Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

[creditcardmug]

Seems to me the court has made this order BEFORE receiving the Notice of Discontinuance from the claimant, you need to phone the court for clarification.

[SharpmanTF1]

CCM the letter they sent me for discontinuance was dated 6th nov. The day that the reply had to be in the court by. the latest letter from court was dated 10th november.

 

Thinking of sending this to the claimants sols

 

I received your letter dated 06th November 2008, the contents of which have been duly noted.

 

I would advise your client that, as I have complete and valid defence to the Claim your client has raised against me, that any further attempts at proceeding further collection activities against me will leave me no option but to apply for the discontinuance to be set aside.

 

However, if your client will agree to discharge me from the alleged debt and remove all data from my credit file held at any and all agencies that this information has been passed to then I will gladly accept their Discontinuance.

 

I trust you will convey this information to your client promptly.

 

any views / additions or more robust language that I could use.

 

Sharpman

[creditcardmug]

Yes sure send them that, get them to remove those credit file entries.

[SharpmanTF1]

was thinking of hitting them with this as well.

 

I received your letter dated 06th November 2008, the contents of which have been duly noted.

 

 

 

As your Client has decided to discontinue with the claim, I am, therefore, pursuant to CPR 38.6 (1) respectfully asking that your Client pay the costs which I have incurred as a result of this claim. The sum of which I feel are reasonable.

 

Time Spent Researching The Consumer Credit Act 1974 and The Regulations 12hrs

Time Spent Researching And Reading Case Law 8hrs

Time Spent Drafting Defence And Amended Defence And Allocation Questionnaires 8hrs

Approximate Total time Spent at the Litigant in Person rate of £9.25 per Hour 28hrs

 

These time scales are a conservative approximation. I feel that I have spent much more time than this however. I am, under the circumstances trying to remain reasonable.

 

Other costs incurred:

 

Printing, Stationary and Postage £12.00

Letter writing between myself and Drydens - 2hrs £19.00

Total other costs £31.00

 

Litigant in Person Costs 28 hrs @ £9.25 per Hour – £259.00

Other Costs Incurred - £31.00_

Total Costs - £290.00

 

I respectfully request that this sum be paid by way of cheque to me within 21 days. Made out to Mr Sharpman.

 

 

Yours

 

are there set amounts of time allowed for preperation etc. Because i'm pretty sure i've burnt the candle into the wee hours during the time this thing started.

 

sharpman.

[bazaar]

If youve spent time on their frivolous claim, then log it, you'll be suprised how much it adds up to.

Times the hours by 9.25, that swhat youre allowed to claim

[SharpmanTF1]

Ok,

sent costs letter to Sols, they said they would pass this to client for consideration!.

[Gilbert_O'Sullivan]

Right they have discontinued the claim,

 

So they fall liable for your costs now, see CPR part 38

 

secondly you do not have to accept discontinuance, you can apply under CPR part 38.3 to have it set aside and go to trial

 

they have no other means available to them to recover the monies to be honest and i think that the discontinuance needs a reply thats for sure

 

PT, why would the poster have the discontinuance set aside for? What would he gain?

 

Also, as the case had not gone to trial how can he claim costs? And what if it would have been heard in small claims, cpr says you can't claim them?

 

Btw, I'm just asking to understand, I don't doubt your knowledge at all!

[SharpmanTF1]

no reply to costs request from either their sols or the OC.

 

Any suggestions as to my next step.

[bazaar]

Did you give them a time limit?

if you have, I think a LBA might jog em along a bit

[SharpmanTF1]

Ok, would I send the LBA to their Sols who were dealing with the claim, or would I send it direct to claimant?

 

Also, I think the claimants are being m****s as I recieved a letter from them giving me 'Notice of Arrears' as per 'Required by the Consumer Credit Act 1974'

 

I realise, due to recent changes that they have to send these letters out after so many missed payments with information sheet from OFT.

 

Should I just ignore it. or could these be construed as harrasment. Because, technically they don't have a valid, correctly executed CCA. They had their chance to seek court intervention, but withdrew at the last minute.

