RBS/Nelson Claimform old Card Debt **WON**

[gaz2006]

Thanks Curly i will

[stapeley]

WELL DONE read and reread thread , gettin prepared for three summons to arrive !

[gaz2006]

I now have moorcroft saying they are issuing court proceedings over same debt when solicitors discontinued claim above . i thought they ie ultimately its a nat west debt couldnt go back to court again on same grounds ? Regards Gaz

[pt2537]

Hi there,

 

What have moorcrap had to say then?

 

They cannot restart an action without leave from the court since they failed to see through the original case and discontinued

 

can you post a copy of the moorcroft letter removing all hte personal details so we can see what they are babbling on about

[Curlyben]

Sounds like typical Moorcroft ~Pre-litigantion Dept Bovine Excrement to me.

I don't think MC have any other departments other than this one.

Even on the phone they insist that they WILL be filing court action immediately, well I'm still waiting for mine

[gaz2006]

Correct moorcroft pre legal action letter , they didnt start the action before it was a firm of solicitors acting for nat west seems now nat west passed it to moorcroft so what do I do ignore o rwhat . i did say to a pest on phone from moorcroft action was started before and discontinued he said debt with moorcroft the could do what they liked regardless of what happened before . It is standard moorcroft threatening letter . Ill post if you like but just threats etc my point is whether they can pursue now as discontinued at court regards Gaz

[Curlyben]

From CPR38 ( PART 38 - DISCONTINUANCE )

 

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.

 

And the chances of that happening are extremely slim.

Gee what a shame

[gaz2006]

thanks buddies

[gaz2006]

Looking at the link it says I can claim costs against the people who discontinued is it worthwhile doing that if so how do i go about that and what should I claim ? regards Gaz

[pt2537]

Ok, here we go

 

Dear Sirs,

 

I note that you have made demand for monies in relation to agreement no XXXXXXXXXX

 

Please note, this matter has previously litigated and the claim was withdrawn after my defence was filed. in line with CPR part 38, i draw your attention to the fact that this matter cannot be brought back before the court without leave from the court as the facts appear to be materially the same

 

In view of the fact that this matter has been before the court and the claimant failed to support their claims before the court, and subsequently discontinued the case, i invite you to withdraw your frivolous threats and close this matter accordingly.

 

Failure to do so will result in a formal complaint to the OFT asking they consider your companies fitness to hold a Credit licence

 

In addition,should you persist in making frivolous demands for payment, i require you to supply me a copy of the contract upon which you base these demands, i must warn you that a refusal will be met with a formal application to the court under the pre action disclosure rules and i will ask the court to order you to produce the document as it is essential to any case that i may wish to bring against you or any organisation you represent. For the avoidance of doubt, this letter will be produced before the court especailly when the matter of costs falls due

 

should it become apparent that you do not hold the agreement or the agreement fails to include the prescribed terms and or is unsigned by me then i will make an application to the court for a declaration pursuant to S142 Consumer Credit Act 1974

 

I would also like to point out that since the claim number XXXXXX was discontinued, your client is liable for my costs per CPR 38, i shall forward you a schedule of costs for payment as you appear now to be the owners of the alleged debt

 

I trust that you will give due consideration to the points set out above and either comply with my requests , in the alternative i expect you to cease collection activities and close the account.

 

No further correspondence will be entertained

 

 

Regards

 

XXXXXXX

 

 

 

try something along those lines

[gaz2006]

sounds brilliant thanks