What if the claimant consents to set aside a default judgement CCJ?

Questions to ask of the Claimant

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When a claimant consents to set aside a default judgment, generally you will need to follow certain procedures and you may need to address specific questions with the claimant. This will depend on the circumstances of each case. I usually find the following questions useful to have to hand when discussing the format of how an agreement may take shape.

These  may include:

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1. Consent and application: What is the basis for the claimant’s consent? Is it because they acknowledge that the default judgment was entered in error, or because they are open to discussing a settlement or payment plan with you?

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2.  Impact of the default judgment on your credit file: What is the status of the default judgment on your credit record. You will need to ask the claimant whether they will inform the relevant credit reference agencies about the default judgment being set aside or is it your responsibility to handle this matter

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3. Conditions and consequences: You will need to demonstrate a real prospect of successfully of defending the claim or providing some other valid reason. The claimant’s consent is not a guarantee, but it can lead to the judgement being set aside if an agreement is reached with the claimant and formalised in a consent order. A decision must also be made on the matter of how you and the claimant will manage costs.

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Procedural steps you can take 

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1. Defending the claim and potential claims: Your evidence and your defence are crucial to the success of your claim. If the claimant does not withdraw a claim, you will have the opportunity to submit a document in the form of a Defence and address each statement made in the Particulars of Claim.

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2. Timely Response of the Application: Finally, the court will also consider whether the application to set aside the judgment has been made promptly.

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In our experience, the court generally prefers to grant an application to set aside a default judgment where an agreement has been endorsed by all the parties, providing there are good reasons for doing so and costs can be mitigated.

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