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Enforcing a Consent Order - NOT DIVORCE

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  • Enforcing a Consent Order - NOT DIVORCE

    Hi All,

    I'm really hoping someone can help me, I've recently taken a customer to court over unpaid debt. Straight up non-payment. They ended up filing a defense claim, wanting to defend the entire debt. I was then contacted by their solicitors who asked if we could come to an agreement, in the form of a Consent Order. We agreed upon terms of payment, how much and when etc., however they have now failed to adhere to their payment schedule.

    I have tried to enforce a judgement, however moneyclaimonline is telling me they are 'barred' and I am unable to do this.

    My question is, how do I enforce the consent order?

    Many Thanks,

    Joe
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    • #3
      Originally posted by jayohseph View Post
      Hi All,

      I'm really hoping someone can help me, I've recently taken a customer to court over unpaid debt. Straight up non-payment. They ended up filing a defense claim, wanting to defend the entire debt. I was then contacted by their solicitors who asked if we could come to an agreement, in the form of a Consent Order. We agreed upon terms of payment, how much and when etc., however they have now failed to adhere to their payment schedule.

      I have tried to enforce a judgement, however moneyclaimonline is telling me they are 'barred' and I am unable to do this.

      My question is, how do I enforce the consent order?

      Many Thanks,

      Joe
      You cannot enforce a Consent Order via the online system you will need to apply to the local court to enforce it via the usual methods of Warrant/Writ of Control (depending on value), Charging Order or Attachment of Earnings Order. You cannot attach the earnings of someone on benefits or self employed.

      You'll need to file the correct form and fee applicable to the enforcement route you wish to take to your local court, along with a witness statement explaining the application and exhibiting the breached consent order.
      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

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