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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33501
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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If parties agree to a consent order and sign the same has the

Resolved Question:

If parties agree to a consent order and sign the same has the Judge the right to change the wording completely without the consent of both parties and make an order of which was never agreed
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain a little more about the circumstances please
Clare
Customer: replied 2 years ago.

Hi Clare


We were awarded cost against us for £137.391 in a court case but the other parties acknowledged we did not have them funds and agreed that if we paid £20.000 then that would be agreed as full and final settlement. How ever this was party to a Bankruptcy Case the Judge changed the paper work on the order to say my £20.000 was on account only this was not agreed on the consent order signed by both parties. The other side did not inform us of the changes to the consent order that was signed buy all parties and agreed. When we received a copy all the wording had been changed with out our consent and stamped by the Court. Just to be clear the other side accepted our £20.000 and now have that money for a consent order that is not what we signed Thank You

Expert:  Clare replied 2 years ago.
Hi
Do you have a copy of the original draft?
Clare
Customer: replied 2 years ago.

Yes I do

Attachment: 2014-05-08_151132_stamped_concent_order.pdf


 


I also have copy of stamped order

Attachment: 2014-05-08_150623_consent_order_draft.pdf


 


Many Thanks

Expert:  Clare replied 2 years ago.
Hi
What do you believe the difference is?
Clare
Customer: replied 2 years ago.

Question 2 says I paid £20,000 on account meaning I am still liable for £117,391.04


 


This wording was not in the draft and i would not have agreed to that wording as this can now been seen that if they don't get the cost back in the Bankruptcy then i am seen as still liable for £117,000 this was not agreed


 


I am more concerned that the Judge changed the wording with out consent

Expert:  Clare replied 2 years ago.
Hi
I can understand why you think that but that is not correct
The wording is effectively the same and has the effect that you want.
The Balance of the coast are expressed to be costs in the Bankruptcy and that cannot be changed - so no you will not be responsible for any further costs
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33501
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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