How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask tdlawyer Your Own Question

tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

Can someone let me have a sample covering letter to send to

Resolved Question:

Can someone let me have a sample covering letter to send to the court with a consent order to get a ccj set aside.
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

On what grounds are you setting aside the judgment in default?

Customer:

Great

Customer:

The claimant has seen my witness statement I was going to submit to the court and has agreed to sign a consent order which i now have

tdlawyer :

Okay. Then really, you need to do this via an application notice (Form N244), but ask for the Court to deal with it without notice in the application notice. You need to pay a fee of £45 via cheque made payable to HMCTS.

tdlawyer :

You send that to the court that registered judgment against you.

tdlawyer :

The application notice needs to ask for the judgment to be set aside and explain the reason for you both agreeing to set the judgment aside. You can get the form here: http://www.justice.gov.uk/courts/procedure-rules/civil/forms

tdlawyer :

Then you attach your consent order to the form.

Customer:

my solicitor said i need to just send it with a covering letter, I thought quicker to do it myself, now its sounding more complicated

tdlawyer :

Long gone are the days of the Courts being willing to deal with letters I'm afraid.

tdlawyer :

They take every opportunity to take a fee from you!

tdlawyer :

And they can only do that if you make an application.

tdlawyer :

We used to send covering letters all the time with things like this, but these days, they don't get through (in my experience!).

Customer:

i knew about the fee, I didn't know I had to submit a form

tdlawyer :

Yes, I'm afraid you do.

Customer:

I dont have to send the witness statement I assume?

tdlawyer :

It's the proper way to make an application, but it amounts to the same thing in some ways as sending a letter because you're asking the court to deal with it without a hearing anyway.

tdlawyer :

You can fill in the back of the N244, you don't need to do a witness statement.

Customer:

what does it mean, "to deal with it without notice"

tdlawyer :

It means the Court will not serve the papers on the other side (since they agree anyway) and will deal with it without a hearing.

tdlawyer :

It's just like writing a letter - only, it triggers the requirement to pay the fee.

tdlawyer :

Which you knew about at £45.

Customer:

I see. How long does the setting aside process take from when they get the application?

tdlawyer :

Depends on your court, but usually, probably about 2-3 weeks max.

Customer:

okay and final question, I assume I must post this, I cannot do it electronically

tdlawyer :

You cannot post it as the fee is required. The Rules say you cannot take any step in proceedings electronically which requires payment of a fee.

tdlawyer :

If it is urgent, you can ask for it to be expedited, and say this in your application notice.

Customer:

I dont quite understand, I cannot post it with the cheque?

tdlawyer :

You can post it yes. You just can't file it electronically.

tdlawyer :

In fact, you must post it.

Customer:

ok fine I will post it, I was a little confused because you wrote, "you cannot post it as a fee is required" earlier.

tdlawyer :

Sorry, my fingers are going too fast for my brain.

Customer:

Well that's great, I will ask for it to be expedited. What I have been worried about is the solicitor sitting on it and it not going out for days.

tdlawyer :

Ah, I see. .... well, in that case, you're right, the best thing is to do it yourself if you've got a slow solicitor!

tdlawyer :

It's not difficult to do, so this type of thing you could do yourself without worrying too much.

Customer:

She works fast but I will know for sure it's gone if i do it myself.

tdlawyer :

True!

Customer:

Thanks for all the advice, Hopefully I should be fine now.

tdlawyer :

Thank you for your question. I hope you have a great weekend. If you do need any further information, just let me know, anytime.

Customer:

ok, thanks

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
tdlawyer and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice