Terms of the consent order..... Any help highly appreaciated

[R0b]

That Tomlin Order doesn't say the default judgment is set aside so it doesn't make sense to me. If no proceedings have taken place, you can't stay something which doesn't exist. If you submitted an application to set aside then only those proceedings would be stayed from what I understand.

If you want to agree a Tomlin Order then as far as I can see, it needs to include that the default judgment given on X date under claim no. X be set aside THEN you say that all further proceedings are stayed upon the terms agreed by the parties.

What they have drafted just doesn't make sense but its up to you, you've changed the goal posts a number of times I've lost track to be honest.

[R0b]

The Tomlin Order should read something like the below.

UPON an application made by the Claimant by notice dated <insert date> to set aside the default judgment entered on <insert date> under the claim number <reference>.

AND the parties having agreed terms of settlement

BY CONSENT IT IS ORDERED THAT:-

1. The default judgment is hereby set aside (claim number <insert>).

2. Having agreed to the terms set out in the schedule hereto, all further proceedings in this matter be stayed except for the purpose of carrying such terms into effect;

3. The Claimant be at liberty to apply for judgment to enforce the terms of the order;

4. There be no order as to costs.


Dated this day of 2019

We agree to an Order in the above terms.

………………………………. ………………………………


SCHEDULE

1. This Schedule records the terms agreed between the parties in full and final settlement of the claim under claim number XXXXXXXX

2. The Defendant do pay to the Claimant the sum of £850.49 (the ‘Settlement Sum’) in full and final settlement of the claim by way of a singular payment of £850.49 (the ‘Payment’).

3. The Payment is to be received within one month of the sealed Order.

4. In the event of default by the Defendant in making any of the said payments by the dates agreed, the whole outstanding debt shall become immediately due and the Claimant shall be at liberty to enter Judgement for the balance outstanding at the date of default.

5. Upon payment of the above mentioned sums and costs the Defendant be discharged from any further liability in respect of the Claimant’s claim herein.

[Fizzy888]

......

[Fizzy888]

update: the claimants have agreed to include the point you mentioned in your previous post re; default judgement be set aside.

[Fizzy888]

Hi Rob, could you kindly advise if i should sign the Tomlin order and send it to claimants?

[R0b]

I can't advise on you whether you should sign the Tomlin Order, that's entirely up to you. I was merely pointing out that the TO didn't cover the judgment to be set aside, if they have now incorporated wording to that effect then it gives you more cover and means the CCJ should be removed.

If you are happy with the terms of the TO then go ahead and sign it, otherwise don't.

[Fizzy888]

Thank you Rob.

i AM happy with the TO as it serves both purposes 1) sets aside judgements 2) settles the matter.

Again very grateful for you kind advice. thank you!

[Michilli26]

Hello,
I have seen there are some really good replies on this thread. Just wondering if someone can help me asap with the conditions / procedure of gaining the set aside with consent order and payments.

I have emailed the claimant and had a positive response where they agreed to give their consent and directed me to their solicitors (Gladstones) for the paperwork. I phoned Gladstones as per the instructions whereby they instructed me I needed to pay the £100 consent order fee and £100 fine (this was what I had offered to pay in order to set aside and settle the PCN in full).
I am more than happy to pay this however they instructed that I needed to pay this £200 upfront and then they would send me an email consent order a few days later. This did not sit well with me as I am wanting to set aside a CCJ and do not want a satisfied CCJ and therefore I did not think this is correct to pay the fine before the processing of the set aside.
Alongside this, they refused to email me any sort of contract of terms and conditions or draft order so I do not have their consent and proof that they have agreed to give me this once I make payment
They also instructed me that they will file the N244 form whereby I wanted to send this myself and make the payment.
Is this okay to allow them to send the N244 form if I pay them only the £100 and hope they then provide the consent order? Or should I gain a drafted consent order before making any payment? I emailed again asking for this on Friday 8th and have still not had any response and I am aware I need to act promptly.

Any advice would be much appreciated R0b

Additional:
After the phone call, I emailed Gladstones stating I wanted a draft consent order before payment otherwise I would proceed without consent (That is in short/basic form, the email was longer). - 1 week later and still no response.
I forwarded the email to One Parking Solution stating I had no response who then instructed Gladstones to respond and Gladstones have phoned me again today to discuss. I feel like they are avoiding any type of written contact. Before I phone back I want to be clear how to proceed and confident in what my rights are with this.