consent form?

[lulu22]

Hi i hope smoeone can help.I received a county court claim from cl finance /howard cohen solicitors.i defended the claim on the grounds it had already been paid but because this was paid by my x and i no longer have contact with it would be hard to prove.So when i recieved the AQ from the court i decided to make an other to pay so much per month,I sent a letter to howard cohen with my monthly offer today i recived a reply from them they say they will accept my offer of instalments as long as i sign a consent form.this is my question they say this if i sign this form

it would avoid a ccj the contents of the form is a s follows

 

Before an officer of the court

 

BY CONSENT

 

1, The parties having agreed the terms of the settlement in the schedule attached hereto,all further proceedings in this action be stayed save for the purpose of carrying into effect the terms in schedule hereto

 

2,There be no order costs

 

3,Liberty to apply

 

 

 

SCEHDULE

 

The defendant do pay the claiment the sum of £????? by installments of £ oooo per month commencing one month from the date of this order

 

 

 

sign claiment////////

sign defendent////////

 

 

can someone tell me please what this is and by signing it am i giving them powers to take more etc without having to go back to court.

sorry about all the questions but i just want to know that if i sign this i havent signed my house away etc.Many thanks.

[mkb]

i defended the claim on the grounds it had already been paid but because this was paid by my x and i no longer have contact with it would be hard to prove.

 

If it has already been paid, why on earth would you pay again?

 

Surely it's down to the solicitors/original creditor to provide an accurate statement of account which would prove once & for all if such a debt exists?

[diamondgirl]

Dead right, why pay for something that has already been paid. It is up to them to prove it hasn't been paid. It may be that you have to contact your x at sometime to get a statement to prove it also was the original debt in your name?

I just don't understand why on earth you would want to pay again.

Just a query did they attach anything to the consent form and also is it in writing that they will not apply for a CCJ against you?

Are the amounts on the consent the same as what you offered?

DG

[lulu22]

Hi thank you for your replys,the debt was in my name but without any documents it would be hard to prove this was paid all i have is old bank statements they show a closing balance of £0.00 and in the body of the statement it says account transfered.But that is all i have. because i have already said on the AQ that i will pay by instalements i think it is now too late to change

With regards to the Cl consent form the only thing that was attached to it was a covering letter saying they would not continue with the ccj if i sign the form.

Can someone tell me please if i do sign the form and i cant keep up with the payments can they send on the baliffs etc or do they have to go back to court.

[diamondgirl]

Only the courts can send the baliffs round as far as I know but I would imagine they would go back to court to get a CCJ.

Did they put the correct figures on the consent form? If they didn't put any figures on there is no way I would sign it.

 

DG

 

 

DIAMONDGIRL - PLEASE EMAIL SITE ADMIN - WE ATTEMPTED TO RESPOND TO YOUR MESSAGE BUT THE EMAIL ADDRESS YOU USED WAS WRONG AND IT HAS BOUNCED BACK

Edited October 22, 2009 by alanfromderby

[Docman]

Lulu

 

Basically, you cold still ask the claimant to prove their claim. It depends on what you put into your defence but remember it is up to the claimant to prove their case, not that you have paid any debt.

 

By signing the consent, whilst it is NOT a CCJ itself, it is very close. If you fail to pay an installment, the claimant will be able to sue you on the basis of the Consent Order. It will be very difficult for you to challenge a later claim and then you will end up