CCJ Question

[ceejay123]

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 amount of the judgment (which was more than the settlement figure) was registered against me.

I can apply to have this noted as settled but I am wondering if it should have been registered in the first place.

 

 

My thinking is that if my appeal had been successful,

the judgment would have been reversed and/or if I had settled before the trial

(which is sort of what happened as the appeal would have been another trial)

there wouldn't have been a judgment to register.

 

Depending on what anyone else thinks,

is there also something which usually goes into a settlement agreement to cover this

(or does the creditor say something to the court)?

- now that the credit card people have been paid, they might be willing to be helpful.

 

 

The Registry Trust and court people are, of course, clueless and I can't think of anyone else who deals with this sort of thing.

 

Any thoughts would be appreciated.

[SabreSheep]

The CCJ would of been applied as you lost the first claim. Although suspended UNTILL appeal

 

Appeal was not heard which means the appeal would of been discontinued.

 

At that point the original judgement is no longer suspended and then applied

 

CCJ stands.

[ceejay123]

Thanks (sic.)!

 

 

It was suspended by the settlement agreement.

 

 

What about the amount?

[AndyOrch]

I agreed payment by instalments and they agreed not to enforce the judgment unless I defaulted.

 

I assume this was by way of a Consent Order or Tomlin Order?

 

Regards

 

Andy

[ceejay123]

It was.

[AndyOrch]

Refer to the schedule within the Consent....what does it state with regards to judgment and proceeding to judgment and what was the final figure of the debt agreed?

 

Thread moved to Financial Legal Issues.

[ceejay123]

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.

[AndyOrch]

What date was the judgment...what date was the Consent Order made and sealed ?

[ceejay123]

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".

[AndyOrch]

Did the consent agree to set a side the judgment?

[ceejay123]

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?

[AndyOrch]

The whole point of a Consent is to stop/stay the judgment or set it a side (if all ready attained).If your consent didn't refer to the judgment in either way then it stands.

 

See post #2 above.

[ceejay123]

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?

[Ganymede]

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?

 

I disagree that the CCJ is set aside. It is simply settled.

 

We'll need to see the exact wording of the Consent Order.

[ceejay123]

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).

[Ganymede]

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).

 

You've paid the debt now so you're stuck with a satisfied CCJ on your credit history.

 

You can't pay the debt then set aside the judgment as that defeats the point. You should have seen the appeal through if that's what you wanted.

[panther12]

From what I can see there is only consent that you agree to discontinue your appeal against the existing ccj and in doing so they agree not to enforce - subject to the agreed schedule. What you should have done is got them to agree a consent order that 1) The default judgement entered on xxxxx be set aside forthwith. 2) There be no order as to costs.

[panther12]

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).

Yes, it's done a lot to get a ccj set aside when there's no real prospect of success without the claimants agreement to consent. If the claimant / ccj hasn't been paid it's an effective tool to use as they're more likely to consent to set aside knowing that by doing so they then get paid. However, as you've now paid them there is no incentive for them to consent. You also have the hurdle of the ccj date (July 2011).

[ceejay123]

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?

[panther12]

A set aside should commence within a short time of the judgment. Without claimants consent (via an application + £155 fee) even if your case had merit I doubt a judge would consider it after 4 years. Via a consent order I would think the judge would still raise an eyebrow over the length of time.

[ceejay123]

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.

[Ganymede]

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.

 

No, more that you won't be allowed it due to the fact that you've paid the debt off.

 

Do you really want to spend £155 to find out?

[ceejay123]

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!

[Ganymede]

Good luck.

 

You have been warned...

[AndyOrch]

you never know, she might be pleased to see me again!

 

And even more pleased to bank your application fee:madgrin: