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    My debt review was confirmed by an NCT consent order: can it be set aside?

    Yes, but only on the statutory grounds in section 165 of the NCA: the order was erroneously sought or granted in the absence of a party; the order contains an ambiguity, obvious error or omission; or the order was made as a result of a mistake common to the parties.

    Practical examples include cases where the consumer withdrew or attempted to withdraw before the consent order was granted, or where proper authority for the consent order was never given.

    These are technical applications and the affidavit must address each ground with supporting facts. Our admitted attorney partners draft these specifically.

    Expert Answer

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