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**Timewilltell** · 7 October 2020, 15:19

Cracking post Zepp!

**Joanna Connolly Solicitors** · 7 October 2020, 15:22

Originally posted by Zeppelin View Post

I wanted to highlight and publicise my thanks once again to Joanna Connolly Solicitors (JCS) for their highly professional input and guidance in successfully defending a recent case brought by Cabot Financial in relation to an old Halifax credit card account. Not only did JCS successfully defend the action but a Notice of Discontinuance was also issued by the Court which, as I understand it means the account cannot now be sold to any other DCA.

As I've suggested before, I'd urge all AAD members to take advantage of the option available through AAD to have access to JCS, their professionalism and expertise and friendly and helpful personnel.

Cabot can sell the debt to whomever they like, but no one else should issue legal proceedings against you now.

A Discontinuance is always nice especially when it happens so quickly after solicitors are instructed. It suggests that the Claimant is fearful of the potential outcome so immediately runs up a white flag.

Happy to help (again)

Di

**Timewilltell** · 7 October 2020, 15:23

I’m all for their white flag antics ?

**Zeppelin** · 7 October 2020, 15:36

Originally posted by Diana Mayhew View Post

Cabot can sell the debt to whomever they like, but no one else should issue legal proceedings against you now.

A Discontinuance is always nice especially when it happens so quickly after solicitors are instructed. It suggests that the Claimant is fearful of the potential outcome so immediately runs up a white flag.

Happy to help (again)

Di

Thanks for the correction Di; I've obviously misunderstood something (not for the first time!). Cabot collapsed almost immediately once JCS were fully involved, partly I imagine as they realised the paltry amount of CCA evidence they had available. Its still galling to say the least that they can bring a case to court when they don't have the relevant authority to do so. JCS will attempt to recover as much as they can from the claimant by way of costs although I understand this is a difficult process and likely to take some time. A pity they don't take more care in fully considering which cases to take to court as opposed to their apparent scatter-gun approach. JCS won the case however which is the most important thing!

**m934xtc** · 24 October 2020, 19:26

Many thanks to Colin and Joanna and Di for the help with beating Lowell .
This is the second Discontinuance they have helped me with , one with PRA .In my view money well spent.
If you get a claim , message or talk to Di or Colin their expertise will put your mind at ease , once appointed they will lead the way leaving you to carry on with life. The great value cost far out ways the cost if you get a CCJ.
I am 3 years into my journey,
Many thanks Joanna Connolly Solicitors. xx

**Zeppelin** · 25 October 2020, 13:49

Originally posted by m934xtc View Post

Many thanks to Colin and Joanna and Di for the help with beating Lowell .
This is the second Discontinuance they have helped me with , one with PRA .In my view money well spent.
If you get a claim , message or talk to Di or Colin their expertise will put your mind at ease , once appointed they will lead the way leaving you to carry on with life. The great value cost far out ways the cost if you get a CCJ.
I am 3 years into my journey,
Many thanks Joanna Connolly Solicitors. xx

Congratulations m934xtc!!

**Warwick65** · 28 October 2020, 12:56

Originally posted by Zeppelin View Post

Thanks for the correction Di; I've obviously misunderstood something (not for the first time!). Cabot collapsed almost immediately once JCS were fully involved, partly I imagine as they realised the paltry amount of CCA evidence they had available. Its still galling to say the least that they can bring a case to court when they don't have the relevant authority to do so. JCS will attempt to recover as much as they can from the claimant by way of costs although I understand this is a difficult process and likely to take some time. A pity they don't take more care in fully considering which cases to take to court as opposed to their apparent scatter-gun approach. JCS won the case however which is the most important thing!

Sadly so many court claims go undefended it becomes worth their while to just issue claims- particularly I think (personally) when the individual has refused to engage in any way i.e ignored in the hope it will go away.

Yes sometimes ignoring is best, particularly for those claimants who will issue a claim come what may but sometimes engaging is the best option. What I am saying is every case is different and that's why people need to come here and get advice.

The other thing to be aware of is that 'best practice' evolves over time . I think claimants become aware of the tactics we use and get those 'ducks in a row' so we need to change tac

**Zeppelin** · 28 October 2020, 17:01

Originally posted by Warwick65 View Post

Sadly so many court claims go undefended it becomes worth their while to just issue claims- particularly I think (personally) when the individual has refused to engage in any way i.e ignored in the hope it will go away.

Yes sometimes ignoring is best, particularly for those claimants who will issue a claim come what may but sometimes engaging is the best option. What I am saying is every case is different and that's why people need to come here and get advice.

