Consent order in preparation for hearing

Ellie_23

Hello, I have a hearing coming up for a CCJ set aside. I have applied for the set aside, original claim to be dismissed and claimant to pay costs. For context, I contacted the claimant and their solicitors when I become aware of the CCJ, but they were not particularly co-operative with me trying to establish communication about the matter, so I filed an N244 form and notified them of this. 

The solicitor for the claimant has now copied me into an email to the court, requesting that an attached consent order be placed on file in preparation for the hearing. I'm just not sure about what the rules or expectations are regarding whether I reply to this and if it is viewed as appropriate to communicate with the claimant's solicitors in the run up to the hearing. I do not agree with what is stated in the consent form (they agree to set aside, but want to pursue claim and for me to pay £275 N244 fee). Do I need to contact the court and/or solicitors to make it clear that I do not consent to this or is it just a case of waiting for the hearing at this point?

Thanks for reading. Hope someone can help.

Le_Kirk

If you have already paid the £275 fee, where is the benefit to you in accepting their consent order, which will no doubt want you to pay the fee (£275 or £108) and the original charge plus maybe their costs?

Umkomaas

For what reason are you applying for a set aside?  Why did you not defend the original claim?

Coupon-mad

The solicitor for the claimant has now copied me into an email to the court, requesting that an attached consent order be placed on file in preparation for the hearing. I'm just not sure about what the rules or expectations are regarding whether I reply to this and if it is viewed as appropriate to communicate with the claimant's solicitors in the run up to the hearing.
I do not agree with what is stated in the consent form (they agree to set aside, but want to pursue claim and for me to pay £275 N244 fee). Do I need to contact the court and/or solicitors to make it clear that I do not consent to this or is it just a case of waiting for the hearing at this point?

Yes!

Someone here had a Judge rake a cursory look at a draft consent order exactly like this the other month, and mistook it as an agreed Order, vacated (cancelled) the hearing the duped Defendant had paid £275 for, and made a decision to wipe the CCJ without a hearing but also WITH NO COSTS AWARDED!

Leaving the poor D £275 out of pocket and having to raise a court complaint to set aside that erroneous Order.

So, you absolutely MUST respond robustly by email to the court and Claimant's solicitor, to make it clear that this draft document they want placed in the file is NOT an agreed nor signed Consent Order, merely a draft concocted very late by the Claimant.

In fact, they failed to respond with any such suggestion after the Defendant contacted the claimant and their solicitors when the Defendant become aware of the CCJ.  They were completely unco-operative an unprepared to listen, and even worse, now appear to be trying to mislead the court that this document they have now come up with at the 11th hour is an agreed consent order. It is not.

Have you read the thread by @Brokenchief with the Skeleton Argument and 4 authorities and Code of Practice to support his case?

You need the same, if your claim was sent to an old address and that was now more than 4 months ago.  The argument us the claim is dead after 4 months without good service to you, and the court has no jurisdiction to resurrect it.