Consent Order Signed - What Next?

[taseh]

I need advise, I put in an N244 application to set aside a CCJ and the claimant solicitor has sent a consent order signed but it signed in the claimant solicitors name.

However, I want to be sure it is not a trick.

I need advise on what to do next?

[Celestine]

Can you upload a copy of the order (remove your personal details). It is usual for the consent order to be signed by the solicitors.

[taseh]

Find attached.

[taseh]

Can you upload a copy of the order (remove your personal details). It is usual for the consent order to be signed by the solicitors.

Please find attached

[atticus]

That is ok. Solicitors acting in a claim have authority to sign on behalf of their client.

[Celestine]

All good, well done for getting them to agree to do it by consent. Are they paying the fee too?

Now you need to prepare to defend the claim. If you follow our guides, you can get all your document requests prepared. Most important is a CCA request as well as CPR 31.14

[taseh]

That is ok. Solicitors acting in a claim have authority to sign on behalf of their client.

Can I send it to the court via email or post?
Can the claimant continue with the claim after the consent order?
Could this be a trick to reset a status barred debt?

[atticus]

1. yes, either

2. no. the order dismisses the claim.

3. no.

[taseh]

All good, well done for getting them to agree to do it by consent. Are they paying the fee too?

Now you need to prepare to defend the claim. If you follow our guides, you can get all your document requests prepared. Most important is a CCA request as well as CPR 31.14

I have submitted a N244 Application to set aside already and paid, and the claimant solicitor reached out to me.

I asked the claimant solicitor to provide some documents to prove the claim or consent to my application however, they sent the consent order.

Does this really end the claim? Just want to be extra sure

[atticus]

the order provides that the claim is dismissed.

[Celestine]

pt2537 I’d like you to check this please? The Judgment should be set aside and the defendant should be allowed to defend the claim, yet the claim is dismissed?
Why would they dismiss the claim? Normally set aside means you start over and defend the claim from scratch.

[taseh]

pt2537 I’d like you to check this please? The Judgment should be set aside and the defendant should be allowed to defend the claim, yet the claim is dismissed?
Why would they dismiss the claim? Normally set aside means you start over and defend the claim from scratch.

My N244 application was based on not receiving the claim form and claim statutes barred before the judgement was entered. This could be the reason for dismissing the claim I believe.

Would you advise I attached a draft defence to the consent order to the court?
Do I need to fill another N244 Application or just send the consent order on it own to the court referring to my already submitted application?
If a claim is set aside and started over to defend the claim from scratch, does the statute barred reset?

[atticus]

But the order provides for the claim to be dismissed. Notwithstanding the temptation to recite the dead parrot sketch, that order, if made brings the claim to an end. It ceases to be.

[Celestine]

The order is confusing because it includes the phrase 'the defendant should be allowed to defend the claim' and yet follows with 'the claim be dismissed'.
IF the account was time barred before the claim was issued, then that will be an absolute defence to this claim. Hold fire over the week end while I try and get further opinion on what to do.

[atticus]

That is in the recitals, or the preamble to the order. The 3 paragraphs of what is actually ordered are clear.