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    • I managed  to get through to northants bulk today, spoke to a lady who told me after taking my details,the case no, my address etc, that it's not one of their cases? She then asked me if I knew the total amount ,I said no.   She asked regarding the claimants name, after which she enquired as to what letter & form I had been sent, and what court had sent it.   She then informed me that because it was my local county court ( manchester) who are dealing with it they're the ones I will have to go through as she'll be " limited as to what she'll be able to say".    I have her my reasons why I've called ie obtain a copy of the judgement and the claim form, she said " the claim form when it was initially issued is not something we can send out again,but the court will be able to send you case details & I'll be able to get them through my local court,they're will be a £10 fee for copies of documents but I'll need to go through Manchester county court who have the case file"    I asked if Manchester Will have the claim form? She said no as the claim form can't be reproduced,but I'll be able to get case details which will have the information which would have been in the claim form. They will have the particulars of claim, which will tell you what the claim was about.   I asked if their is any way I can get the claim form, she responded with " the claim form can't be reproduced" but you can get case details which will the information that would have been on the claim form through Manchester county court, and a copy of the judgement will come from there too,as they are dealing with it now.   She told me the case was initially at a different county court (name indistinguishable due to bad connection) and is not a case they've dealt with, and they (northants bulk) only deal with online claims?  And mine was a manual claim, so I'm to contact Manchester,as I need to go to them direct.    So I'm kind of lost now in terms of what steps to take next.     In regards to what date was on the bailiffs letter he left it blank, and only filled in the area underneath which asked for " ref " which he filled in with one letter and one number.     Hi there   Yes I'm thinking of crossing out what I've filled in on the form and ask for a suspension on this matter as I've been the victim of identity fraud. It must have been someone from one of my temporary abodes as I did have mail sent to a couple of the addresses.   Yes I'll definitely be calling northants bulk on Monday as a matter of urgency, and will post off the form the same day too.   I'm not sure what date is on the form but I will definitely check once I'm home and update you on here.   Thank you for clarifying the abbreviation.    Hi ,just to ask, would I still be subject to the 8 day reply thing,as he's not put a date on the letter,and would you have any idea why he did that.    Many thanks
    • Hi, I managed to get through to northants bulk today, spoke to a lady who told me after taking my details,the case no, my address etc, that it's not one of their cases? She then asked me if I knew the total amount ,I said no.   She asked regarding the claimants name, after which she enquired as to what letter & form I had been sent, and what court had sent it.   She then informed me that because it was my local county court ( manchester) who are dealing with it they're the ones I will have to go through as she'll be " limited as to what she'll be able to say".    I have her my reasons why I've called ie obtain a copy of the judgement and the claim form, she said " the claim form when it was initially issued is not something we can send out again,but the court will be able to send you case details & I'll be able to get them through my local court,they're will be a £10 fee for copies of documents but I'll need to go through Manchester county court who have the case file"    I asked if Manchester Will have the claim form? She said no as the claim form can't be reproduced,but I'll be able to get case details which will have the information which would have been in the claim form. They will have the particulars of claim, which will tell you what the claim was about.   I asked if their is any way I can get the claim form, she responded with " the claim form can't be reproduced" but you can get case details which will the information that would have been on the claim form through Manchester county court, and a copy of the judgement will come from there too,as they are dealing with it now.   She told me the case was initially at a different county court (name indistinguishable due to bad connection) and is not a case they've dealt with, and they (northants bulk) only deal with online claims?  And mine was a manual claim, so I'm to contact Manchester,as I need to go to them direct.    So I'm kind of lost now in terms of what steps to take next.     In regards to what date was on the bailiffs letter he left it blank, and only filled in the area underneath which asked for " ref " which he filled in with one letter and one number.     Hi there   Yes I'm thinking of crossing out what I've filled in on the form and ask for a suspension on this matter as I've been the victim of identity fraud. It must have been someone from one of my temporary abodes as I did have mail sent to a couple of the addresses.   Yes I'll definitely be calling northants bulk on Monday as a matter of urgency, and will post off the form the same day too.   I'm not sure what date is on the form but I will definitely check once I'm home and update you on here.   Thank you for clarifying the abbreviation. 
    • OK, thanks, please do so when you have time.   If you want a good laugh, read post 14 at  https://www.consumeractiongroup.co.uk/topic/435008-smartcst-anpr-pcn-paploc-wrong-reg-hardwick-road-stockton-on-tees/?tab=comments#comment-5111577  This is a letter mainly the work of forum regular Lookinforinfo.  It contains all the legal arguments about why you're in the right.  It was sent in May after a threat by the parking company to take a motorist to court but strangely the parking company have been conspicuous by their silence since!  
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Discontinuance - is that it?


Blossomandebony
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:confused: Just got a quick question:

 

If a company makes a claim against you, then sends you a Notice of Discontinuance, does that mean they can never, ever make the same claim again? In other words, are you free of the alleged debt?

 

Or could they sue you by way of a counterclaim, if you made a claim against them for a refund of charges?

 

Sorry if that sounds confusing but I'm sure someone, somewhere will understand what I mean!

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ok, under the Civil Proceedure Rules it is the case that where the claimant discontinues the case he may not without the permission of the court file a claim on the same facts. so basically unless the material facts are different they would have to seek permission of the court to counter claim or issue a new claim

 

ive included the section of hte CPR which deals with this

 

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a)he discontinued the claim after the defendant filed a defence; and

(b)the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

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Thanks, PT.

 

I wonder if this has ever happened to anyone on here - that is, they receive a notice of discontinuance, then the company comes back with a new claim a few months down the line?

 

I hope not, because I've just received a Notice of Discontinuance from a bank even though they had got the CCJ, (by default). I applied for a set aside and got the discontinuance notice soon after.

 

Basically, I'm thinking I may be rid of this debt but don't want to count chickens yet . . .

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