Creditor demanding I sign a Consent Order....please help!

[rachelsmith]

Hi,

I have a debt with Capquest. They originally managed to get a default judgment however I made an application and had it set aside as they hadn't provided me with any information etc. The District Judge at the application recommended that we go through mediation to come to an agreement.

I contacted the mediation people they suggested and never heard back. In the meantime somehow (I'm not sure how or why when we were supposed to be going to mediation) the paperwork got before another DJ who decided that my defence of Statue barred wouldn't work as I had made a payment within the 6 years from when Capquest made the original application for judgment and suggested we make an arrangement but also made a date for another hearing for some reason....

Fast forward to several very aggressive letters from Capquest reminding me that the DJ said my defence wouldn't work. I sent a proposal to them to make an arrangement and have now received a letter from them saying they will accept my proposal and I must sign a Consent Order.

As there is currently no actual Order relating to this debt I was of the impression that I would be making an arrangement outside of the Court proceedings. Am I required to sign this Consent Order and is that not a backdoor way of getting a CCJ against me when the original one was set-aside? There is a Court hearing set for the beginning of May (again I'm not sure why this particular DJ has a bee in his bonnet and is insisting on all these hearing dates) and I thought that if I made an arrangement with Capquest they would simply ask for that hearing to be vacated.........

Please can anyone help, I don't want a CCJ registered against me or this hanging over my head, I thought it was all done and dusted when the original Order was set aside and now this constant badgering from the Court and Capquest is making me ill.....

Thanks in advance.

Rachel

[nemesis45]

Re: Creditor demanding I sign a Consent Order....please help!

Good morning Rachel,

A consent order also known as a Tomlin Order, is designed to give the parties a chance
to reach a mutually acceptable agreement on resolution of the claim.

The order if made to laydown what repayments are required and the frequency and
once signed by both parties and sealed by the court is Binding on Both Parties and
No CCJ is registered.
As long as the agreed payments are maintained no further action will be taken, but
failure to maintain the agreed payments will result in the creditor applying for summary
judgement.

Your offer Must be reasonably affordable and sustainable.

nem

[rachelsmith]

Re: Creditor demanding I sign a Consent Order....please help!

Hi nemesis45,

Thanks for your response.

If I sign this order I understand there isn't a CCJ registered against me but isn't it just an easy way for Capquest to forego having to start new proceedings as the first ones were set aside?

I don't intend to default but I know Capquest and their dirty tricks and I'm sure somewhere along the lines they'll find some way of applying for summary judgment immediately and then I will have a CCJ.

The first DJ set the Order aside because of Capquest ignoring my letters and requests for information and because I suffer from depression etc. Unfortunately this second DJ seems a bit more biased towards the creditor...... However am I within my rights to demand that the arrangement be in writing between myself and Capquest but NOT within a Consent Order at the Court, effectively meaning that if I default Capquest would have to start new proceedings...? If I go back to Capquest with this are they going to insist the hearing go ahead as there is no way I can cope with attending a hearing........

Thanks

[wales01man]

Re: Creditor demanding I sign a Consent Order....please help!

you can only make that offer to Capquest to avoid a tomlin order probable they may want the order .

Your choice accept the order or fight a CCJ and maybe lose

[nemesis45]

Re: Creditor demanding I sign a Consent Order....please help!

As Wales, says, there are risks both ways.
It is possible to insist that summary judgement will not be sought if a payment
is less than a month late or something similar.
nem