The other thing to be aware of is that 'best practice' evolves over time . I think claimants become aware of the tactics we use and get those 'ducks in a row' so we need to change tac

These seems a very fair points Warwick 65. From recent correspondence I think Drydens Fairfax may be gearing-up for another try at court action (as mentioned in one of the other Success Stories. If they do in fact send letters threatening court action in relation to the account they refer to I might send them a response (for once) telling stating if they initiate court action I will ask JCS to represent me. Might scare them off I suppose!

**The Tech Clerk** · 28 October 2020, 17:55

that would not deter them, they would think you are trying to be clever, as they can issue court proceedings and then decide how it pans out, also your letter would be in a bundle for the judge on occasions.

we do not abuse our advisors/solicitor in that way. we try and act professional or we will be taken as a joke by these companies!

**Warwick65** · 29 October 2020, 14:22

Originally posted by Zeppelin View Post

I might send them a response (for once) telling stating if they initiate court action I will ask JCS to represent me. Might scare them off I suppose!

The problem there is of course if you do not then have representation they could try to twist that into you being unreasonable or indeed be more persistent thinking JCS had refused the case.

I agree with the Tech Clerk - not a good idea although I appreciate how tempting it is- I once wrote to a creditor basically saying come and have a go if you think you're hard enough- make me bankrupt. At the time I had nothing to lose but it could so easily have backfired on me so not something I would ever recommend now.

**Zeppelin** · 30 October 2020, 17:12

Originally posted by The Tech Clerk View Post

that would not deter them, they would think you are trying to be clever, as they can issue court proceedings and then decide how it pans out, also your letter would be in a bundle for the judge on occasions.

we do not abuse our advisors/solicitor in that way. we try and act professional or we will be taken as a joke by these companies!

I'm not trying to start a fight here

and particularly not with members who may have forgotten more about the relevant regulations than I'll ever know! However, I genuinely don't understand the points Tech Clerk raised, which to be fair Warwick65 seems to endorse. I'd like to understand how the type of letter I mentioned .... "would be in a bundle for the judge on occasions". I'd thought that DCA's generally want to avoid a case actually being before a judge as, if they lost, that might set precedents in terms of Consumer Credit legislation that would threaten their business model.

The very last thing I'd want to avoid is placing JCS in a difficult position, especially after successfully defending two cases brought by DCA's and their solicitors; at the moment however I don't understand how sending the type of letter I mentioned would do that so wouldn't send the letter in any event.

Neither Drydens Fairfax or Cap Quest Investments Ltd appear to be listed on the Financial Services Register (although Drydens Ltd are). As things stand at present, DF do seem to be gearing-up for another Letter of Claim shortly after losing the case I mentioned under one of the other Success Stories and this for an account where even less CCA evidence has been supplied.

**Warwick65** · 30 October 2020, 22:56

You need to remember that generally a case in the county court is not binding on other judges. They need to be appealed before they become binding (generally).

There are examples of threads from online forums appearing in trial bundles and anything you write could also be included.

Also most cases are not published so can not be used even to try and persuade.

As Di has said, often in pre litigation, less is more. I know the urge to take the fight to them
but in most cases it is better not to.

**Roger** · 30 October 2020, 23:14

It is for the Claimant to prove their claim!
So the thinking is do or say nothing that will strengthen their Case. Like playing cards keep them close to your chest!
Learn to sit on your hands and be patient! Less is more.

**The Tech Clerk** · 31 October 2020, 17:07

Originally posted by Zeppelin View Post

I'm not trying to start a fight here

and particularly not with members who may have forgotten more about the relevant regulations than I'll ever know! However, I genuinely don't understand the points Tech Clerk raised, which to be fair Warwick65 seems to endorse. I'd like to understand how the type of letter I mentioned .... "would be in a bundle for the judge on occasions". I'd thought that DCA's generally want to avoid a case actually being before a judge as, if they lost, that might set precedents in terms of Consumer Credit legislation that would threaten their business model.

The very last thing I'd want to avoid is placing JCS in a difficult position, especially after successfully defending two cases brought by DCA's and their solicitors; at the moment however I don't understand how sending the type of letter I mentioned would do that so wouldn't send the letter in any event.

Neither Drydens Fairfax or Cap Quest Investments Ltd appear to be listed on the Financial Services Register (although Drydens Ltd are). As things stand at present, DF do seem to be gearing-up for another Letter of Claim shortly after losing the case I mentioned under one of the other Success Stories and this for an account where even less CCA evidence has been supplied.

Have you been in court and seen paperwork of sorts produced, some of us have?????

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