Notice of Discontinuance

[hayley]

Hi

Can anybody tell me what a Notice of Discontinuance means?

Thanks

Hayley

[jowalshy]

This link may help you:-

PART 38 - DISCONTINUANCE

[cashins]

If you have been sent it - it usually means you have won.

David

[hayley]

Hi David

I was sent one back in January.

I sent a CCA request for a Capitol One credit card and every time i sent one another company would take over the debt so i would send out a new CCA request and it kept being passed around so i never got my agreement. A few of the DCA's sent me copies of my statements though.

A few months ago i had court papers off a solicitors called Bryan Carters and it had a few options whether i acknowledged the debt, whether i acknowledged part of the debt or didn't acknowldge any of it. I sent the papers back giving all the history dates, copies of CCA requests, photocopies of the recorded delivery slips etc and said that i was still waiting for a copy of my credit agreement and the account was in dispute.

I then had the Notice of Discontinuance. Then, last week i had a letter off the same solicitors with my statements enclosed and the day after received another letter off the solicitors saying that if i did not make contact with them by April 25th they were starting court action. I dont really know what to do

Any help is much appreciated

[cashins]

Bump

[pt2537]

Right, when they filed the first claim, did you file a defence?

also is their threats of legal action for the same debt as the first action?

if the answer is yes to both then they need the permission of the court first before they can restart litigation

but that of course hinges on the answer being yes

[FANTASY CHARGES]

Originally Posted by pt2537

Right, when they filed the first claim, did you file a defence?

also is their threats of legal action for the same debt as the first action?

if the answer is yes to both then they need the permission of the court first before they can restart litigation

but that of course hinges on the answer being yes

pt if the answer is no meaning hayley has not filed a defence d

would this work
hayley exercises her right

Right to apply to have notice of discontinuance set aside 38.4 (1)Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside (GL) .
(2)The defendant may not make an application under this rule more than 28 days after the date when the notice of discontinuance was served on him.

then puts in a defence ?

and then if they discontinue again

they have to get permission if ever from the court to start the case again

i know it's only hypothetical but worth a try !

[hayley]

Originally Posted by pt2537

Right, when they filed the first claim, did you file a defence?

also is their threats of legal action for the same debt as the first action?

if the answer is yes to both then they need the permission of the court first before they can restart litigation

but that of course hinges on the answer being yes

Hi

I did file a defence and my defence was that they had not sent me my CCA and yes It is for the same debt.

Thanks

Hsyley