Arrows/Marlins Claimform - old LLoyds loan no CCA-**WON..DISC'D+COSTS**

[wakeywakey]

OK, sent the AQ couple of days late. Didnt receive anything from claimants.

Had General form of Judgement today from the court stating that Claimants have till 15th Dec to file their AQ (and fee), then the claim shall stand struck out and the claimant pay the costs of the defendant, to be assessed, at the request of the defendant.

Goes on to say that anyone affected have 7 days to have it varied, stayed or set aside.

 

Not sure what that all means, presumably they haven't sent in their AQ?

But what does "struck out" actually mean for me?

[creditcardmug]

They havent yet filed their AQ, two things will be on their mind.

1 they will be concerned because their case is weak, your defence is good

2 They have to pay a fee to file theirs (more wasted money if they lose)

 

Phone the court on the 16th Dec to ask if the claim will be struck out, but dont be surprised it isn't done straight away, the courts give claimants far more leeway than defendants, it could take another two weeks after that.

 

That said if its struck out you have won, they have lost, and you claim your costs against them.

[wakeywakey]

I think this could be good news but not sure!

Received in post today a "Notice of Discontinuance" from their solicitors.

 

It states:-

 

To the court

The claimant discontinues All of this claim against the defendant.

(....................................................(enter name of judge) granted permission for the claimant to discontinue (all) (part) of this (claim) (counterclaim) by order dated.............................................)

I certify that I have served a copy of this notice on every other party to the proceedings

Signed (it is signed) position- Litigation Assistant

Dated (it is dated)

Just worried why the judges name wasnt entered in the given permission part?

What do I do now?

[pt2537]

well, stick em for your costs for starters, they have discontinued so they are obliged to pay your costs

[wakeywakey]

So, is this all over now?

 

And, how do I claim costs?

[B3rty]

This is great news and should be read by anyone being threatened with the Rankine judgement just going back to your first post where they replied

 

Please be aware that a recent High Court judgement held that once a credit agreement has been terminated the obligation to provide a copy agreement in accordance with the Consumer Credit Act 1974 ceases to apply. There is therefore no penalty for our being unable to provide the copy agreement and, more particularly, the debt remains enforcable against you.

 

This means that you remain liable to pay the debt and that Arrow Global Ltd will be entitled to take enforement action against you to recover it. This could include seeking a County Court judgement against you and, if awarded and the judgement amount is not paid according to the judgement, seeking an enforcment order such as a charging order, attachment of earnings order or attendance of a bailiff to seize and sell your non-essential property to pay down the debt

 

They obviously didn't have the confidence to use this in court and should give heart to anyone who is being threatened by this now...

[wakeywakey]

Please, someone put me out my misery!!

Is it all over?

What about the fact the Judge wasnt named or dated?

What do I need to do now?

[pt2537]

Please, someone put me out my misery!!

Is it all over?

What about the fact the Judge wasnt named or dated?

What do I need to do now?

 

Right

 

 

firstly, in the morning, call the court and check if the notice has been filed with them

 

if it has then its case closed game over

[wakeywakey]

Phoned Court this morning.

They didnt say received "Notice of Discontinuence" but they said the claimant has decided not to proceed and dropped the case.

 

Presumably, they mean the same thing?

 

So my questions now are.

 

1. People on here have said to go for costs, but how would I go about that and would it be another court case?

 

2. Does this mean they can't badger me for the debt?

 

3. Do I not have to do anything else regarding this?

[surfaceagentx20]

The text of the notice set out at post no 103 is the text found in a N279 Notice of Discontinuance.

 

CPR 38.6 therefore applies.

 

x20

[pt2537]

The text of the notice set out at post no 103 is the text found in a N279 Notice of Discontinuance.

 

CPR 38.6 therefore applies.

 

x20

what X20 is saying, is you have them by the short and curlys and its time to squeeze

 

they have chosen to discontinue the claim and as a result fall liable for your costs incurred in defending this action

[wakeywakey]

I think I may be missing something again.

So apologies for being stupid.

 

Your saying go for costs, but how and how much?

[surfaceagentx20]

I wrote some stuff up about applying for costs once a case had been discontinued here.

