Nationwide/kpr Cca Request- now a Court Claim **WON** Notice of discontinuance

[pt2537]

thread finally moved to the success forum

[creditcardmug]

Originally Posted by pt2537

Right, on the 5th may at 3.55 pm, call the court, ask for the court manager and dont take no for an answer

when you speak to the court manager ask if the claimant has filed an AQ as directed by the judge

if they havent, then ask for the case to be struck out without further order, the court manager has the power to do so , so if they refuse refer them to the order by the judge

I still have received nothing from the court, either a strike out or a discontinuance notice, despite 2 visits to the court, (the lady said only the judge can do that) i presumed the judge wasn't in attendance at the time.

I'm getting a bit worried now however, should i be making an application to the court to get this done or something, if so will it cost me anything/can i claim expences once there is an official strike out/dicontinuance?

Any help appreciated

[pt2537]

Originally Posted by creditcardmug

I still have received nothing from the court, either a strike out or a discontinuance notice, despite 2 visits to the court, (the lady said only the judge can do that) i presumed the judge wasn't in attendance at the time.

I'm getting a bit worried now however, should i be making an application to the court to get this done or something, if so will it cost me anything/can i claim expences once there is an official strike out/dicontinuance?

Any help appreciated

Have you contacted the court and asked them have they received a Notice of Discontinuation ?

i would call the court and explain that the claimant has served you with a N.O.D and you want to check if the court had recieved a copy too

[FANTASY CHARGES]

wei have a funny feeling when you contact the court (which is the local court where the original claim was lodged -- was it swindon) that they will say it is not court policy to send out notice of discontinuance when the claimant discontinues so we suggest you ask to speak to the court manager ... not just the person who answers the phone .

because the same thing happens at the northampton county bulk court
meaning on early discontinuance by a creditor ..... the court does not write to you !!!!

[creditcardmug]

Original claim was Swindon, but was transferred to my local court when i was sent AQ form, NWs NOD letter says they filed it at Swindon.
I'm going in to the court again this week to try and get to the bottom of it.

Thanks paul/fc

[creditcardmug]

Hi again
I visited the court today for the third time trying to resolve this matter, not a very pleasent experience, you have to empty your pockets into a tray and go thro a metal detector and them get all your stuff back.
Ok so at the counter there is thick glass panel, girl speaks via microphone, very difficult to hear anything.
I said can i speak to the county court manager (this is also magistrates court), she said he's not here today, so i decided to explain the problem to her.
I showed her the unless order and asked if it had been complied with/struck out, or in the alternative, if they had received the notice of discontinuance from NW via Swindon CC, she went away to look on the system, came back and said, the discontinuance is on their screen, i said will you send me a notification, she said no, you have the notice from NW, i said but it has no court seal, but she said it's nothing more to do with us now, a very complacent attitude.
So where am i now, i suppose i have to accept that the letter i have from NW is sufficient, if this ever rears it's ugly head again, il'l have to produce it and hope the court still has records of all this.

My concerns are:
If this was restarted at some point in the future would the document i have from NW without the courts seal carry ant weight?.
If i wanted to claim my costs for defending this vexacious claim would i need an official notification of discontinuance form the court?.
Since the judges unless order predated their discontinuance, should'nt this have taken prescidence?.
Is this a new thing where the court no longer issues notices to the defendant?.
Where can i find a run down of current county court procedures?
Does the county court service have it's own complaints procedure?

Sorry to make this boreingly long, but i expect to have to go thro all of this several more times.

Thanks in advance to you all CCM

[Docman]

Yes, the courts do have a complaints procedure and publish a leaflet (EX343) on their web site at Her Majesty's Courts Service - Home

You are supposed to write to the court manager first and then to the 'Area Director'. Personally, I would write to the Area Director. You have visited the court and been told the Manager isn't in, so I'd go to his boss, the Area Director.

[creditcardmug]

Thankyou docman i will follow this up, and keep you all posted

[FANTASY CHARGES]

X-CREDITCARDMUG

get your claim for costs in quick that way you will have proof that they discontinued even if you get nothing they will have to reply so you will have proof of the discontinuance.

is it £9.35 per hour preparing case ?

[pt2537]

Nah, its £9.25 for the litigant in person hourly rate

[rippedoffagain]

Is it being suggested that without confirmation from the court, the claim could be restarted at some point?

[creditcardmug]

No, apparently they would have to apply to the court in order to issue a new claim, i understand this would not be granted unless substantial new evidence emerged.

[rippedoffagain]

I was really thinking "Hang on I've got a notice of discontinuance, but there is no mention on this with MCOL for my case". Smelling a rat sort of thing.