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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***


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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.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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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

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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.

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  • 3 weeks later...
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!:)

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  • 3 weeks later...

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.

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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

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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.

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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.

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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.

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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.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 1 month later...

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.

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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.:D

 

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

The Consumer Action Group is a free help site.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 month later...
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 ?

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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

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