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  • #16
    No terms so at present UE. Will awaite their next move

    Thanks Niddy

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    • #17
      After a couple of letters from shoesmiths stating willing to accept reduced offers. No response from me.
      Saturday received a letter from them issuing a notice of discontinuation and that they would be informing the courts.
      Will I get notification from the court on this.
      Any advice would be great.

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      • #18
        Originally posted by katwashere View Post
        After a couple of letters from shoesmiths stating willing to accept reduced offers. No response from me.
        Saturday received a letter from them issuing a notice of discontinuation and that they would be informing the courts.
        Will I get notification from the court on this.

        I've replied on your other thread here >


        Originally posted by Diana Mayhew


        No you won’t get a letter from the court.

        The Claimant sends you (Defendant) a Notice of Discontinuance and files a copy at court which confirms that it’s been served on you. From what you say that’s been done.

        Thats the end of the matter.

        Once a claim has been Discontinued the Claimant cannot Issue a new claim based on the same or substantially the same facts (including any legal arguments which you raised in your Defence even if they weren’t raised in the Particulars of Claim) without making an Application to the court for permission which they are unlikely to get.

        A Discontinued claim is like it never happened for Statute Barred purposes, so if this debt is due to be SB by now then it could well be if you haven’t paid or acknowledged the debt for six years. However the date the account defaulted may be relevant.

        Di

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        • #19
          If they have discontinued the claim, they have caused losses to you e.g. time taken in preparation of statements for court, taking legal advice, going to court (days pay plus travel costs) etc. You could claim the costs of time spent as a litigant in person (LIP) and expenses paid out. On the other hand you could chill out and forget the experience.

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          • #20
            Chill out, won, not worth the effort!

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            • #21
              do not waste your time and money, have a better life now
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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