How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5361
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

This is about general procedure on dealing with Consent

Customer Question

This is about general procedure on dealing with Consent Order (and related matters) about a money claim.
Background:
1. Money claim issued on 05 July 2017 (over £5k, but less than £10k).
2. Acknowledgement of service filed in with CCBC (Northampton)
3. CPR 31.14 request made to Claiman's Sols
4. CPR 15.5 - Agreed extending deadline for submitting defence to 4pm on 28 August 2017 (next Monday)
5. Agreed Consent Order for dismissing the claim and no order for costs (see attached).
6. The Claimant's Sols agreed (by email!) to submit this to CCBC and pay the £100 application fee once signed by both parties (I am litigant in person, so CPR 40.6(2)(b} do not apply)
7. The Claimant's Sols agree (by email!) to extend the deadline using CPR 2.11 for another 28 days (Note: CPR 2.11 does not apply, because it conflicts with CPR 15.5, which allows for the deadline to be extended by "up to 28 days" - no more, so the Claimant's Sols are telling me porkies!).
8. The consent order signed by both parties and given to the Claimant's Sols to submit to CCBC, together with an application notice and £100 fee. I have proof of delivery as I sent it to the Claimant's Sols via Special Delivery (I kept one original with both signatures on it, the other was given to the Claimant's Sols to submit to CCBC).
Questions:
1. Is this a valid consent order that can be accepted by the judge if the Cliamant's Sols submit it as is (wii try to attach as it is in PDF format after I submit the question)? What about the missing day in the date (it says "DATED this Day in August 2017") - it doesn't have a specific date, though it is dated "August 2017"?
2. If the Claimant, having received the signed Consent Order, do not submit that consent order in time (despite what they are telling me over the phone and by email) and the deadline for submitting my defence passes (28th is a bank holiday, so, in effect, I have until this coming Friday to sort this out) what then? Can they request a default CCJ to be entered against me since I haven't submitted any defence?
3. If the Claimant's Sols tell me that they have submitted the application and the consent order is there a way I can check this out (they may be lying to buy themselves some time so that they can enter a default CCJ against me)?
4. If they don't submit the consent order and the application, can I do it, having the 2nd signed original copy? Do I have to complete N244 and attach the remaining original of the Consent Order, plus the £100 fee (is it really £100 - I thought it is £200?)?
5. If I can submit the application, can I do this online or via email - would it be quicket than posting it (CCBC has a special email address specific for N244 applications)? If so, how do I attach the signed Consent Order - scan it? What about the payment of £100?
6. If I submit the application and the Claimant do the same what happens then? Which application is the judge going to look at - one (which one?), both or neither?
7. If I submit the application, but the judge do not look at it in time and the deadline of 28th August 2017 for submitting my defence passes what then? Is the Claimant entitled to get a default CCJ against me?
8. The Claimant gave me a lot of promises over email - do these hold any water at all - can I truly rely on them in court (I am thinking I cannot)?
Thanks a lot in advance for any advice given!
Submitted: 2 months ago.
Category: Law
Customer: replied 2 months ago.
Consent Order Added
Expert:  Jamie-Law replied 2 months ago.

Hello my name is ***** ***** I will help you.

Has the consent order been sealed by the court?

Customer: replied 2 months ago.
Not yet, otherwise I won't be asking questions 2 to 8.
Expert:  Jamie-Law replied 2 months ago.

1. Yes. Even if it's out of time a judge will accept a consent order. The date will be out by a judge when it's sealed.

2. They could in theory, but you would have grounds to set aside based on the fact there is a live settlement offer which has been accepted.

3. No. You have to take their word for it. But if they say they have you can assume they have,

4. Yes you can and the fee is £100. It's £255 for a hearing fee

5. No, it needs to be paper so you can send a cheque for £100. It would be a district judge who will deal with it.

Can I clairfy anything for you about this today please?

Customer: replied 2 months ago.
Perfect timing. I need to further clarify 2 questions, if I may:
Q2 (from above): OK, got that. If I understand this correctly, if the deadline passes and they still keep hold of the signed consent order, CCJ cannot be entered (or, if it is, then I have strong ground to set it aside), correct?
Q4 (from above): I am guessing, if I fill an application in, that needs to be on N244, correct? Do I need to submit a witness statement as well?Many thanks!
Expert:  Jamie-Law replied 2 months ago.

2. correct. There is a signed consent order

4. Yes n244 and you only need to complete box 10

Does that clairfy?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 2 months ago.
Absolutely - you are a star (5 stars in fact!). Thank you so much. Take care!
Expert:  Jamie-Law replied 2 months ago.

Thanks.

Customer: replied 2 months ago.
Hi Jamie, late follow up after I've had time to digest your responses - I hope you don't mind, I'd really appreciate it! Here goes...1. If the Claimant do not submit the application and keep dragging this on and on, what happens then, bearing in mind what they've promised? What would you advice and what would you do in such situation?2. The consent order is dated "August 2017". What happens if the application is late and is submitted in September 2017? Does the Consent Order need to be changed to reflect the new date?3. If I submit the application and the Claimant do the same what happens then? Which application is the judge going to look at - one (which one?), both or neither?Again, many thanks in advance, really appreciate it!
Expert:  Jamie-Law replied 2 months ago.

1. Make the application yourself.

2. The Judge will just amend it.

3. Both but the later one will be returned.

Customer: replied 2 months ago.
On Q1 - Is there any remedy (costs order etc) given that they've promised to pay for the application but never did it and I had to fork out £100 myself?Also, given they've signed the consent order can they change their mind?Finally, thanks for your response once again - is there a way to get you additional credit for your replies?
Expert:  Jamie-Law replied 2 months ago.

1. No, its a consent order. You both agree to it. Otherwise it wouldnt be a consent order

2. No, once its signed by both parties, its binding

I dont think you can give me a bonus at this stage, but I am grateful for the thought!

Does that clarify?

Customer: replied 2 months ago.
Absolutely. I think we can close this now - you were very helpful indeed! Take care and have a nice evening!
Expert:  Jamie-Law replied 2 months ago.

And you!