AJ's UE Diary

[The Tech Clerk]

PART 38 - DISCONTINUANCE - Civil Procedure Rules

[Ostrich]

So, if a case is discontinued/struck out (ie unenforceable), the claimant should not be reporting the debt to CRA's? Had no idea. I just assumed it would disappear from the file 6 years after.

[Roger]

Thanks for the responses Roger and Pat.
I do generally keep an eye on my CRA, and will see if anything has changed on that. I definitely won't be contacting them directly.

Re Discontinuance - I wasn't aware the discontinued cases should be removed from the credit report. Is that also the case when the claim is struck out?

WHILE A DEBT IS UE then it can't be reported Its CASE LAW!! You will find this is fairly recent in AAD.

I wouldn't raise CASE Law with CRA
IF this is the CASE have a word with JCS!

[Ostrich]

Thanks for the responses Roger and Pat.
I do generally keep an eye on my CRA, and will see if anything has changed on that. I definitely won't be contacting them directly.

Re Discontinuance - I wasn't aware the discontinued cases should be removed from the credit report. Is that also the case when the claim is struck out?

[Roger]

Ostrich- I really think looking at the CRA will serve no purpose other than to alert Link you are alive and well. In addition it can take several months for creditors to actually register on reports, particularly free ones. My own Barclaycard balance is often 3-4 months behind.

In addition, do you suspect which account this might be? Once they write to you, if it is one of the defeated cases, you could always send the appropriate court letter assuming you have one.

Simply looking at the CRA doesn't alert anybody! Your NOT Contacting a CRA and hence you are communicating with any DCA but your looking will reveal searchs etc.. Also what is or isn't still on there because a DISCONTINUE Case should not be there should it!
I have followed my CRA's for years and stayed one step ahead of DCA's
LINK would have searched before starting phones and TXT's OR if puirchased aDebit LINK will have replaced the Original Owner!

Wait SILENCE until you have a letter in writing. BUT do your homework and CRA's are part of this!

[Pat]

Ostrich- I really think looking at the CRA will serve no purpose other than to alert Link you are alive and well. In addition it can take several months for creditors to actually register on reports, particularly free ones. My own Barclaycard balance is often 3-4 months behind.

In addition, do you suspect which account this might be? Once they write to you, if it is one of the defeated cases, you could always send the appropriate court letter assuming you have one.

[Roger]

Type of account – Lloyds Credit Card
Date commenced - 2017
Approx balance - £4,000
Date last paid – Jan 2021
Are you on arrangement or not paying – No contact made since last payment
Status - Default
Account owner - L1nk.
May '21 Default notice
Aug '21 - LC Asset2 letter advising Llodys have assigned my account to them
Jan '21 - Letter from L1nk - Statement of account
Feb '22 - L1nk - Please get in touch letter. Ignored
Mar ‘22 - Letter from Link telling me to arrange payment plan or they WILL pass to solicitors, who MAY issue proceedings. Filed
April ‘22 - Letter of Claim received.
May '22 - Missed calls from L1nk and Solicitors... expecting post soon...
May ‘22 - CC Claim form received - JCS on the case.
Nov' 22 - CLAIM DISCONTINUED!!!

Had no correspondence for a while until this morning... Voicemail and text message from Link asking me to get in touch. I'll ignore, but I'm curious as to whether they've bought a debt or if this relates to a discontinued claim?
Will update when the inevitable snail mail arrives.

I suggest looking at The Credit Agencies Reports to see whether LINK's name pops up there either by way of Debt OR a HARD Search! A little investigation here might give you an insight it what LINK are up to!

[Pat]

Don’t stress about phone calls. If they have anything important to say they will write.

At that point you can make an informed decision.

[Ostrich]

Had no correspondence for a while until this morning... Voicemail and text message from Link asking me to get in touch. I'll ignore, but I'm curious as to whether they've bought a debt or if this relates to a discontinued claim?
Will update when the inevitable snail mail arrives.

[Ballister]

Congratulations on the good result

[Still Waving]

I never tire of saying "Well done JCS!"

[Ostrich]

Type of account – Natwest Loan
Date commenced - 2019
Approx balance - £17,000
Date last paid – Feb 2021
Are you on arrangement or not paying – No contact made since last payment
Status - Default
Account owner - Natwest.

Dec '21 - Default notice
Monthly statements since.
Mar ‘22 - letter to say Dryd£n Ffax now looking after account
April 22 - First contact from DF. Letter of Claim received. SAR sent.
May '22 - Statment of account
Jun '22 - Letter from DF stating CC Claim has been issued. Awaiting claim form from court.
Nov '22 - Hearing didn't go to plan. Will appeal!
March '23 - CLAIM STRUCK OUT!!!!

This loan account and my overdraft account (entry 10) were combined by NatWest who claimed a whopping sum of circa £20,000.

At the original hearing in November the judge did not find in my favour, but undeterred, Colin G Quinn was keen that I tried to appeal the verdict. We were given the opportunity to appeal this result today.

Joanna Connolly represented me and I am beyond ecstatic that she has confirmed that the entire claim has been struck out!

This is not an old account (opened less than 5 years ago). Don't think just because it's a recent debt that it cannot be defended. They can, and they are!

That's 4/4 of my debts gone thanks to Joanna Connolly Solicitors. 2 didn't even make it to a hearing. Bring on the next one! If you are issued with a claim, contact JCS. Helpful, professional and understanding. Most importantly though, they get results!

There should be a sign up in all debt purchasers' offices. 'You do not mess with JCS'

[Ostrich]

Just received an email inferring LBC has been sent, which stacks up with their timeline . Once received, I intend to contact JCS to see what they think!

Claim form received... Will contact Colin G Quinn at JCS on Monday, but I can see a pretty obvious problem with it already, which hopefully bodes well!

[The Tech Clerk]

good result

[Ostrich]

Type of account – Barclaycard Credit Card (1)
Date commenced - 2001
Approx balance - £7,500
Date last paid – Jan 2021
Are you on arrangement or not paying – No contact made since last payment
Status - Default
Account owner - PRA
Jul'21 - Default notice
Sep '21 - Letter to advise account purchased by PRA group - may pass to litigation dept
Dec'21 - Account passed to litigation dept
Feb '22 - Statement of account. Further letter advising this is a LBC and to respond within 30 days or may issue court proceedings
Mar '22 - Claim letter recv'd
Apr'22 - DSAR sent

Hi everyone. A bit of very good news on this one... Joanna Connolly Solicitors have been defending this case for me. After an initial hearing where the judge asked PRA to amend their claim, we were due to have a second hearing next month... Colin was adamant that my case was very strong and so I have been relatively relaxed about it... and for good reason. Today, Colin G Quinn has confirmed that they have suddenly discontinued the case! Game Over!

Great start to the day! Thanks to everyone at Joanna Connolly Solicitors for all their help with this! 2 down, 5 to go!

Can't recommend this firm enough.