 

Also, any one point me to good LBA for costs template/letter?

 

Sharpman.

[bazaar]

Hi Sharpman

It looks like although they have discontinued this time, they may try to resurrect this again by sending out the new notices. So PT has advised something that you should consider.

Hopefully he'll post up a suitable response

[atwozee]

Also, I think the claimants are being m****s as I recieved a letter from them giving me 'Notice of Arrears' as per 'Required by the Consumer Credit Act 1974'

 

I don’t understand this – surely this account is closed and the agreement deemed terminated – check the DN and see if they refer to terminating the agreement if the arrears aren’t paid up.

Also the claim for the full balance would be construed as terminating the agreement – one would assume that they are under the mistaken belief that this account is live.

I would suggest a stiff letter to them reminding them that they have ended the agreement and they have no right to issue a notice of arrears.

[SharpmanTF1]

Thanks bazaar/atwozee,

 

At a time like this I was wishing they went the whole hog so the courts could get them off my back once and for all.

 

But I guess this is the

'BY other means ........

 

That their Sols talked about.

[Viscount Stair]

I am looking into the whole question of Arrears Notices, which seems to me to open up a whole new line of attack.

 

My current understanding is that the obligation to send ANs survives termination and continues until a judgment is obtained or the arrears are paid off.

 

I am not sure what "other" means Nationwide could legitimately employ (as opposed to means employed by the illegitimate ) but there are two possible explanations for the AN: either the computer has not yet been told of their discontinuance or they are keeping their options open.

[creditcardmug]

Hi mate, got your PM, im afraid i didn't bother going for my costs (although in a way i wish i had now), i have just had a letter from them 6 months! after the discontinuance, requiring me to pay up! (of course im ignoring it).

 

The thing is, you can object to the notice of discontinuance, thus forcing them to go through with the claim all the way to a hearing, insisting on a judgement, if this goes in your favour there is no way they can ever resurect it, so this is one way to go, if you have the stomach for it. I notice pt has reccommended it on a couple of threads.

 

All that said, if they wanted to resurrect it on the same facts, they would have extreme difficulty, as they would have to seek the permission of a judge first, and you would obviously object.

 

I know x20 has had something to say about all this on a couple of threads, if i find them i will post the links for you, or you could maybe PM him, although i know hes busy.

[SharpmanTF1]

Thanks CCM,

I'll throw an LBA at them to see if they'll shift and cough up.

as for the ANs then, I guess i'll file them under file 13.

[SharpmanTF1]

result .....

 

had a letter from OCs sols, Cheque for full amount requested.

 

so, if any of you out there have had a discontinuance with nationwide and drydens are the sols then hit them with a costs letter.

 

they were slow in coughing up, but that may have been to do with nationwide. But they did cough up, so fair play to them.

 

sharpman.

 

ps

to admin, please add to the won list.

[bazaar]

Nice one:D

[creditcardmug]

Excellent,well done:D

[caro]

Congratulations Sharpman. I don't get to add WON to so many threads these days so I'm delighted to be able to do yours.

 

Don't forget the survey and if you could manage a donation it would be very welcome.

[Guest janensteve]

This is a good thread, i had a notice of discontinuance from BOI, they screwed up on the DN and ternmination notice. Prior to serving notice of discontinuance, they then served a correct DN albeit, 9 months after the previous incorrect DN. I ignored the latest DN as i considered the previous DN as terminating the agreement. whats laughable, is that the 2nd letter terminating the agreement, points to the latest DN, but refers to an agreement date that the claimant does not dispute is wrong.

 

I unfortunately did not strike out the previous claim when it was discontinued, but CPR will help on this as the claim is substantially the same and they did not reserve liberty to re-apply. I was therefore entitled to believ that the matter was over.

 

am i on a sticky wicket here ?

[42man]

GREAT news SM....well done...

[zamtaff]

I have the same problem only i hav Eversheds in the last witness statement i have a DN with some one else name on it and tell the court this the template i would have would have received and also quoting Rankine. Wasted costs hearing on 24th march will follow this advice