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ceejay123

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About ceejay123

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  1. True, but before I decide whether to make an application I will know what position the other side are taking.
  2. Thanks guys. I think the argument has to be that the consent agreement effectively set the judgment aside and substituted the amount and the payment terms agreed. As they were dealing with an unrepresented litigant, the creditor's solicitors should at least have suggested that this was put into the consent agreement and I am now seeking to put the situation right. It is possible that they may yet be prepared to agree something so all is not yet lost!
  3. Well, I'll see what the creditor's solicitors say first but, yes, I'd like to find out what a judge has to say! In the course of the litigation, I was up before a particular lady judge on three or four occasions including the creditor's application for summary judgment, a day's trial and a hearing when she handed down her (very ropey) judgment and gave me permission to appeal - you never know, she might be pleased to see me again!
  4. Are you thinking that I really need consent? If I can't get that, I'm not sure what reason the creditor would have to oppose an application so I might just need to persuade the judge! I had a skip through the CPR and a reference to "matters which have occurred since the date of the judgment" - in this case, payment of the amount agreed - sounded good.
  5. Hi, I was thinking about other aspects of the litigation back then and the creditor's solicitors came up with the wording of the consent agreement which looked reasonable. We were not at daggers drawn and it is possible that now they've been paid, they might agree something. Why do you say the date is a hurdle?
  6. But how many settlement agreements specifically provide for the judgment to be set aside?! - can they even do this because if yes, I could go back to the creditor's solicitors and see if they would agree something. Apart from the payment schedule, I have posted the wording of the consent agreement (Saturday at 17:32 and Sunday at 10:56).
  7. Well, the judgment was stayed. The wording of the consent does not make clear whether they could enforce the judgment amount or only the amount agreed if I defaulted. My reading of it points to the latter which effectively sets the judgment aside and substitutes the agreed amount even if it doesn't specifically say so. Therefore, couldn't I apply for an order with or without the creditor's agreement?
  8. Sorry, I've been out most of the day. 2011/12 - why might this be significant? No - if it had done, I would not be asking the question! Is it included in some agreements? If my liability under the account and the proceedings has been settled by an agreement which superceded the judgment, it has sort of has been set aside. Can I apply for an order? Would I need the creditor's agreement to this? Or are there other avenues to go down?
  9. The judgment was in July 2011, the consent order was both agreed and confirmed by the court the following January 2012. The creditor accepted the sum we agreed "in full and final settlement of my liability under the account and any liability I had to them in the proceedings".
  10. Hi Andy, I agreed to the dismissal of the appeal and payment of a figure of less than the amount of the judgment by instalments; they agreed not to enforce the judgment unless I defaulted on the payment plan.
  11. Thanks (sic.)! It was suspended by the settlement agreement. What about the amount?
  12. Can anyone help with this, please. I disputed a credit card claim which got as far as a trial but which I lost. However, I asked for and was given leave to appeal and the judgment was suspended until the appeal was heard. The costs by then were more than the balance on the credit card and mushrooming I settled the claim before the appeal was heard - I agreed payment by instalments and they agreed not to enforce the judgment unless I defaulted. I stuck to the payment plan and have now paid the amount agreed. I hadn't thought about it but a CCJ for the amou
  13. Can someone answer this one, please. My credit card agreement is printed with my right to cancel. Are all agreements cancellable and, if so, what is the authority? Thanks all.
  14. Thanks for the reply, ettubrute. Re 2. Doesn't something legal happen if you pay the mortgage off i.e. if you've redeemed it, isn't that the same as redeeming it before they've taken possession? Re 3. As above. Re 4. What if there's a surplus but not as much as you think there should be? Re 5. Regrettably, it's happened - as posted. What further details can I give you? The problem is not so much the legislation itself, it's how the people involved implement it.
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