consent order advice

[Ginbob]

Hi 

I have agreed a consent order for a debt. Too long a story to go into but it is the best option for me right now. Do I need to make sure the account number related to the claim is on the order so it cannot be sold at a later date?

 

thanks 

[Will Goodfellow]

Unless you can add a clause to the consent order stating the creditor will not sell the debt, it's unlikely you can stop it being sold.

[dx100uk]

tell us the story.....

 

dx

 

[AndyOrch]

Why would it be sold providing you adhere to the order and dont default ?  Further if you did default then the claimant simply requests judgment...assuming the Consent Order is is connection to a court claim, there would be no need to sell the debt ?.

[Ginbob]

Hi 

to explain briefly, I was issued a claim form for a debt and went to court and the claim was dismissed.

 

So that was the first claim.

The claimant then applied for the order to be set aside,

a new trial date and for costs which was a new claim under a new claim number but it was stayed while we negotiated an agreement.

 

We have agreed a consent order under the claim reference of the 2nd claim which was for the original order to be set aside and costs but in my contact with their solicitor it covers both claims. 

 

I suppose I’m just being over cautious thinking that they may get me to sign and then say it is only for the second claim.

That’s why I was wondering whether I should ask that both claim numbers be put in the order or the account number of the debt be put in the order to make sure (call me paranoid but I do not trust DCAs one bit)

[dx100uk]

which is why you need to NAME NAMES and tell us about the original debt.

 

bet this is restons..

[AndyOrch]

Simply ask them to redraft it to include the wording  " the matter be stayed in this claim number xxxxxx and previous claim number xxxxxxxx "

 

BTW I have never heard of a claim being dismissed...then set a side and given a new claim number...normally it just proceeds on the original claim number .?

 

Have we got all the facts here ?

 

Andy