Order?
TITLE: Removing an NCT Consent Order: Debt Review Removal | NDRC | META: Yes, NCT consent orders can be rescinded but only on specific grounds under Section 165 of the NCA. Learn when it is possible and what NDRC can do.
Yes, debt review removal is possible if your debt review was formalised through a consent order granted by the National Consumer Tribunal (NCT), but the grounds are more limited than for Magistrate's Court orders.
What is an NCT consent order in debt review?
The National Consumer Tribunal has power under the NCA to grant a consent order confirming a debt review restructuring plan where credit providers accepted the debt counsellor's proposal. This creates a Tribunal consent order binding all parties to the restructured repayment terms.
How can it be rescinded?
Section 165 of the NCA allows an NCT consent order to be rescinded or varied in three specific circumstances only:
• Where the order was erroneously sought or granted in the absence of a party affected by it. For example, if you were not properly notified of the Tribunal hearing or did not give proper authority for the consent order to be obtained on your behalf.
• Where the order contains an ambiguity, or an obvious error or omission, but only to the extent of correcting that specific ambiguity, error, or omission.
• Where the order was made or granted as a result of a mistake common to all the parties to the proceedings.
Grounds that have been used to rescind NCT consent orders:
• The consumer withdrew or attempted to withdraw from debt review before the consent order was granted, but the withdrawal was not properly processed.
• The consumer did not give informed consent or proper authority for the consent order to be obtained.
• The order incorrectly identifies accounts or amounts.
NCT consent order rescissions are legally more complex than standard Section 87 court applications. The Tribunal applies a strict test and not all grounds will succeed. NDRC and attorney partners assess each NCT consent order case individually to determine whether viable grounds exist before recommending this route.
If the NCT consent order cannot be rescinded, the alternative is to pay all accounts under the restructuring plan and obtain a Clearance Certificate under Section 71.