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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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When consent order has been signed by the Lawyer not by one

Customer Question

When consent order has been signed by the Lawyer not by one of the two parties involved is this document legal.
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

The consent order signed by the solicitor will be valid so long as the solicitor is on the record as acting for the party concerned. Also the consent order has to be filed at court and agreed with the other side.

If the solicitor has signed the consent order without taking instructions or against their client's instructions, that is a different issue and is a matter of potential negligence and breach of the code of conduct. In which case the client may have a claim against his/her own solicitor.

Can I be of any further assistance with this?

Kind regards

AJ
Customer: replied 3 years ago.
the lawyer agreed to the consent without any financial proof on the amount owed. Nobody is disputing that money is owed the amount is disputed. lawyers response was it's the bank they always right and this was the advice given.
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Was an amount included in the consent order?

Did the bank provide a redemption statement?

Kind regards

AJ
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an information request here from the Expert. This means they need to know more details before they will be able to give you a full answer.

Thank you,
Nicola