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Consent Order

5 replies 201 views
Hello all
I've posted a few times about the issues i was having with my home being overvalued by the trustees agents which was looking like it would force a sale.  The trustees eventually agreed with the 3 local agents who had valued the property and agreed a much more realistic price based on these estimates.

Whilst waiting for that to happen the trustees solicitors contacted us and told that that they would be applying for a possession and sale order through the court, because they were only a couple of months away from the point where the interest in the property automatically reverted back to me so felt they needed to have this in place just in case we couldnt conclude the settlement in time, this was in the middle of April and that we would be served with the documents within a few days, this never happened, or we never received the documents.

The money has been paid, the deed of release has been signed by my partner but despite chasing the trustees solicitors we have not so far received the signed deed of release back from them, they have acknowledged by email that they have received the funds and that the deed of release was being sent, this was 5 weeks ago now and we still haven't received it.  They also stated that they had filed an application to remove the restriction on the property with land registry but once again we haven't received any notification on this.

in the mean time the solicitors have contacted us again and stated that they had made an application for possession and sale to the court back in April but although having been issued by the court this was never served, so to stop this progressing they are asking for both my partner and myself to sign a consent order to allow this to be stopped.  

My question is,  is this normal, should we be signing this document, bearing in mind we haven't had any evidence of proceedings being issued and why would we be required to ask the court to stop the proceedings when it was them that issued the proceeding, surely that should come from them?  We've asked them why they require this and to date they haven't responded.
Thanks for your help in shedding any light on the whole procedure for us

Replies

  • Minkym00Minkym00 Forumite
    428 posts
    100 Posts First Anniversary
    ✭✭
    On the face of it it sounds odd, I agree. What does this consent order that you are being asked to sign actually say?
  • Sorry for the delay in getting back to you, i hadnt noticed that there was a response to my question.

    this is a copy of the wording - with personal details left out

    THE TRUSTEES OF THE ESTATE OF THE ABOVE NAMED BANKRUPT

    Applicants

    -and-

    (1) 

    (2)  Respondents

    _______________________________________

     CONSENT ORDER

    _______________________________________



    UPON an application by the Applicants 


    AND UPON the Applicants and the Respondents having agreed terms of settlement


    BY CONSENT


    IT IS ORDERED THAT:


    1. All further proceedings between the Applicants and the Respondents in this action (Claim  of ) be stayed upon the terms set out in the Deed of Release and Assignment hereto, except for the purposes of enforcing those terms.  


    1. The Applicants and the Respondents each shall have permission to apply to the Court to enforce those terms without the need to bring a new claim. 


    1. There shall be no order as to costs. 




    Dated this day of  June 2020  


    We confirm that we consent to an Order in the above terms 


  • The applicants on the consent order was blank when we received the document 
  • Minkym00Minkym00 Forumite
    428 posts
    100 Posts First Anniversary
    ✭✭
    It doesn't look onerous and is just a request to stay proceedings, I wouldn't have a problem signing it. But I would use it as leverage and ask that they send the information you have been waiting on before you sign it.
  • LordSomebodyLordSomebody Forumite
    59 posts
    10 Posts Name Dropper
    Sign it, assuming you’re happy with the deed of release and assignment.

    If you don’t, they can ask a judge to order a stay without your agreement but may then be able to claim costs against you.
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