Consent order "drop hands"

[amh73]

I am yet again looking for help for my ongoing case with Cabot. This has been going on since January 2016 where a CCJ was entered against me for an unknown apparent debt. The CCJ was set aside in March but i have been going back and forth to the courts asking for for an agreement and statements. 6 weeks ago a very vague agreement was received which looked like my signature but i did not sign it, the information only gave mt name and address , no work details or other information that is normally given on an agreement.

I wrote to the courts advising of this and still asked for statements as the agreement was dated 2005 and i was hoping the statements would give me more information. The last hearing was adjourned again asking for witness statements for a trial, yet again.

Today i received a letter from Reston Cabots solicitor with a consent order asking me to agree to a drop hands approach? Please can someone advise if i should sign this and what does it mean?

[amh73]

Re: Consent order "drop hands"

Can anyone help??

[Amethyst]

Re: Consent order "drop hands"

It usually means that both parties walk away from the claim and no costs are claimed by either side - but we'd need to see exact wording of the order to know. Also how much approx is the claim for?

I'll see if I can find your previous threads.

£7500 Lloyds Credit Card allocated to the Fast Track ?

[amh73]

Re: Consent order "drop hands"

yes thats correct. The consent order states:

Without prejudice

Upon the application of the solicitors and the claimant and the defendant acting as litigant in person

It is agreed by consent that

1 The claim be dismissed

2 The hearing for 12/10 be vacated

3. there be no order to costs

they are asking for me to sign this and send it to them asap, but im not 100% clear what it means

[MIKE770]

Re: Consent order "drop hands"

it means that they want to withdraw BUT wish to get away without paying for any of your cost that may have been involved, Ame no doubt will advise on this also or Nemisis45 possibly.

[Amethyst]

Re: Consent order "drop hands"

Indeed. They are asking you to agree that the claim is dismissed and that there is no order for costs - so you cannot claim your costs against them and their claim is at an end.

However, I believe this case started with you applying to set aside a judgment - for which you paid the court fee of £255 ? So you want that back I would expect.

Assuming the case has been allocated to fast track ( considering the N181 you completed - not sure whether you ever got notification from the court of which track you were in as I believe your N181 asked to move the case to small claims ??? so that wants checking) you could also claim ( if you went on to win the case ) for litigant in person costs at £19 per hour, for writing defence/witness statements/applications etc plus postage, stationery etc. Or ask for wasted costs (of the same amount) if they discontinued without agreement.

It depends what your objective was originally - you've had the CCJ removed against you and if the claim is now dismissed that would be it. Is that worth more to you than the costs you might be able to obtain?

You could respond to them with a counter offer of the consent order amended to say costs of £255 (your application fee for the set aside) to be paid to the Defendant by the Claimant.

[amh73]

Re: Consent order "drop hands"

That is what i will do, I paid £155 for the original application, there has been 3 hearings that i have had to attend and numerous postal costs,

thanks again for your help

[amh73]

Re: Consent order "drop hands"

Hi All

I am just trying to finalise my letter to the courts in regards to Cabots consent order but i have a question that i am hoping someone can answer?? If i agree to the consent order just to put an end to this matter and the matter is closed with the courts, can Cabot/Restons still chase me for the balance and start the procedure all over again?

[Amethyst]

Re: Consent order "drop hands"

As you have entered your defence and the consent order is for dismissal of the claim, then no they wouldn't be able to bring a further court claim on the same cause of action. It would be the end of the claim, and the debt.

However, the hearing is today ? Are you not a little bit late in responding to them ? Have you checked with the court whether the hearing remains listed ?

[Diana M]

Re: Consent order "drop hands"

The consent order states:

Without prejudice

Upon the application of the solicitors and the claimant and the defendant acting as litigant in person

It is agreed by consent that

1 The claim be dismissed

2 The hearing for 12/10 be vacated

3. there be no order to costs

they are asking for me to sign this and send it to them asap, but im not 100% clear what it means

Was that response needed "asap" defined as a specific date/deadline to accept, sign and return their Consent Order after which it would be withdrawn or rescinded? It was sent to you last month.

They may have had to pay a hearing fee 14 days before the hearing so they would need to let the court know if the hearing was to be vacated. They couldn't/wouldn't do that until they had the Consent Order signed by you and safely in their hands which they would then file at court to seal it.

If you didn't return the Consent Order to them within the deadline (if there was a deadline) which in the very least would be the night before the hearing so the court could free up the DJ then I'm not sure what to expect if the hearing went ahead without you (or did you go to court in which case you could have signed the Consent Order then?), or hopefully the Claimant sent someone to the hearing and asked for an Adjournment (on the spot) to deal with the potential settlement.

However there have been two previous Adjournments (and a set aside) so the decision on what to do next may depend on the DJ's mood. Let's hope common sense prevailed if the court was made aware of the situation

(Were the WS filed on time by both parties?)

Di