Thanks for your help Andy

OK, invitation sent out to issue a notice of discontinuance, which was received today from the solicitors, what next how do I reclaim my costs even tho it was small claims court ? Thanks in advance.

So do i fill in two copies send one to their solicitors and one to the courts ? Or shall i invite them directly in writing to give the courts notice of discontinuance thanks Andy.

[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 ?

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 ?

A big thanks to this forum, I have learned a lot, not posted till now, but you guys have been an inspiration.

So let June come then as I have with my gutt feeling!

Sorry just replied amended my post, I sent an SAR intially to RBS and then to the solicitor prior the court case, was looking to see any correspondance between them and RBS or admission of no CCA.

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.

Thanks Judge also noted in the Judgement RBS declined the opportunity of Mediation.

They filed a claim, didn't help when they didn't have the neccessary prescribed terms (2), one being a wrong account number.

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.