LSTB being cheeky? *** Application for Judgment/CO thrown out with costs***

[robcag]

Hi Catchleen

 

Apologies if I gave you false expectations, but unfortunately as is often the case, 'the devil is in the detail'.

 

It seems there is no way of avoiding the fee but I would have thought you could claim it back as part of your costs if you are successful in setting this aside, which as Andy has pointed out shouldn't be too difficult as you don't appear to have breached the terms of the consent order regarding payment.

 

I'm not sure if you want to look at term #6 of the consent order though as posting it here may be a breach of that term.

 

Good luck with this

Rob

[Catchleen]

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

[Gaston Grimsdyke]

Isn't the consent order a judgment, not a Tomlin order? In which case they haven't gone and converted the consent order into a judgment, they've converted an instalment judgment into a forthwith judgment - obviously to get a charging order. There will have to be a hearing for the judge to decide whether to keep the forthwith judgment, keep the original instalment judgment, or make some other instalment order.

[AndyOrch]

Lost me there Gaston how can a Consent be a judgment, the consent simply stays litigation indefinitely unless a party breaches the schedule.You then make application to lift the stay and request judgment.

Which is fair enough if there had been a breach.

 

Andy

[Mike_hawk]

Pretty shocking when you think about it.......

 

Consent to stay is what it says on the tin, not as flexible as a t/o but the intent is clear within the schedule. Once engrossed for sealing the parties are estopped action subject to breach, they having now breached are subject to your costs.

 

Get the application filed and present them with your costs pre hearing [there will be one].

 

Phil

[Gaston Grimsdyke]

Lost me there Gaston how can a consent be a judgment, the consent simply stays litigation indefinitely unless a party breaches the schedule.You then make application to lift the stay and request judgment.

Which is fair enough if there had been a breach.

 

Andy

 

No reason at all why there should not be a judgment by consent. A Tomlin Order is merely one type of consent order, it seems clear from the trail of events that the consent order in this case was actually a judgment.

[Gaston Grimsdyke]

Pretty shocking when you think about it.......

 

Consent to stay is what it says on the tin, not as flexible as a t/o but the intent is clear within the schedule. Once engrossed for sealing the parties are estopped action subject to breach, they having now breached are subject to your costs.

 

Get the application filed and present them with your costs pre hearing [there will be one].

 

Phil

 

There is nothing at all to stop a creditor applying to vary the terms of a judgment, in exactly the same way a debtor can if their circumstances change. Unusual for a court to deal with it without a hearing, but it is of course open to the OP to have a hearing to reconsider now. Perhaps the OP can advise whether his/her circumstances have changed since entering into the consent order leading to BH deciding to make the application. Maybe the consent order even had a provision in it for BH to apply for a review.

[Mike_hawk]

Hi GG

 

Terms are at post #17, OP states no revocation or informal/wp app by the claimant party to vary.

 

Phil

 

Brought forward for reference:

 

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. "

Edited May 18, 2012 by Mike_hawk
Nope, I don't know how a 17 turnd into a 4 either........ :-)

[Gaston Grimsdyke]

Oops didn't see that. Guess LTSB must have persuaded the court that there had been a breach of the terms of the schedule. If that is not the case, then clearly there's been an error so if I were the OP I would be straight on the phone to LTSB's solicitors asking for an explanation. If it is an error, then LTSB will have to make the appropriate application themselves to set aside the judgment so no reason for it to cost the OP anything.

[Catchleen]

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.

[AndyOrch]

As I thought Catchleen its all about the " CO " forget about " Consents " oops sounds like a Jesse Jay track:wink:

 

Andy

[Catchleen]

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

[AndyOrch]

Nothing to stop its been refused due to an " error " ie probably they do not have the right to request judgment.The hearing will reveal all Catchleen, copy of the Land Registrys refusal and a copy of your consent Order and payments is all that's required for the hearing.

 

Andy

[Catchleen]

Thank you so much for your help. C x

[Catchleen]

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

[AndyOrch]

Well done Catchleen so we are back to the Consent?

 

Regards

 

Andy

[AndyOrch]

Submit your costs and I will alter your thread title to reflect the out come.

[Catchleen]

Yes we are continuing with the Consent Order thanks.

[Guest]

good result catchleen. bog off loyds.

but, you shouldn't have been in this current situation at court. complain to them officially, and as well as recovering your costs could demand compensation for the inconvenience/stress etc caused by their obvious 'mistake'.

Edited June 15, 2012 by Ford