Consent Order Recieved before Court Hearing

[cheekymonkey1971]

I have a Court Hearing on Friday 27th February regarding a CCJ that I know is Statute Barred. Today, I recieved an email from the Solicitors of the Debt Management Company with a Consent Order attached. It states -
1 - Judegement to be set aside
2 - The Registration Entry be cancelled
3 - The Defendant to file and serve full particulars of a defence within 28 days
4 - If the Defendant fails to comply with paragraph 3, the judgement will be reinstated
5 - Upon the defendant complying with paragraph 3, all further proceedings will be stayed for 3 months
6 - There be no order as to costs.

They have emailed me the attachment and want a signed copy sent back to them by tomorrow (26/02/2015) the day before the hearing. They also want me to notify them if I am attending the hearing.

They have stated that upon reciept of the signed Consent Order, they will endorse the same and send it to the Court requesting it be sealed.

Can anyone help me understand what this all means? I thank you in advanced for any help you can offer.

[Amethyst]

Re: Consent Order Recieved before Court Hearing

Okay, maybe go back a little and explain the debt and why it is statute barred.

You've submitted a set aside application to court with a draft defence. There is a hearing which they don't want to attend and instead want to agree to the SA.

The consent order is basically;

The claimants are agreeing to the set aside and it will be removed from the register.

You then need to put in your full defence

The case will be on hold for three months. ( not sure why and I'd be inclined to refuse that part of the consent order and allow the case to continue through the courts )

If you don't put in your defence they'll put the Judgment back on.

[cheekymonkey1971]

Re: Consent Order Recieved before Court Hearing

Hi Amethyst, thank you for your response.

The debt is for an online catalogue and in the 6 years, I have never recieved a letter etc from them. The original CCJ paperwork went to my old address and I have submitted in my defense that my new address is on the Electoral Role so they could have searched for it. The debt is also Statute Barred. I made the request for the original credit agreement and statement of accounts but never recieved them.

So should I leave the Consent Order and discuss it at the hearing on Friday? Should I contact the solicitors and inform them that I will be attending?

[Amethyst]

Re: Consent Order Recieved before Court Hearing

No you should respond to the consent order. It will save the costs of a hearing, which is a set-aside application hearing; so you can agree the consent order other than the 3 month stay. Maybe something along these lines;


1 - Judgment to be set aside
2 - The Registration Entry be cancelled
3 - The Defendant to file and serve full particulars of a defence within 28 days
4 - If the Defendant fails to comply with paragraph 3, the judgement will be reinstated
5 - Upon the defendant complying with paragraph 3, the claimant will respond to the defence within 28 days.
6 - If the Claimant fails to comply with paragraph 5 the claim will be struck out.
7 - Upon the Claimant complying with paragraph 5, the case will be listed for hearing the next available date.
6 - There be no order as to costs.


You'll have to contact the claimants and negotiate that though.

If you aren';t actually 100% the debt is stat barred - you may prefer to stick with the 3 month stay though and hope they just burger off.