. That the defendant pays the sum within 14 days of the order being sealed by the court

 

3. The registration entry be and hearby cancelled

 

4. The claim is dismissed

 

5. No order as to costs

 

Does this sound right?

 

 

Grateful for any feedback on this