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Found 10 results

  1. Hello everyone, I have recently issued a small claim against a company, but do not want to go through with it any further. The defendant did issue a defence and requested for Mediation, but subsequently changed their mind. I was wondering if I can still issue a Notice of discontinuance (N279) form before the case being allocated to a track? If yes, which court do I write down? Should I send this via post to the Money Claims centre in Manchester or via email? I have been utilising the new beta Money Claims service, which does not provide information on the matter. I wa
  2. uncle buck/moriaty law (the claimants) served me with an N279 notice of discontinuance in February which i thought was the end but today uncle buck have gave me the usual threats about what will happen if i dont pay... yep you guessed it!! court action.. i am wondering why they discontinued in the first place. best regards
  3. Hi, Can anyone help please? To cut a long story short, I have a letter of Notice of discontinuance (N279) from back in 2015 from Restons. It states The claimant discontinues all of this claim, however over the last few weeks I have started receiving requests for payment for this alleged debt from Cabot. (I know Restons are Cabots solicitors) Do I continue to ignore these letters or send them a copy of the discontinuance and request they stop harassing me? Thanks
  4. Two years ago I raised a claim against my ex husband for gambling debts that he owed me. My solicitor told me to discontinue this claim and to deal with this through the marital route. Unfortunately the marital solicitor has not worked for me and I am left still trying to recoup the money. Does anyone know whether I can reissue my original claim with the mcol? Thank you
  5. Hi all, I received a claim form from MIL Collections relating to a private land parking notice I was issued a few years back. I submitted my defence and had been assigned a hearing date for end of May. I needed to prepare my witness statements for this week to be delivered to the claimant and the court. However today I received a N279 Notice of Discontinuance from the claimant. Now I understand that this means that the claim is over (and I essentially won). But I also have read that I can claim my costs - however this is where I become a little unclear. I have read the Civil Pr
  6. Dear All, I have a scenario here I would like to get your views on. Suppose in a county court X makes a claim against Y and in turn Y makes a counterclaim against X under Reference Z (I am assuming counter claims are under the same reference number) X now wishes to discontinue the claim against Y My question is simply, will the entire claim then discontinued under Reference Z including the counter claim If Z wishes to pursue the counter claim, will he need to file a new claim in the county court? X will be liable for Y costs - would there need to be a small claim made
  7. Hi all, I was hoping some of you could possibly help me please. I received a CCJ claim form from a very old debt (2004) that I am 99.99999% sure is SB. The purchaser of this debt has been writing on and off now for almost 6 years. I have never called or written to them in all that time. They purchased this debt coming up to maybe 6 years ago now and the account was well into default by that time, with no payments being made for well over a year. So by my reckoning there has been no payment or acknowledgement of the debt for almost 7 years. I have done the acknowledge clai
  8. Hi, A little advice pls.. brief outline of my case, received notification from mortimer clarke solicitors concerning an alleged debt from a pre 2006 loan with northern rock.. . fired off a CCA request and didnt receive a reply until court proceedings arrived some 4 weeks later.. . sent failure to respond to CCA letter and filed defence stating that account was in dispute. .. have just received apology from mortimer clarke and a notice of discontinuation.. my question is will any future court claim be unlikely or will it make no difference to any
  9. Hi there My wife decided to file a claim against someone who we rented a holiday home from. Small claim (under £2,000) submitted through the Money Claim online website. She is now questioning her decision given the hassle involved of pursuing the claim (it is not clear cut as relies on sale of goods act etc) and is considering discontinuing the claim. The claim was submitted just this morning. I see there as being two options: 1. discontinue the claim A couple of questions on discontinuance if I may: - am I right that Part 38 (38.6) of the CPR applies to this clai
  10. Hi, I recall that a creditor can pursue a borrower for sums allegedly due under an agreement that has been lost/destroyed, as a judge decided that was acceptable. My question is, if an agreement has not been lost/destroyed but has been clearly and concisely shown to be an unenforceable document. And a claim has been issued, defended and then discontinued, can the claimant (legally or lawfully) continue to demand payment? If so, then I shall file said demands in the appropriate place, if not then would these demands constitute harassment? Thanks for your responses, Bill.
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