[DISCONTINUED] - DC not mentioned in particulars of claim

[Never-In-Doubt]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Thanks for chiming in Niddy.

I think out of context can only be interpreted two ways depending on the viewpoint of the interpreter especially when it comes to the written word. It's either as expected or not.

I will chime in. I'm the administrator

I think if I recall our Solicitor also advised that the comment could be taken out of context...... Good job we've got a good sense of humour on AAD.

Chole - I'm unsure as to why you are continuing this line. I've said it as it is and that's that. Closed.

I referred your case to our Solicitor who has been in touch. That's all any of us here can do (for now at least) so we can't be copied in or anything anymore. It's really for you and Joanna to discuss however you must join AAD+ in order to benefit from pro-bono / reduced legal rate. --> http://forums.all-about-debt.co.uk/aad-members.php

Jo will look after you now. Keep us updated on this thread please but in the main you'll only be emailing / speaking with Jo from now on.

Obviously keep this thread lively with updates and you'll still receive plenty of encouragement etc. but just be aware it is still public.

Good luck

[PlanB]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Chole has an update following some good news she received in the post this morning. Claim discontinued

Apparently the solicitor says "for economic reasons our client won't be pursuing this claim any further" aka

Well done Chole and well done Jo


Plan B x

[Undercover Elsa]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Brilliant news!! Well done everyone and congratulations to Chole

[cymruambyth]

Re: DC not mentioned in particulars of claim **Discontinued**

That's great news; once again the AAD legal team has helped to defeat a DCA.

[oscar]

Re: DC not mentioned in particulars of claim **Discontinued**

Excellent news!

Though I wonder if they mean "we cant get any documents cos they have been destroyed!"

[IF]

Re: DC not mentioned in particulars of claim **Discontinued**

Well done Chole, I love good news on AAD


If you have time in the next few days please could you leave feedback for Niddy and our team here ----- > Successes, Praise & Good News Stories then click on the --- > Online Feedback Facility it will then take you to the form to fill in (don't worry if you can't post links to your thread, leave that blank and we can fill that in later for you).

May I also ask another favour, if you feel comfortable and have a FB account, please can you leave AAD a review here too—---> https://www.facebook.com/allaboutDEBT/reviews.

Thank you and best wishes
IF

[Never-In-Doubt]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Chole has an update following some good news she received in the post this morning. Claim discontinued

Apparently the solicitor says "for economic reasons our client won't be pursuing this claim any further" aka

Well done Chole and well done Jo


Plan B x

in layman they don't fancy taking on AAD & Jo

[nanna58]

Re: DC not mentioned in particulars of claim **Discontinued**

Xxx

[Chole]

CONCLUDING UPDATE

Good job we've got a good sense of humour on AAD.

Indeed especially Plan B and I

This forum, its humourous posts and knowledge helped me immensely when felt low.

Must say had a brief moment of doubt when read default notice not required though.

Other than that, even with the arrival of the so called Deeds of Assignment (yeh right), I had a feeling from the time I saw that the PofC had not being completed according to CPR rules; I had a winning case.

Just didn't know how to word it for a Judge to decide, so took to the internet.

And glad I did!

It dawned on me the reality of this though, when I went to the court in the Strand (London UK) to hand deliver my Witness Statements and was thinking "how the hell did I end up here? Only stars and big cases on the telly come here!" It is such a beautiful imposing building and the staff was very helpful. Not that that helped my frame of mind!

---

Moving on...

I do hate when reading a forum thread and left hanging (pun intended) because there's no final update posted. Therefore, for those following this thread, this is the final update and you'll find images of the desired docs of Discontinuance and their attempt to block the N244 appl below in a PDF.

When finished reading, you'll see that Plan B was informed correctly with her update on this case and thread. I had given her permission to do so on my behalf .

Reason for delay with updating this thread (last time here was 12 Aug) is because I was informed may be able to claim costs and wanted to give a final post on this in complete detail. However, speaking with Jo this afternoon (had to wait for her to return from hols and connect again), she'd thought about it and I learnt their solicitor was crafty with their choice of day to throw in the towel (gave good notice) so not worth going for costs because could backfire on me.

So because only made aware of this final decision today is why there was a delay in getting back to you all.

BTW: Why they chose to discontinue, they never said, so hard to point to a specific gotcha.


---

If you have time in the next few days please could you leave feedback for Niddy and our team

Considered done!

