Consent Order Form

[Hamish12]

Some advice please,

I have sent a defence to the courts of a CCJ action as I had no knowledge or papaerwork of the debt. Meanwhile Stepchange have sent a payment to them so they must have had a request and the company has now written saying that action has been suspended for a month to let them get the papers together and offered a consent order and if I sign it they will let the court known an amicable arrangement has been entered into.


Does a debt company not send papers of proof of the debt at the time of arranging court action ? and if I sign a consent order is that not an admission that I acceopt the debt.

I really don't want a CCJ so any advice as to how to proceeed would be gratefully received .

[Diana M]

Re: Consent Order Form

How long ago did you file your Defence?

It'll be helpful to know the current status of the claim such as whether it's stayed or whether the Claimant is trying to get you to sign a Consent Order before the 28 day window expires for them to inform the court if they intend to continue with the proceedings.

What is the claim for (credit card, loan, HP, phone account etc) and how much is it because that information will give clues as to whether you should battle on or throw in the towel at this point?

Post/type up the Particulars of Claim (removing anything which could identify you) so it's clear what is being claimed and why they think they have the right to claim it.

Also please say what was the gist of your Defence to the claim.

Di

[Hamish12]

Re: Consent Order Form

How long ago did you file your Defence?

It'll be helpful to know the current status of the claim such as whether it's stayed or whether the Claimant is trying to get you to sign a Consent Order before the 28 day window expires for them to inform the court if they intend to continue with the proceedings.

What is the claim for (credit card, loan, HP, phone account etc) and how much is it because that information will give clues as to whether you should battle on or throw in the towel at this point?

Post/type up the Particulars of Claim (removing anything which could identify you) so it's clear what is being claimed and why they think they have the right to claim it.

Also please say what was the gist of your Defence to the claim.

Di

Thankyou for the response

I filed the defense last month and received a letter from the DCA saying

Quote

We enclose a copy of the Claimants Directions Questionnaire ( small claims track ) by way of service. A copy of this questionaire has been sent to the court.

Please be advised that we have made a request to the court tom place the proceedings on hold for a period of one month to enable further enquiries to be undertaken to retrieve information you have sought in your defence.

Int eh meantime we not a payment of £31.21 has been received via Stepchange debt charity. In light of this payment please confirm whether you will now withdraw your defence. If it is your intention to withdraw your defence we can arrange for a consent order to be drafted and signed by the parties to reflect the parties have reached an agreement. We look forward to receiving your clarification as soon as possible.


They are saying I owe for a HalifaX o/d from about 10yrs ago and I know I had a credit card from them but don't remember an O/D.


I'd rather pay this via Stepchange than risk a CCJ but Iwant proof I actually had an O/D with Halifax The a mount is £3900

[Diana M]

Re: Consent Order Form

Before deciding what to do next I would send a s 77-79 CCA Request to the Claimant and a CPR 31.14 Request to the solicitors.

I say a s 77-79 CCA Request because at the moment the Claimant may not know what the original debt was so don't give them any clues. However I don't know what you've pleaded in your Defence yet.

Who is the Claimant and who are the solicitors? Debt purchasers and their solicitors all litigate in different ways so it helps to know the personalities involved first.

Di

[MIKE770]

Re: Consent Order Form

CCA Request || CPR 31.14 Request ||

[Diana M]

Re: Consent Order Form

Thankyou for the response

I filed the defense last month and received a letter from the DCA saying

Quote

We enclose a copy of the Claimants Directions Questionnaire ( small claims track ) by way of service. A copy of this questionaire has been sent to the court.

Please be advised that we have made a request to the court tom place the proceedings on hold for a period of one month to enable further enquiries to be undertaken to retrieve information you have sought in your defence.

Int eh meantime we not a payment of £31.21 has been received via Stepchange debt charity. In light of this payment please confirm whether you will now withdraw your defence. If it is your intention to withdraw your defence we can arrange for a consent order to be drafted and signed by the parties to reflect the parties have reached an agreement. We look forward to receiving your clarification as soon as possible.


They are saying I owe for a HalifaX o/d from about 10yrs ago and I know I had a credit card from them but don't remember an O/D.


I'd rather pay this via Stepchange than risk a CCJ but Iwant proof I actually had an O/D with Halifax The a mount is £3900

You need to be careful that any payment made by StepChange (acting as your agent) isn't considered an admission of the claim resulting in a CCJ.

Could this be why they have asked you to withdraw your Defence?

I'm also not sure what is meant by Paragraph 2 of their letter. Have you also received a DQ and have you filed it at court?

Di

[Hamish12]

Re: Consent Order Form

You need to be careful that any payment made by StepChange (acting as your agent) isn't considered an admission of the claim resulting in a CCJ.

Could this be why they have asked you to withdraw your Defence?

I'm also not sure what is meant by Paragraph 2 of their letter. Have you also received a DQ and have you filed it at court?

Di

I have received and sent back to the court a DQ, it was asking if I wanted mediation for the claim and it to be a small track claim. The Company is Idem servicing using their own litigation department. They do know who the debt they are chasing is for as the court claim said Halifax O/D .