CCJ Question

[panther12]

I think you need to think this through. The only thing that has changed since the original judgment is that you & claimant came to agreement that you forgo your appeal and they accept a lower sum than the original judgment and won't enforce provided payments are maintained. The original ccj stands as it was not part of the consent order to set aside judgment. Hindsight is a wonderful thing and you should have challenged that it be included at the time of drafting the consent order. As it stands I don't see any basis to set aside and certainly not for the reason that you have now paid what you agreed to pay.

[ceejay123]

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!

[AndyOrch]

The Consent didnt set the judgment aside....not unless its stated within the schedule of the consent.

 

Andy

[Ganymede]

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!

 

Also bear in mind that should you pay £155 and fail, not only will you not get your fee back but it is possible you could be ordered to pay the other side's legal costs of dealing with the application.

[ceejay123]

True, but before I decide whether to make an application I will know what position the other side are taking.