County Court Claim- Bryan Carter

[aloysiush]

Pay the claim and refuse the balance. If they sue for the balance, file a defence claiming estoppel and abuse of process. Henderson v Henderson has been mentioned - the leading case, but there are many since then, which support the above.

 

This could be a cheap way out, if you can afford to pay the small claim. Even if you not pay and they get judgment, they cannot proceed for the balance. If they do - as above!

[creditcardmug]

Pay the claim and refuse the balance. If they sue for the balance, file a defence claiming estoppel and abuse of process. Henderson v Henderson has been mentioned - the leading case, but there are many since then, which support the above.

 

This could be a cheap way out, if you can afford to pay the small claim. Even if you not pay and they get judgment, they cannot proceed for the balance. If they do - as above![/quote

 

Sorry i dont agree with that

[jaybee24uk]

Surely if I pay that means I accept the debt?

 

I can't even remember this account, and if it was it could have been in thr 1990's.

 

So do I just base the defence that I do not aknowledge the debt and they can't prove it?

[creditcardmug]

I would ignore eveything in post 26 if i were you, but im not, its up to you thats all im saying

[aloysiush]

Creditcardmug,

 

Do you say ignore because you do not think anything should be paid (I can understand why) or because you do believe they can proceed on the balance later?

 

Would you not agree that it is a basic principle that a claimant should bring the entire action, as provided for both in the CPR and the many, many authorities on the exact point.

 

In addition to the above, the practice clearly breaches the OFT guidelines re: debt collection - multiple actions/costs/fees, to the benefit of the lawyers involved. Had the entire claim been advanced in the first instance, such a situation would not exist.The practice is oppressive, onerous, abuse and vexatious.

[creditcardmug]

Nothing should be paid.

If the claim was paid, they may or may not bring a further claim which may not succeed, but at the very least it would bring further anguish for the OP

[jaybee24uk]

Result I think?

 

 

 

Edited July 27, 2008 by jaybee24uk

[Curlyben]

 

As predictable as ever from Mr C.

Oh dear

 

Just to be sure, give the court a bell on monday to confirm this

[pt2537]

would be if i could read them

 

can you rescan them please

 

now then , did you file a defence at all?

[creditcardmug]

I can just about read it, it says they are going to start fresh proceedings for the full amount, but they cant do that!?

[pt2537]

well, it depends if a defence was filed

 

if it was then they should not be restarting proceedings without leave from the court

 

the problem is that until i know if a defence was filed and also what teh NoD and other letter actually says i cant advise further

[jaybee24uk]

re done the letters,

sorry i was trying to keep the file sizes down

[jaybee24uk]

All I've done is a CCA request, and I filled out the online form for the extra 14 days to file a defence.

[pt2537]

well, if you didnt file a defence at all then you are likely going to recieve a new claim for the full amount

 

they can do this as well, as part 38 CPR does allow it

 

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.

 

 

[aloysiush]

PT2537 is correct.

 

Even if a defence had been filed they could still re-issue for the full amount. You could have (at that stage) made an application for fresh proceedings to be stayed pending payment of your costs (if any) on the basis that a NOD gives automatic right to your costs and to proceed to assessment of those costs.

 

I appreciate what Creditcardmug is saying, but there are circumstances when payment of a small part of the debt, in full, is a result. You cannot not pay all the time. Nice thought as it is.

 

The reason - costs - for the discontinuance is rubbish. By suing you for the full amount (if they do) will only incurr further court fees. This firm appear to be playing a numbers game (sue a 1000 and 900 will pay in some amount). Defend the case and it appears they do not have the ability to cope (brains or manpower). I assume they are 'connected' to a DCA - same addresses and all that! They are litigating by numbers. Mess up the sequence and a result could follow.

[NitrousOxide]

Hmmmm,

They seem to be discontinuing the split claim and re-issuing for the full amount.

Hi Mr Carter if you still snoop here.

[jaybee24uk]

But surely the courts can't allow them to open and shut cases all the time, this must be classed as a waste of thr courts time.

 

I'll just wait and see what happens.

 

I'll keep you upto date.

[jaybee24uk]

Hello,

 

I just logged into the money claim site and it doesn't say case closed. However does the letter mean it's over for now?

 

I'll ring the court in the morning and find out.