CCJ Consent Order Help Please

[newbie007]

First of all i want to say thanks to this forum. It has helped me in the past, especially R0b

I had two consent orders for CCJ's that i never received that were dismissed as a result of this wonderful forum and wonderful people on here going around trying to help us people!

I am now in a situation in which i am trying to get a CCJ removed by consent. The company are playing hardball and after going back and forth they have told me to write and send a consent form in and then they will decide whether they sign it. A bit of background on the CCJ. It is from 2016 (i know a long time ago). I have no claims about not receiving it as i did. I was just in an unfortunate position back then in which i had no to bury my head in the sand. The amount is around 2000 which is still unpaid.

I received a letter from the debt company offering me 300 for full and final settlement but i went back to them saying i will pay the full 2000 if they agree to consent and remove the CCJ. They said no first as they did not think it would pass but after going back and forth i told them they had nothing to lose and i will pay the court fee and its all on my risk. I told them it made no sense they were willing to accept 400 instead of 2000. In the end they told me to write a consent form and IF they agree they will sign.

I have never done a consent form and ive used a template i got from this forum and through my other consent forms which the solicitors did on behalf of me.

UPON the parties having agreed to the terms set forth in the annexed Schedule

BY CONSENT IT IS ORDERED THAT:

(1) The judgement entered against the Defendant on 15th August 2016 be set aside

(2) All further proceedings in this action be stayed upon the terms set out in the Schedule between the Parties dated 29th November 2019, expect for the purpose of carrying such terms in effect

(3) Each Party shall have permission to apply to the Court as to carrying such terms into effect

Date & Signature

SCHEDULE

1) The Defendant shall pay to the Claimant the sun of 2000 no later then 28 days after the consent order has been approved

2) The Court Filing Fee of 100 has been duly paid by the Defendant of the Claim

3) In the even the Defendant defaults on the terms set out in the Schedule, the parties agree that the Claimant shall be at liberty to enter Judgement forthwith against the Defendant

4) No further claims shall arise from this matter

5) No order as to Costs

A few questions:

1 - Can you check the consent form? Is this OK? Have i missed anything? Do i need to add anything or word anything different?

2 - Do i need to send an application to set aside with this (N244) My previous company did not send it and it was accepted. But the other one did send it and that too was accepted

3 - Is there anything else i need to add to this letter to send? Can i email it to the court or post it? How do i pay the fees? Online or with a cheque in the post?

Any advice is much appreciated

[newbie007]

Any help much appreciated as i am against the clock

[newbie007]

I need to get this sent my tomorrow evening. Appreciate everyone is busy on a weekend especially nearing holiday seasons but any help will be deeply appreciated

[ploddertom]

In my view you are on to a loser as you have no valid defence against the original CCJ and seem to be suggesting you want to circumvent the Court process.

[newbie007]

Hi, thanks for your reply. I realise my chances are slim but for me the worst that can happen is i will be in the same position as i am now.


I also like to note that from what i have heard i do not need a defence if it both parties agree a consent order. It is just merely a consent from both parties to remove the CCJ. The rest is up to the judge. I have been told i do not need to put any information regarding and circumstances or defence if both parties agree to a consent order.

[newbie007]

anyone please?

[newbie007]

any advice?

[jaguarsuk]

You will need to apply, so what reason are you going to give on the N244 form, bearing in mind the court will serve that form on the Claimant?

You say there has been back and fourth, that delay in itself could mean you are on to a loser. You are required to apply promptly after discovering a judgement to set it aside, which if you had grounds to you would have, except you don't have actual grounds and so back to my first question.

Personally I'd have taken the 300 offer and dealt with the 3 more years of it on my credit file. Either way now they know you can pay the full 2,000 and so that's what you are going to be paying

[newbie007]

I have heard that you do not need to send a N244 form with a consent order. In my previous two cases i had a consent form set aside (recent CCJS) one of the companies fill the application and the other sent it to the court with no application form and both got approved. I believe its at the discretion of the judge to accept a consent form with an application so if all goes ahead i will send the consent form without an application.

