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Is this consent order valid after n244

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  • Is this consent order valid after n244

    Hello,
    I have received a consent order from the solicitors representing the claimant regarding a claim that was sent to the wrong address. I now have a ccj on my credit file which I’m really hoping to have removed as it will impact my job and relationship for that matter.
    The ccj concerns a debt of £2100 that I paid into up until 2020. I have already submitted and paid for the n244 form applying to have it set aside, and now 2 months later (and after lots of emails) the claimants have agreed to consent to having it set aside.

    I’ve read some horror stories of judges rejecting consent orders so I wanted to ask if this one is valid?

    the solicitor also wrote the below so I’m wondering if there’s anything else I need to do afterwards e.g. do I need to complete a new n244. Also, I have been ordered to pay within 14 days but how will I know that the consent order has been sent?

    “Upon receipt of the signed order, we will arrange for this to be countersigned (a copy will be provided for your record) and then arrange for the countersigned order to be lodge with the Court for consideration and approval.”
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  • #2
    Para. 1 on the Tomlin Order is wrong and liable to be sent back. The court cannot order you to withdraw your application, that should be in the Schedule if anything. Also in para. 4 of the Schedule it says you agree to pay £2,367.80 which is higher than the amount in para. 1, so that seems odd. I personally wouldn't agree to para. 4 as there may be a good reason why payment was not made and also it means you are waiving any right to a defence and allowing them to enter judgment.

    However, that's your choice given that you are looking to get rid of the CCJ you may want to suck it up assuming you can repay the amount agreed within 14 days.


    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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