CCJ filed via an address I have never lived at

[Micky10]

duplicate.

[Micky10]

It would yes, but the court cannot order a party to discontinue the claim, rather they would need to file a notice of discontinuance.

The reason why they are asking for a consent order is because if they file a notice of discontinuance then they will be liable to pay you costs. I also presume they haven't bothered to file a detailed particulars of claim as required from the previous order of the court.

If I was in your shoes, I would be telling them that the Consent Order is invalid as a court cannot order a party to discontinue a claim, and they should instead file a notice of discontinuance. You could otherwise sign the consent order but don't be surprised if it gets sent back to the claimant telling them it is not a valid order that the court can make.

With regards to the claimant being liable to paying me costs should they file a notice of discontinuance, is that with reference to the N244 application fee I paid please or is it to do with something else? I did not sign the Consent Order but I did respond to their email as thus:

“I understand that a court cannot order a party to discontinue a claim and therefore the Consent Order may be invalid and they would require you to file a notice of discontinuance instead.

If I sign the Consent Order, it is highly likely that the Court would send it back to you letting you know it is not a valid order that the court can make.

So in order to save further time and costs, I would suggest you file a notice of discontinuance. Do let me know what your thoughts are”

The Claimant hasn’t responded to this email yet and I wanted to know if I stand to lose anything by not signing the Consent Order to discontinue the claim and if I will indeed not incur any costs going forward. I honestly wouldn’t mind if the £255 doesn’t come back to me for so long as the case can be closed by me signing their attached Order. I just don’t want the claimant to waste my time anymore.

Many thank in advance with your response.

[Micky10]

Hi everyone,

Please see the attached.

After signing the Consent Order, the claimants claim has now been discontinued. Thank you all for your support, very much appreciated.

I was meant to file for my defence on 24 November 2020, but I got a response of the ORDER attached from the court today. I guess the case has now been closed and I don’t need to do anything else?

[Micky10]

Hi everyone,

Please see the attached.

After signing the Consent Order, the claimants claim has now been discontinued. Thank you all for your support, very much appreciated.

I was meant to file for my defence on 24 November 2020, but I got a response of the ORDER attached from the court today. I guess the case has now been closed and I don’t need to do anything else?

Celestine Do I need to do anything else please? Thank you.