Solicitors agreement to set aside a judgement

[Mickhen]

I had a writ served on me, I spoke to the claimants solicitors and said that I would pay the court fees, solicitors fees and the claimants bill if they would agree to set the judgment aside by mutual consent.
I explained that I had a strong case to get the judgement set aside but I don't want to go to court but would like the CCJ removed from my record.
The solicitor said I had no grounds and they would be credit washing if they agreed to this, they told me to go a speak with the Enforcement Agents.
I have ended up paying the extortionate fees to the EA, but have now received a hearing date from the courts.
The solicitors have now contacted me and agreed to set judgement aside, has the forth coming court date had any bearing on the solicitors position ?

[ploddertom]

Re: Solicitors agreement to set aside a judgement

The solicitors have now contacted me and agreed to set judgement aside, has the forth coming court date had any bearing on the solicitors position ?

Of course they are worried. If you get Set Aside all monies you have paid including EA fees have to be repaid to you. Obviously the EA wants paying for the work he has done and therefore makes the Claimant liable for them. So now not only has the original sum they took you to Court for been paid back but they are also saddled with all the costs as well. In reality they should have been sure of their facts before starting out on this.

[Mickhen]

Re: Solicitors agreement to set aside a judgement

Thanks Ploddertom,
So the way I now understand it is If I just let this run it's course I go to court and if successful I will get costs awarded to me !
If I accept the solicitors offer to agree to set aside, I signed the document they submit it to the courts and there is no hearing and subsequently they don't have to worry about having pay any costs, correct?

[ploddertom]

Re: Solicitors agreement to set aside a judgement

The costs you can ask for may only be minimal such as:
Court Fees
Travel costs
Loss of earnings for the day - capped at £90 I think

Having gone this far under your own steam and providing you are quietly confident of success then I would let it run its course. You have tried to be reasonable in the past to which they have ignored so in my view they will deserve everything that comes their way. On the other hand if you accept at this late stage then only do so on the understanding they will refund the EA fees as a minimum.