What is a Consent Order?

A Consent Order is a special legal agreement that exists between you and the Claimant. This Legal Agreement sets out the legal basis on which the claimant agrees for the County Court Judgment (CCJ) to be removed from the Public Record. This has to be sent to the Court for them to approve, only the court can remove the Judgment. It is therefore imperative that the exact terms of the Consent Order meet the relevant sections of Law and satisfy the reasons for removing the CCJ as presented in the Civil Procedure Rules (CPR). If not, then it might be that when the Court examine the Consent Order, they refuse it on the basis that it does not present any “Good Reason” for the Judgment to be removed.

It takes at least 6 weeks for the Court to approve a Consent Order and if there are any errors or omissions then it will either be refused or the Court may ask further questions and this will result in you having to respond to any queries which will take a further 6 weeks or it could be that you may end up having to make an N244 Application and this will require you ton attend a Court Hearing. It is far more advantageous to get this resolved at the first opportunity. This process takes long enough as it is and if you need this to be taken off as quickly as possible then our advice is to get some support with this.

If you believe the debt is incorrect or you have a legal defence, an N244 application may be more appropriate than a Consent Order.

We would be delighted to provide you with a No Obligation Assessment of your case and to examine if your case can be resolved by Consent. If it can, we will explain our process and the fixed fees we charge. It is quicker, more economical and far more likely to be successful by Consent. Once you have to attend Court the decision is given to the Judge and with this there is always a risk that you may not be successful. 

If you’re unsure whether a Consent Order is the right solution, our Step-by-Step Guide to Removing a CCJ explains all the available options and when each one should be used.

If you’re unsure which option applies to your circumstances, request a free CCJ assessment and we’ll explain whether a Consent Order or another route is most appropriate.

Frequently Asked Questions

How long does a Consent Order take?
Typically around 12 weeks from start to finish, although much depends on how quickly the claimant agrees to sign the Consent Order and current HMCTS processing times.

Do I have to pay the CCJ before applying for a Consent Order?
In most cases, yes. A Consent Order is generally used where you accept the debt but the judgment was entered without your knowledge, often because court papers were sent to the wrong address.

Will I have to attend court?
Usually not. A properly agreed Consent Order is normally considered by a Judge without a hearing.

Can a Consent Order be refused?
Yes. If the agreement is drafted incorrectly or does not satisfy the Civil Procedure Rules, the court can refuse it.

Is a Consent Order cheaper than an N244 application?
Yes. The court fee is currently £123 compared with £313 for an N244 application, and there is usually no court hearing.