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Hi all,
Looking for some guidance on closing off a County Court claim that’s already been settled and paid.
Background
Settlement
On 30 October 2025, the Defendant’s solicitor (Arnold Clark’s in-house counsel) agreed in writing to pay £31,000 in full and final settlement of these proceedings, inclusive of the issue fee and interest.
Payment was made and received on 31 October 2025.
At the same time, the Defendant’s solicitor agreed the wording of a draft Consent Order, which stated:
Current problem
The Defendant has now changed position and refuses to sign the previously agreed draft unless a new clause is inserted:
They are also suggesting that, if I don’t agree, the claim should instead be discontinued, saying they will “undertake not to seek costs.”
My concern
From my reading of the Civil Procedure Rules (CPR):
I have the full email correspondence confirming both the settlement and the agreed wording.
There’s no breach and no money outstanding – I just need the court record to show the claim as concluded.
Where I’m stuck
The case is now “offline” with CNBC, so the OCMC portal is no longer relevant.
I simply need to know the correct procedural step to have the claim marked as closed when one party now refuses to sign the agreed Consent Order.
Has anyone dealt with this before – especially where the defendant tries to switch to “discontinuance” after already agreeing and paying a settlement?
Any insight or example wording that’s worked for others would be hugely appreciated.
Thanks in advance,
Looking for some guidance on closing off a County Court claim that’s already been settled and paid.
Background
- Claim originally filed via OCMC Pilot, now continuing “on papers.”
- Although pre-allocation, it would likely be an Intermediate Track claim.
- Stage: post-DQ, pre-allocation – case has been transferred offline to CNBC Northampton.
- Claim basis: breach of contract / misrepresentation under the Consumer Rights Act 2015 (rejected Vauxhall Vivaro Life).
Settlement
On 30 October 2025, the Defendant’s solicitor (Arnold Clark’s in-house counsel) agreed in writing to pay £31,000 in full and final settlement of these proceedings, inclusive of the issue fee and interest.
Payment was made and received on 31 October 2025.
At the same time, the Defendant’s solicitor agreed the wording of a draft Consent Order, which stated:
“Accordingly, we will conclude the matter by Consent Order to ensure absolute legal certainty. The Order will record that:
• The Defendant has paid £31,000 (inclusive of the court issue fee of £1,492.71) in full and final settlement of these proceedings; and
• Each party shall bear its own costs, save as to the issue fee.”
• The Defendant has paid £31,000 (inclusive of the court issue fee of £1,492.71) in full and final settlement of these proceedings; and
• Each party shall bear its own costs, save as to the issue fee.”
Current problem
The Defendant has now changed position and refuses to sign the previously agreed draft unless a new clause is inserted:
“…and all matters relating to the Vauxhall Vivaro Life, registration [WO21 EJK].”
That wording materially widens the scope of the settlement beyond “these proceedings.”They are also suggesting that, if I don’t agree, the claim should instead be discontinued, saying they will “undertake not to seek costs.”
My concern
From my reading of the Civil Procedure Rules (CPR):
- A Notice of Discontinuance would normally make the claimant liable for the defendant’s costs under CPR 38.6, regardless of any informal “undertaking.”
- A Consent Order is the proper way to record that a claim has been settled and to have it formally dismissed once payment has been made.
I have the full email correspondence confirming both the settlement and the agreed wording.
There’s no breach and no money outstanding – I just need the court record to show the claim as concluded.
Where I’m stuck
The case is now “offline” with CNBC, so the OCMC portal is no longer relevant.
I simply need to know the correct procedural step to have the claim marked as closed when one party now refuses to sign the agreed Consent Order.
Has anyone dealt with this before – especially where the defendant tries to switch to “discontinuance” after already agreeing and paying a settlement?
Any insight or example wording that’s worked for others would be hugely appreciated.
Thanks in advance,
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