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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Please would you be able to explain a few things?

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Please would you be able to explain in a very simple way what all of this consent order below means? Also I would like to state that I have a final court hearing on the 21/07/14 (Monday). We the defendants did not find the time for all of us to look at this, nevermind sign this due to it being drafted Yesterday 17/07/14 and so in the even of wanting to agree this, would this be now too late? One defendant was able to call the claimant's solicitor and advise that we had all agreed, to which the solicitor advised that he would get this sent to the court to be processed by having her word in an email explaining that we would all agree to this but are all unable to sign at the time due to what we believed would be after the time that the court would be able to take the document. I am unsure if the solicitor can do this as we technically have not signed, but agreed to by email. We are now afraid that he may turn up at court and allows us to not turn up for him to have a stronger case. Is there anything I can do, if what it stipulates suits us and we agree to sign at this point considering the weekend? And is there anything conspicuous regarding the order that you may think that I should be aware of, or may not understand due to legal terminology? Is there also anything that you would recommend to be amended or added? Many thanks Leon UPON the parties having agreed terms of settlement BY CONSENT IT IS ORDERED that:- 1.​All further proceedings in this action be stayed upon the terms set out in the Schedule 2.​This Order except for the purposes of carrying those terms into effect and for that purpose the parties have liberty to apply 3.​There be no Order as to costs. SCHEDULE (1)​The property known as (Address) and registered at HM Land Registry under Title No. NT123456 (“the Property”) be sold; (2)​The Claimant’s solicitors shall have conduct of the said sale; (3))​That Marriotts Estate Agents, or such other Agent as the parties shall agree to market the Property to achieve a sale price of £100,000 (4)​That the First Defendant will vacate the Property and remove his possessions upon the exchange of contracts for sale; (5)​That the parties agree to take any and all reasonable steps to co-operate in the sale of the Property to include but not limited to providing instructions to the Agent, Solicitor and one another regarding offers made and the execution of Contracts for Sale; (6)​That upon the sale of the Property the proceeds of sale be applied as follows:- ​6.1​The costs of sale; and ​6.2​The payment of the Legal Charge dated 4th April 2005 in favour ​of the Bank of Scotland. (7)​That following the payment pursuant to paragraph (6) above the net proceeds of sale out of the Property be paid to the parties in the following proportions, namely:- ​7.1​The Claimant 62.5% less the costs of sale at paragraph 6.1;and ​7.2​To each of the Defendants 12.5% plus 1/3 of the costs of sale at paragraph 6.1. (8)​The parties have liberty to apply for further directions in connection with the sale. (9)​Save for that paragraphs (1) – (8) of the Schedule shall not come into effect if the Claimant pays to each of the Defendants a sum of equivalent to 12.5% of the amount calculated as £100,000 less the sum required to redeem the legal charge at paragraph 6.2 above. Upon payment of such sum the First Defendant to vacate the Property and remove any and all of his possessions with 14 days. Any possessions that remain after this date will be treated as abandoned by the First Defendant and will be disposed of. Such payment to be in full and final settlement of any beneficial claims by the Defendants to the Property and generally in full and final settlement of any and all claims inclusive of interest and costs.

Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Will the other side agree for the consent order to be presented to the judge Monday please?
Alex Watts : Do you want to agree to the order or not?
Customer:

i believe so, the legal terminology was a little slightly confusing to be honest

Alex Watts : In short the main proceedings woul be put on hold but you agree to
Customer:

The other side have wanted us to sign this yes.

Alex Watts : 1) no one pays any costs
Alex Watts : 2) property is sold as the claimant solicitoers deal with the sale
Alex Watts : 3) property will be marketed for £100k
Alex Watts : 4) first defendant moves out and takes his stuff, anything left is abandoned
Alex Watts : 5) when sold costs of sale come out purchase price, then bank of Scotland loan
Alex Watts : Then a split as agreed 62.5% (less costs), and 12.5% to the others each
Alex Watts : Does that clarify?
Customer:

would the defendant's have to bear any extra costs that the claimant

Alex Watts : No.
Alex Watts : No order as to legal costs, all parties pay their own,
Alex Watts : Cost of sale comes out of claimant share though
Customer:

what would the costs of the sale be for?

Alex Watts : estate agent fees, cost of conveyancing etc
Customer:

ok, So given that there is a hearing at 2:30pm on monday, how would we be able to be reassured regading the consent order being agreed to by all parties, considering that nobody has signed it yet?

Alex Watts : It's only valid if signed by everyone. If someone does not sign, it is not valid and won't be sealed by the court.
Alex Watts : Does that clarify?
Customer:

So does that mean that we would have to go to trial regardless then? can we all potentially sign and have this agreed before the court time?

Customer:

possibly in the am?

Alex Watts : Yes can agree it on the day yes.
Alex Watts : Does that help?
Customer:

would I possibly have to bear any additional fees, if this wasn't filed beforehand?

Alex Watts : Not if you sign no, because the order says no order as to costs
Alex Watts : Can I clarify anything else?
Customer:

considering the court time, would it be best to go to court in the morning? maybe email the claimants solicitor?

Customer:

I would like to avoid the final hearing if possible

Customer:

what would be the best actions that I could take on monday, in order to make sure it gets signed and filed?

Alex Watts : You can sign it before the hearing, so yes I would go.
Alex Watts : You need to speak to the solciitor on Monday and see if it it signed and make sure it is, even by going to court and signing it
Alex Watts : Does that clarify?
Customer:

Hi Alex, We haven't got these signed yet unfortunately. Would you recommend me sending an email with the consent order to sign. for then the 2nd defendant to sign, scan in and then send the 3rd Defendant, to then sign

Customer:

Then I could possibly receive this and take to the court in the morning maybe?

Alex Watts :

Yes you can do that. You can take it to Court also

Alex Watts :

Can I clarify anything else?

Customer:

No, thank you for your help

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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