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zeek06

Money claim issued against me on 05 July 2017 (over £5k, but less than £10k).(procedural queries)

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Brief background:

 

1. Money claim issued against me on 05 July 2017 (over £5k, but less than £10k).

 

2. Acknowledgement of service filed in with CCBC (Northampton)

 

3. CPR 31.14 request made to Claiman's Sols

 

4. CPR 15.5 - Agreed extending deadline for submitting defence to 4pm on 28 August 2017 (next Monday)

 

5. Agreed Consent Order for dismissing the claim and no order for costs (see attached).

 

6. The Claimant's Sols agreed (by email!) to submit this to CCBC and pay the £100 application fee once signed by both parties (I am litigant in person, so CPR 40.6(2)(b} does not apply)

 

7. The Claimant's Sols agree (by email!) to extend the deadline using CPR 2.11 for another 28 days

(Note: CPR 2.11 does not apply, because it conflicts with CPR 15.5, which allows for the deadline to be extended by "up to 28 days" - no more, so the Claimant's Sols are telling me porkies!).

 

8. The consent order signed by both parties and given to the Claimant's Sols to submit to CCBC, together with an application notice and £100 fee.

I have proof of delivery as I sent it to the Claimant's Sols via Special Delivery (I kept one original with both signatures on it, the other was given to the Claimant's Sols to submit to CCBC).

 

Questions:

 

1. Is the attached a valid consent order that can be accepted by the judge if the Cliamant's Sols submit it as is?

What about the missing day in the date (it says "DATED this Day in August 2017")

- it doesn't have a specific date, though it is dated "August 2017"?

 

2. If the Claimant, having received the signed Consent Order, do not submit that consent order in time

(despite what they are telling me over the phone and by email)

and the deadline for submitting my defence passes (28th is a bank holiday, so, in effect, I have until this coming Friday to sort this out) what then?

Can they request a default CCJ to be entered against me since I haven't submitted any defence?

 

3. If the Claimant's Sols tell me that they have submitted the application and the consent order,

is there a way I can check this out (they may be lying to buy themselves some time so that they can enter a default CCJ against me)?

 

4. If they don't submit the consent order and the application, can I do it, having the 2nd signed original copy?

Do I have to complete N244 and attach the remaining original of the Consent Order, plus the £100 fee (is it really £100 - I thought it is £200?)?

 

5. If I can submit the application, can I do this online or via email

- would it be quicket than posting it (CCBC has a special email address specific for N244 applications)?

If so, how do I attach the signed Consent Order - scan it? What about the payment of £100?

 

6. If I submit the application and the Claimant do the same what happens then?

Which application is the judge going to look at - one (which one?), both or neither?

 

7. If I submit the application, but the judge do not look at it in time and the deadline of 28th August 2017 for submitting my defence passes what then?

Is the Claimant entitled to get a default CCJ against me?

 

8. The Claimant gave me a lot of promises over email - do these hold any water at all - can I truly rely on them in court (I am thinking I cannot)?

 

Thanks a lot in advance for any advice given, particularly Andy as he is always helpful here!

ConsentOrder.pdf

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questions questions...:)

you'll need to sign/date the consent, and send it back.

is that what you want, and are happy with. it seems a deal on its face, not knowing the background.

if so, go for it. the J may well oblige.


IMO

:-):rant:

 

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Would it not just be easier to submit the defence on time then you have no concerns has to how long they take to submit the consent and have it sealed by the court ?

 

You shouldn't be submitting the consent order as a defendant anyway.

 

The Consent Order is normally dated after you have signed it and returned it to the solicitor......and which Im sure they would submit it and not renege on it.

 

Andy


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