Consent order correct?

[Guest]

Hello,

I am writing a new topic as it is has changed from my previous issue.
The claimant has sent me a consent order for me to sign and they will be issuing it to court. Could anyone look at the wording to see if it fine to sign?
The reason for setting aside is that the claim form was not delivered to the address due to post issues, it was refused at the concierge so I did not recieve it. I have a receipt of this from the court.
The claimaint is asking for the full payment to be made first before sending the consent order to court, and does not want to change the payment to after if it is approved. Would this be a risk to me?



-UPON the Defendant having paid the Claimant the sum of (redacted total) in full and final
settlement.

-UPON the parties agreeing that the Defendant did not receive the claim form.
-UPON the parties agreeing, notwithstanding the above, that sufficient evidence has arisen that indicates that
it is more likely than not that the Defendant was not in receipt of the claim form and therefore was not in a
position to respond.
-AND UPON the parties agreeing that, had the claim form been received, the Defendant would have
responded to this and taken steps to satisfy the debt immediately, this amounting by virtue of authority of
Melvin Godwin v Swindon borough Council [2002] WLR 997 to a good reason to set the Judgment
against the Defendant aside pursuant to CPR 13.3 (1)(b)(i).

-BY CONSENT IT IS ORDERED THAT:
-1. The Judgment entered against the Defendant on (date) be set aside.
-2. The claim and all associated proceedings be dismissed.
-3. There be no order as to cost.

Thank you,

[echat11]

dslippy


a) the thing is that it's for the Judge / Court to agree to the set-a-side, although it's been consented to by the Creditor doesn't mean it will be granted,

b) the normal practice is for payment to be made after it's been set-a-side,

c) what if you pay and they don't send the consent forms? (I'm not saying they will do that).

I don't understand there insistence in payment ahead of sending the forms to the Court.

It might be possible to lodge the money with a third party, so you can show you are committed to making the payment.

Aside, the Consent Order itself looks fine.

[Guest]

dslippy


a) the thing is that it's for the Judge / Court to agree to the set-a-side, although it's been consented to by the Creditor doesn't mean it will be granted,

b) the normal practice is for payment to be made after it's been set-a-side,

c) what if you pay and they don't send the consent forms? (I'm not saying they will do that).

I don't understand there insistence in payment ahead of sending the forms to the Court.

It might be possible to lodge the money with a third party, so you can show you are committed to making the payment.

Aside, the Consent Order itself looks fine.

echat11
Thank you for your reply. I understand that it may be rejected by the court, so hopefully the evidence is enough for them.
I have asked if they could change the payment to after the courts decision, however they insist that it must be before they send it to court. It seems that I have to believe that they will send it to court... Once we have signed the consent order, could it be possible that they don't file it to the court?

[atticus]

Is the other party represented by solicitors?

[Guest]

Is the other party represented by solicitors?

Yes they are represented by a solicitors (called P D C law). I am in contact with them rather than the claimant.

[atticus]

You may ask the solicitors to give an undertaking that on receipt of payment they will lodge the signed consent order with the court.

Check this is a firm that is registered with the Solicitors Regulation Authority.

[Guest]

You may ask the solicitors to give an undertaking that on receipt of payment they will lodge the signed consent order with the court.

Check this is a firm that is registered with the Solicitors Regulation Authority.

Thank you for the advice.
I checked the Solicitors Regulation Authority website and can see that they are registered.

Would you say that the consent order should be edited to reflect the signed consent order to be sent upon receipt of of payment? Or can this be evidenced via an email exchange?

[echat11]

echat11
Thank you for your reply. I understand that it may be rejected by the court, so hopefully the evidence is enough for them.
I have asked if they could change the payment to after the courts decision, however they insist that it must be before they send it to court. It seems that I have to believe that they will send it to court... Once we have signed the consent order, could it be possible that they don't file it to the court?

I can't see any reason why they would, but you can never tell.

Ask them to add that to the Consent Order, so 'once payment has been made, XXXXXXX will send the Consent Order to the Court so it can be set a side'.

[atticus]

The order can be changed to record the undertaking.

[Guest]

The firm ended up changing their terms after the phone call we had. They requested us to pay first, THEN they will sign it and file it to the court. And they would not let us change the consent order. They are so inflexible.

I ended up paying first as there wasn't any other options - luckily they did file it with the court in the end.

Thank you both echat11 and atticus for the advice throughout! Will update with the court outcome when it comes out.