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Hi

 

last month I won a Judgement when I challenged RBS for a copy of a CCA,

they produced a copy which was non complient,

 

this went to the small claims court the Judge agreed with my defence

and ordered they had failed to comply with the relevent CCA 1974

and put the proceedings in stay until RBS complies with its reponsibilities to the satisfaction of the court.

 

Part two said if they failed to comply with part one the claim would be dismissed by June 2014.

 

Today I receive a letter from their solicitors

"without prejudice save as to costs"

asking me two sign a consent order which states.

 

 

Consent Order

 

 

1. The claim is withdrawn

 

 

2. No order as to costs

 

 

Whats their game when they can just withdraw the claim ?

 

I have my suspicions.

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No... Stick to your guns here, did they initiate proceedings?

A Consent order (from what i know) is very rare (From my view of these forums) but they do happen.

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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Wow okay, thats interesting... My suggestion, keep the claim going and get it struck out, a Consent order can be a double edged sword.

If you are confident, they will not beable to supply this info, then you may possibly beable to counter claim... Costs etc...

 

See this is what i Love about the English Justice System, it gives both parties an opportunity to sort out disputes with siding with someone.

 

However the decision is yours on this one. Personally I wouldnt fall for it.

 

Also Welcome to the forums, as IMS mentioned below; The legal guys will be along shortly.

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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Declined Mediation? Hmm.... Admin Failings here?

 

If they have got the wrong account number etc, well thats something there as it is...

Who was the company who initiated proceedings or did RBS do it themselves?

 

We could do with some help from you.

 

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**Fko-Filee**

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Solicitor on instructions of RBS,

 

I've had various correspondance to and fro from April 2012

when I put this account in dispute after RBS failed to comply

 

and its been passed on from DCA to DCA and then this solicitor,

 

so I asked for SAR request which they sent in a nice ring binder

and proved that they had only the same information as me when I sent RBS an SAR,

 

a defective CCA.

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SAR should have gone direct to RBS... The solicitor would only have certain inform that's been given to them by the requestor, in this case RBS.

 

No digs against you, you did what you thought was right :-)

 

(From the way you've written it sounds like you SAR'd The Solicitor)

 

We could do with some help from you.

 

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Hi Fireball....

 

If you won judgment why are they requesting you consent to withdraw the claim?

 

Regards

 

Andy

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I asked the Judge in my defence to "strike out" the claim, she put a stay of hearing and set a deadline for RBS to comply, when this deadline expires case is dismissed should they not produce legit documents.

 

 

That's what I can't understand, why sign a consent order, when

 

 

A. They can withdraw the case with out my permission

 

 

B. Produce a CCA that has not been fabricated before June

 

 

Is their Solicitor playing games, just wondered if you guys would possibly see the angle they are thinking ?

Edited by Fireball68
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So there is no judgment the claim is merely stayed until June until the Claimant discloses the required documents which failure will lead to the claim being dismissed.

But you refer to part 1 and part 2 is only part of the claim stayed?

 

The reasoning behind the consent requesting your permission is to by pass wasted costs...you could ignore the consent and respond by inviting them to issue a Notice of Discontinuance and you will be requesting costs in the case.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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[andyorch;4486551]So there is no judgment the claim is merely stayed until June until the Claimant discloses the required documents which failure will lead to the claim being dismissed.

But you refer to part 1 and part 2 is only part of the claim stayed?

 

The reasoning behind the consent requesting your permission is to by pass wasted costs...you could ignore the consent and respond by inviting them to issue a Notice of Discontinuance and you will be requesting costs in the case."

 

Part one states they are non compliant and know interest shall incur until they comply with the CCA act 1974 and provide documents that satisfy the court.

 

Part two, gives them a dead line for compliance or strike out. Thanks for your advice Andy do you have any examples of a notice of discontinuance or do i request this and let their solicitors compile it ?

Edited by Andyorch
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There you go :-

 

http://www.justice.gov.uk/courts/pro...l/rules/part38

 

On Court form number N279.Just request it they are fully aware of what it is:-)

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No the claimant files and serves not you.

 

" respond by inviting them to issue a Notice of Discontinuance "

We could do with some help from you.

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  • 1 month later...

No wasted costs in SCT im afraid Fireball.

We could do with some help from you.

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