May I also ask another favour, if you feel comfortable and have a FB account

Not poss as no FB - too much drama!

Prefer forums anyday

---

Well, thanks all for reading this long thread and the encouraging posters (too many to mention) and the thanks tags - was ALL welcomed and appreciated.

And if in a similar situation, wishing you successful case outcomes too!

Oh yes..

Here's a tip for you:

If submitting your Defence or Witness statements by email (yes it is acceptable - this DC solicitor accepted mine and the courts), the courts only print out the first 10 pages. I was told this info by a court representative, so was glad I took it by hand in addition to submitting online via email.

Betcha their solicitor wasn't too happy if rang court to double check innit?

Either way, I'm glad they were unable to profit from my distress nor tie up my credit file for another 6yrs making 12yrs in total

CONCLUDING SUMMARY TO THIS THREAD
~ Default was entered on credit file 30 Jun 2009

~ Off 1 Jul 2015

~ Court claim issued Mar 2015 (one of the DC's letters stated 'doing it now to prevent it becoming Statue Barred'). This issuing stopped it from becoming SB, however, this forum knowledge halted their plans!!!

~ Court issued order that by 15 Jul 2015 show proof of their claim

~ Learnt on Wed 12 Aug that the hearing for Mon 17 Aug 2015 cancelled because discontinued


Before I go, hoping you learnt something from this thread and it gives you encouragement with your debt collector case!

Most of all keep your sense of humour whilst taking them on!

Chole

[mystery1]

Re: DC not mentioned in particulars of claim **Discontinued**

I wouldn't give up on costs totally. An application is risky but i'd try a letter for sure. Works now and again.



Edit to suit.



Technically it should be an application but i'm not convince the odds of spending cash to ask are worth it. A letter MIGHT prevail but costs little. Normally small claims track costs are not allowed in these cases but 27.14 2 g can help with the right court/judge. It's worth asking.

"In the County Court at xxx

~~ To be put before procedural judge ~~

In the matter of

Claimant v XYZ
Claim Number XXX

Dear Sir or Madam,

I have been advised by the court on xxxxx that the listed hearing for this claim was vacated and I understand that this is due to the Claimant's discontinuance.

CPR r.38.6 states that the claimant is liable for the defendant's costs after discontinuance (r.38.6(1)) but that this does not apply to claims allocated to the small claims track (r.38.6(3)). However, the white book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(d))." I believe it should actually refer to r.27.14(2)(g) as that is the rule which allows the court to award costs for unreasonable behaviour.

On this basis I would like to request a costs order to be made against the Claimant given that DEAL has behaved unreasonably by discontinuing this claim, and also by not submitting any evidence/witness statement in support of their claim other than their claim form, and by not serving me with a copy of their Directions Questionnaire contrary to the court order.

The Defendant had significant costs to prepare the Defence and prepare attendance of the hearing and the costs claimed are as follows:

(explain any expenses here).

Yours faithfully,

XYZ
Defendant"

This won't guarantee you anything but it is worth a shot, and as long as you're not taking the p##s with what you're claiming you may have a friendly judge who gives you a costs order.

£19 per hour.

M1

[Never-In-Doubt]

Re: DC not mentioned in particulars of claim **Discontinued**

M1 - there's a solicitor involved. Chole wasn't LiP.

[PlanB]

Re: CONCLUDING UPDATE

Indeed especially Plan B and I

This forum, its humourous posts and knowledge helped me immensely when felt low.

. . . . When finished reading, you'll see that Plan B was informed correctly with her update on this case and thread. I had given her permission to do so on my behalf .

. . . . Most of all keep your sense of humour whilst taking them on!

Chole

You won. They lost when they were forced to surrender

I'm almost as happy as you are with the result.

Take care

Plan B x

[mystery1]

Re: DC not mentioned in particulars of claim **Discontinued**

M1 - there's a solicitor involved. Chole wasn't LiP.

It does say edit to suit

M1

[Never-In-Doubt]

Re: DC not mentioned in particulars of claim **Discontinued**

It does say edit to suit

M1

Yea yea fair point I wasn't critisizing the letter (it's great) I was enquiring as to why write when there's a solicitor on record - maybe there isn't a solicitor on record? I dunno to be honest.

But great template for costs - cheers

[mystery1]

Re: DC not mentioned in particulars of claim **Discontinued**

It's hard for a solicitor to write what is essentially a begging letter although as we see in consumer matters some of them barley deserve the title.

M1