Help Required Stat Demand Please

[NitrousOxide]

Hi,

I'm sorting out a stat demand on behalf of a friend. I'll be brief with what has happened so far so as to be simpler.

 

MBNA - PPI Claimed for

FOS - Claim with the FOS as MBNA say no we're not giving it back

MBNA - Sold Debt to Arrow

FOS - Award in favour of Friend

Arrow - Issue Stat demand on friend

Friend - Issue Set Aside on Stat demand

Arrow - Realise they have made a huge mistake and say they will not go ahead with stat demand. Claim they didn't know about the FOS compliant being upheld (I actually have evidence to the contrary, but that's for another day).

Arrow - Recieved a consent order from them. My friend is not happy about the fact they have put "No order as to costs" as quite rightly a considerable amount of time and effort has gone into fighting something that would have fallen flat on it's face in court.

 

My qustion is how do I go about "Not consenting". I also thought only courts issued consent orders? My friend would agree if that one point is removed anyway.

Thanks

[the_shadow]

Hi,

I'm sorting out a stat demand on behalf of a friend. I'll be brief with what has happened so far so as to be simpler.

 

MBNA - PPI Claimed for

FOS - Claim with the FOS as MBNA say no we're not giving it back

MBNA - Sold Debt to Arrow

FOS - Award in favour of Friend

Arrow - Issue Stat demand on friend

Friend - Issue Set Aside on Stat demand

Arrow - Realise they have made a huge mistake and say they will not go ahead with stat demand. Claim they didn't know about the FOS compliant being upheld (I actually have evidence to the contrary, but that's for another day).

Arrow - Recieved a consent order from them. My friend is not happy about the fact they have put "No order as to costs" as quite rightly a considerable amount of time and effort has gone into fighting something that would have fallen flat on it's face in court.

 

My qustion is how do I go about "Not consenting". I also thought only courts issued consent orders? My friend would agree if that one point is removed anyway.

Thanks

 

Hi NO,

 

As I understand it and have read on t'internet yesterday consent orders require both parties to agree on the terms and even then it has to be put before the court for them to "seal" the agreement. If your friend doesnt sign and send it in then I dont think they can do anything with it.

 

Consent orders are drafted, signed by both parties and then sent into the court for approval I believe.

 

S.

[Dougal16T]

Good morning,

Absolutely right.

 

Consent orders are exactly that, a written agreement prepared by co-operation between the opposing parties, to do something specific. This then has to be 'put before' a District Judge for sealing.

 

Best wishes

 

Dougal

[NitrousOxide]

Thank you for your help guys, much appreciated.