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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.

  • Haha 1
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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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