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  1. Hello everyone, In 2009, I got a job in another country and moved away from the UK. I informed my bank of my relocation, but allowed them continue to send my post to my old address because I visited the address whenever I returned to London from time to time. In 2012, I requested that the bank begin sending all correspondence to a new UK address where my wife's family resided and where I would have more regular access to post. In late September this year, a resident at my former apartment (who happens to be a friend of mine) informed me that I had numerous letters there. Upon retrieving them, I found that Mortimer Clarke Solicitors had filed a CCJ application against me. MCS is acting on behalf of Cabot Financial (UK) Limited. CF had issued me a credit card through my bank Citibank (who was also my employer at the time). There was an outstanding debt on this card that I had neglected to pay whilst away. MCS had been attempting to reach me at my old address and had taken action since I had not responded. I took a few days to read through the various letters they had sent me and research the implications of a CCJ. I then contacted them by email to explain the circumstances above, but they informed me a default judgment had already been obtained on 15/09/2016 ordering me to pay £50 a month. I would like to pay this debt and have my record clean again. The total debt is £3308, so at this rate it would take 67 months to clear it. As £3308 is a rather large sum and I cannot afford to pay it all right away, I would like to offer them a lump sum payment of £2000 or maybe £2500 (if I can stretch that far), on the condition that they will consent to having the CCJ set aside. I have not made any proposal or payment to them yet and I realise that the one-month window for payment to clear the CCJ has already passed. I understand that I may be able to have the CCJ set aside whether or not they consent if I can prove my circumstances, but I do not want to have to deal with the court proceedings. From what I have read, if both parties consent to having the CCJ set aside and both parties are represented by legal counsel, the set-aside would be routinely carried out through an administrative procedure, not requiring the discretion of a judge. This sounds to me like the set-aside would more or less be automatic in such cases, so this is my preferred route. So, my question is how do I make this happen. More specifically: 1. If I make this proposal to MCS and they agree, they might ask me to pay the agreed sum before beginning the process. Could this affect the set-aside in any way? 2. Is it out of the ordinary to propose to pay after the set aside has been obtained? 3. If they consent to my proposal what legal paperwork needs to be filed? 4. Who is expected to file this paperwork — defendant or claimant? Can I request that they file the paperwork as part of our settlement agreement? 5. Is my understanding correct — that a set-aside by consent where both parties are represented by legal counsel is carried out routinely without the requirement of approval by a judge and therefore is automatically approved? I just want to get this matter resolved and have my file clean. I am still working and living abroad, so I will be unable to attend court appointments, hence my preference for an automatic route and for not filing paperwork myself. If you kind folks can answer the questions above and possibly provide any additional insight on the matter and process, I would be very grateful. I need to decide and act quickly — I would like to have this resolved by the end of the month. Thanks in advance.
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