On your second point i also believe you do not need to give a reason on the N244 form if both parties agree by consent. This is the advice i was given on this forum from rob on another thread.*

[R0b]

The general rule is that if you are asking the court to do something, then it needs to be accompanied by the applicble form, unless the Civil Procedure Rules say otherwise.*

You can of course send the Consent Order on it's own but don't expect the court to do the work for you as it won't know what the consent order relates to and all they will see is a judgment on the system, hence the need for the N244 form to be accompanied to explain what you are asking the court to do. Most likely, the Consent Order will be returned or you will be asked to provide the N244.*

[newbie007]

Many thanks for your reply. Is my consent form worded ok for what i want? If i filled out the N244 form - do i need to give any reason on there other then both parties have consented*

[R0b]

I'm not sure that's a consent order pe se, it looks like a mash up of a Tomlin Order, which is essential part Consent Order part contract with the contract part being in the form of a schedule. As the Schedule is a contractual arrangement the court does not need to approve this, hence why you put in the Consent Order words such as "proceedings be stayed except for carrying such terms into effect."

The Schedule also does not need to be annexed to the Tomlin Order in County Court cases.

If you are looking for a Tomlin Order then it should be set out like below:

Upon an application filed by the Claimant to set aside a default judgment

And the parties having agreed to the terms set out in a confidential schedule dated [insert date], copies of which are held by the parties or their respective solicitors.

BY CONSENT IT IS ORDERED THAT

1. The default judgment dated [insert date] (Claim No. XXXXX) be set aside.

2. All further proceedings in this action be stayed except for the purpose of carrying such terms into effect.

3. There be liberty to apply to carry such terms into effect and, for that purpose, the parties have permission to apply.

4. No order as to costs.

Then in your Schedule you will have your agreed terms.

Schedule to Tomlin Order dated [insert date] between [Claimant] and [Defendant] under claim number [insert claim number].

1.The Defendant shall pay to the Claimant the sun of £2000 no later then 28 days following the date that the Tomlin Order has been sealed. The terms of this agreement shall be in full and final settlement of all claims that the Claimant may have against the Defendant arising out of the subject matter of this claim.

The rest of the points in your Consent Order and Schedule are not relevant or applicable or necessary.

[newbie007]

Thanks for the reply. I have no idea of the difference between a tomlin order or a consent form.

I am more confused. Which is better for me? Tomlin or Consent order? Which has more chance of succeeding in my case

[R0b]

If you don't know something, google it and you'll likely get a sense of what it means. A Tomlin Order is a form of Consent Order that allows you to agree to terms outside of the Consent Order and stay proceedings to enable both parties to comply with those terms, usually in a Schedule. The terms in the schedule normally go beyond what a court can legally order a party to do but also can be used as a shield of confidentiality because the public can be entitled to access documents in a case.

Just stick to the Tomlin Order and you won't confuse yourself or have it sent back telling you the court has no power to order what you've agreed.

Seems like I must have deleted half of my last post because I did add more content to the Schedule of the Tomlin Order as well as the Consent Order, so here it is in full n example of how you might want to set it out. Some of the stuff you originally put in about costs etc. was not really necessary.

Consent Order

Upon an application by the Defendant to set aside a default judgment

AND upon the parties having agreed to the terms set out in a confidential schedule dated [insert date], copies of which are held by the parties or their respective solicitors.

BY CONSENT IT IS HEREBY ORDERED:

1. The default judgment pursuant to claim number XXXXX is set aside.

2. All further proceedings in this claim be stayed except for the purpose of carrying such terms into effect.

3. There be liberty to apply to carry such terms into effect and, for that purpose, the parties have permission to apply.

4. No order as to costs.

Schedule to Tomlin Order dated [insert date] between [Claimant] and [Defendant] under claim number [insert claim number].

1. The Defendant shall pay to the Claimant as agreed damages the sum of [insert amount] to be paid no later than 4.00pm 28 days after the date that the Tomlin Order has been sealed.

2. The above sum shall be in full and final settlement of any claim which the Claimant has or may have against the Defendant arising out of or in connection with the existing money claims proceedings (claim number XXXX) and the underlying facts relating to those proceedings.

3. This Tomlin Order is entered into in connection with the compromise of disputed matters and it is not, and shall not, be represented or construed in any manner whatsoever, as an admission of liability or wrongdoing on the part of the Defendant.

[newbie007]

Many thanks for your reply ROB. I did try googling all this stuff about tomlin order and consent form but it honestly goes over my head. I just end up getting more confused.

Really appreciate your re-draft for the consent order. If i send that re-draft for the company to sign and send it to court would that be sufficient enough? I will add a N244 form if required but i assume i do not need to put anything on the application other then both parties have consented?