 

Have a read of that and see what you make of it. Any queries, just yell here.

 

x20

[wakeywakey]

x20, when I try to open your attachments-draft bill & draft notice of commencement, I keep getting a message saying "windows cannot open this file"?

Any ideas how I open these files?

[jonni2bad]

DO you have a free pdf viewer?

 

If not, you can download one HERE

[wakeywakey]

Ah, I had Adobe 8.

Needed Adobe 9.

Got it now.

Thanks

[wakeywakey]

x20

I have a couple of questions re: your LiP draft bill.

 

1. In section 7, you have the following

Receiving and considering Notice of Discontinuance (1 hr) £9.25

 

What does this mean? As how can you consider a discontinuence notice, surely you just receive it and thats it?

Did I need to do anything about the discontinuence notice I received?

 

2. In the summary, you have -Disbursements (court fee) £75.00

Is that where someone has paid the £75 to have it set aside?

If so, I presume as mine was a discontinuence I don't apply that cost?

Sorry to need more answers, its all a learning curve isn't it?

But thanks very much for your help

[wakeywakey]

Sorry, forget question 2.

Of course it is, Ive got it now.

 

You already entered it in 4

So I dont need that one

[wakeywakey]

Trying to change some of the figures in your files to suit my own needs but It won't let me.

 

Any ideas?

[wakeywakey]

x20 must be away.

 

Anyone else know how I can change text in Adobe9?

[wakeywakey]

x20, I have listed my questions regarding the N252 AND Bill as I am unsure of a number of things.

 

1. In section 7, you have the following

Receiving and considering Notice of Discontinuance (1 hr) £9.25

What does this mean? As how can you consider a discontinuence notice, surely you just receive it and thats it?

Did I need to do anything about the discontinuence notice I received (send to court)?

2. If I sign the N252, maybe, just maybe, they would see my signature and reopen the case (if you know what I mean)

So how about I just print my name there?

3. Although I researched this part I didnt actually get a hearing date, so should I omit the "Research regarding detailed assessment proceedings and Litigate in Person (costs and expenses)?

4. How do I change the text on your Bill to suit my own needs?

5. What are my chances of a succesful costs case?

 

 

[surfaceagentx20]

Q1

When you received the Notice of Discontinuance surely that wasn't just it? Unless you were a total genius on the ins and outs of Notices of Discontinuance you'd want to know what it meant and the knock on consequences in terms of the case and any future litigation. That's what that hour was all about. May be it was for longer but you just lost track of time.

 

Q2

I shouldn't get paranoid about your signature. Change it if you want to. The writing will still be under your hand.

 

Q3

Nope keep it in. Unless I'm very muich mistaken you're researching detailed assessment proceedings and the Litigant in Person (Costs and Expenses) Act right now.

 

Q4

Can't help you there. You would need to have fancy and expensive Adobe Acrobat. The cheaper (and as intended by me) method is to re-type the material so as to create a bespoke bill for your particular case.

 

Q5

You're three-quarters of the way there in the sense rules of court direct you are entitled to costs and you have the means to produce a compliant bill of costs and begin detailed assessment proceedings. The only outstanding matter is 'how much' and that sure ain't nil.

 

x20

[wakeywakey]

OK, excellant advice as usual.

 

I am going to have to re-write the bill and I am then sending to them.

 

I did initailly feel a bit guilty asking for costs, but I gotta say, I dont now.

 

I have spent so much time trying to stop these vultures as we all do and we deserve some recompense.

 

Thanks again for everyones help, especially x20

 

I will let you know what happens

[wakeywakey]

Doh, just hit a snag with the first part of the bill.

Your Draft states--

 

The Claimant commenced proceedings in relation to an agreement regulated under The

Consumer Credit Act 1974. The Claimant was the assignee of a judgment obtained by the

original creditor to the agreement in the Shoreditch County Court in 1993. The proceedings

constituted relitigation and were an abuse of process. The proceedings were defended and

the Defendant applied to the court for an order that the proceedings be struck out.

 

How do I change that to suit me. It was a county court claim as opposed to a judgement, so do I just chabge that part?

Edited December 15, 2008 by wakeywakey
fonts not right

[wakeywakey]

x20?