Yes we are continuing with the Consent Order thanks.

They applied for the judgement as they said we had missed payments. When it was shown that we had not missed payments, they DJ was not very happy. Will be getting out fee refunded and sending a very stroppy letter the LTSB to get their system sorted, as their paperwork did not show all the payments. The DJ also said if they applied again wasting time, he'd be applying very hefty court costs on them. Thank you all for your help and advise x

Thank you so much for your help. C x

How do we go about stopping it? Is there specific info my OH should be bringing with him? Thanks, C

We have a hearing coming up and also received notification that LTSB have applied for a charging order, but this was refused due to an error on their application.

Morning, Thanks for the responses. Rob, no need to apologise! Getting different points of view and advise is what I needed and it has been very helpful and much appreciated. I did wonder can I reclaim the fee back, so I will include this in the N244. I may be back for advise on wording! Thanks again everyone x

Thank you for your help. I'll download the N244 form tomorrow and make a start on the details. I'm thinking the main reason for asking for a set aside is that we have been making the payments as agreed, we are not in a position to pay the amount in one go and asking us to do so would be a waste of the courts time. If there is anything else I should be including, I'd appreciate the input. Cheers, Catchleen

Ah yes, that would make sense!! Here it is: "Before DJ X ... Order upon application but without a hearing. Upon the application of the claimant but without a hearing, the court considering that this would not be appropriate. It is ordered that 1. There be judgement for the claimant against the defendant in the sum of £X payable forthwith." "Because this order has been made by the court without hearing representations of the defendant, the defendant has the right pursuant to rule 23.10 to have the order set aside or varied. The defendant must send or deliver the application to the court to arrive within 7 days of service of this order." Thanks, C

Hi everyone, Thank you for your posts and feedback. Ive got the original paperwork and the consent order in front of me. I dont have access to a scanner at home but here are the details: " By consent it is ordered: 1. As far as they relate to the parties, all further proceedings be stayed upon the terms agreed by the parties hereto and set forth in the schedule save for the purpose of enforcing the said terms for which purpose the parties be at liberty to apply." Schedule: "1. The defendant agree to repay the claimant the total sum of X by monthly installments of X commencing on 1st of month, and on 1st of each month thereafter. 2. The level of repayments shall be reviewed every 6 months, with first review during XX, with a view to varying the level of payment if there is a material change in the defendant financial circumstances, and the parties may agree to increase or decrease the level of payment following a review. 3. The defendant shall supply the claimant with such financial particulars as may reasonably be requested for the purpose of a review. 4. That in the event of any default of payments of the schedule the claimant is at liberty to apply to the court to enter judgement against the defendant, plus costs. 5. That the above terms shall be in full and final settlement of all claims that any party shall have or may have against the others arising out of the others arising out of the matters in this action and this action only. " The payments are being made on time and none have been missed. LTSB have not contacted us to review the payments and this is the first time we have heard from them. I feel loathed to pay a court fee when we haven't defauled on the consent order! But if I'm missing a point, I'm grateful for any help and guidance. Cheers C x

Thanks Andy for your response, that's been helpful. Cheers, C

Hi Andy, I don't have all the paperwork in front of me at the moment, but I believe it was a consent not tomlin. Thanks, C

Hi, my husband had a LSTB CC where they brought him to court but we settled out of court a couple of years ago. He has now received a general form of judgement where LSTB have made an application but without a hearing for us to pay the outstanding amount forthwith. The court considers that this would not be appropriate. The judgement then states that the defendant has the right to have the order set aside/varied under rule 23.10, within 7 days. We have been paying the agreed amount since the arrangement was put in place and no payments have been missed. I am thinking that LTSB are being really cheeky and trying their luck to start this court case again, when they really have no grounds to do so. I've started to look at the N244 form and setting it aside, but why should we have to pay another fee of probably £75.00 when we've done nothing wrong and have not broken the agreement. What if we do not send an application to set aside? Can anyone help me please?

Yes DonkeyB, I couldn't have done any of it without the help of the site, thank you CAG

I sent my WS and we had a court date.. However they asked if I was willing to make an offer of payment, so I did and they accepted it. The offer then needed to go to the court to see if they accepted it, which they did. I was very surprised that it was accepted as it was less than 50% but the thoughts of going to court to battle the whole case was nerve wrecking. I suspect that they had cocked up massively but I didn't feel confident enough to battle it out and I was happy with my outcome.

Thanks ims for the response. Paragon have washed their hands of it of course. I've just sent the letter today and hope to get clarification of the "product" shortly, then I think I need to go through the paperwork once again and get my head around it again! Will keep my thread updated of any progress x