Consent order

[Viv77]

Hello,

I have recently won a CCJ set aside court case for a debt that was statute barred. The solicitors of the claimant have now sent me a Consent Order to sign saying that the debt was in fact statute barred and that the claim against me will be discontinued, and there be no order as to costs. They want me to return the form to them so they can forward to the Court. I was just wondering if I could counter claim for the costs of setting aside a CCJ I had to pay, or should I count myself lucky and move on?

Thank you.

Viv

[jaguarsuk]

You should have asked for costs at the set aside hearing. You can ask for the court for a costs order still when they file a Notice of Discontinuance.

Why would you need to sign a consent order? Tell them to simply file a Notice of Discontinuance as if you sign a consent order containing ‘no order as to costs’ you are relinquishing your right to claim the cost of you previous application.

Tell them you’ll sign one stating they’ll repay the cost of your application of £255 only and no other costs, but otherwise you intend to seek a costs order for it.

if they agree to that, it would be a nice easy result for you.