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Chevyman

When does court action affect statute barring?

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Nothing to undo...you are complying with the agreed terms.

 

If anything its you that can seek recourse....If one of the parties fails to comply with any of the conditions agreed in the consent order, the other party can seek to enforce the order in the same manner as any other court order.

 

Out of interest how old is this Consent Order ?


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Can we be clear here

You keep saying creditor

 

Do you mean you F+f'd to the original creditor tha t supplied the credit

Or you paid a dca the f+f?

Through the solicitor?

 

Ie was the claimant of the claimform the OC or aDCA?


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Andyorch asked "Out of interest how old is this Consent Order ?"

 

More than six years.

 

It appears they failed to comply because they instructed the new solicitor to collect the 'outstanding balance' a month after I complied with the terms of the consent order. The first demand letter the solicitor sent was 5 years later.

Edited by Chevyman

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Can we be clear here

You keep saying creditor

 

Do you mean you F+f'd to the original creditor tha t supplied the credit

Or you paid a dca the f+f?

Through the solicitor?

 

Ie was the claimant of the claimform the OC or aDCA?

 

I apologise if I am getting some of the terms confused.

The OC sold the debt to the DCA. The DCA issued the claim in their own name. The F&F settlement was negotiated with the DCA's solicitor and signed by the solicitor on behalf of the DCA. The F&F payment was made to the DCA.

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This where the dca name is important

As youll prob find they [the 2 differing sols+dca] are all members of the same group so of little importan ce the sols have changed


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You should of had a Tomlin Order....not a Consent Order

 

My understanding is that Consent Order and Tomlin Order are synonymous ..... if I'm wrong, what is the difference between them?

 

 

 

CPR 40.6 Consent judgments and orders

 

 

(1) This rule applies where all the parties agree the terms in which a judgment should be given or an order should be made.

 

(2) A court officer may enter and seal(GL) an agreed judgment or order if –

 

(a) the judgment or order is listed in paragraph (3);

 

(b) none of the parties is a litigant in person;

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part40#40.6

 

.......

 

Andy

 

 

My understanding is that the effect of CPR 40.6(2) is that it sets out where a court officer (rather than only a judge) may enter and seal a Consent Order (CO) / Tomlin Order (TO).

The OP being a LiP doesn't prevent a TO, only that it will take a judge to agree it can stay the case, and for it to then be entered and sealed.

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This where the dca name is important

As youll prob find they [the 2 differing sols+dca] are all members of the same group so of little importan ce the sols have changed

 

I've PM'd you.

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