Eversheds County Court Paperwork / **SUCCESS**

[Viscount Stair]

Looks ok to me but procedure is not my forte.

[goonerhenry]

cheers viscount, will get the letter off and see what happens

[Viscount Stair]

good luck

[goonerhenry]

All posted, the letter and costs claim to eversheds and the pre trial check list to the courts, i will update when i receive anything.

[the_shadow]

All posted, the letter and costs claim to eversheds and the pre trial check list to the courts, i will update when i receive anything.

 

Fingers crossed they'll reply its an admin error and discontinue forthwith.

 

S.

[goonerhenry]

lets hope so, even if they dont discontinue they still haven't filed a WS or completed the pre trial check list, so they are not covering themselves in any glory with the courts

[car2403]

lets hope so, even if they dont discontinue they still haven't filed a WS or completed the pre trial check list, so they are not covering themselves in any glory with the courts

 

All of which will be ignored and they'll be given more time to do so.

[Docman]

Yep, hit them big!

[goonerhenry]

sounds about right, but as they havent got a WS in yet, im expecting them to get the NOD to the courts, just in their own time!!

 

All of which will be ignored and they'll be given more time to do so.

[goonerhenry]

still no reply from eversheds, but the courts have confirmed they have received the discontinuation notice, so in the words of th woman i spoke to 'i no longer need to worry about it', well until they try and come knocking again that is!!, is it worth chasing eversheds regarding the exopenses and more importantly the letter saying they wont chase me for the money?? or should i give it a few more days??

[bazaar]

Well, theyve wasted your valuable time. Get working on the wasted costs, youre allowed £9.25 I think per hour, plus all that ink etc etc.

[goonerhenry]

wasted costs letter has already gone in, i also had to include a copy to the courts as part of the pre trial check list, just waiting for eversheds response now

[goonerhenry]

rec'd a letter from eversheds today thanking me for my letter and saying they have passed it to their client, how long should i wait for a response?

Edited July 2, 2009 by goonerhenry

[Docman]

It depends on how much you want your other requests (apart from costs) to be met. As I understand the rules on discontinuance (and I'm learning new things every day), there is no time limit on when you can go to court to settle costs. So if they don't agree to your Bill of Costs, you can still make an application for costs.

However, I think you only have 28 days from receipt of the Notice to file an objection with the court. After that time, the Discontinuance stands with effect from the date of service (12 June in your case I think?).

If they haven't agreed in writing not to take further action or pass any debt on to a third party, then you are stuck. Personally, I wouldn't trust Arrow Global not to take any further action, but I stress that is my opinion. Another Cagger has just posted that Arrow Global have taken the claim back from Cope's, taken the claim 'in-house' and issued a statutory demand bringing with it the possibility of bankruptcy. Admittedly, I don't think that case had got to court and I would have thought that a judge would dismiss a SD if you could produce a Notice of Discontinuance for the same debt. But you would have to go through the process of getting the SD set aside. I wouldn't trust Arrow not to have another tactic up their sleeve.

[goonerhenry]

was thinking that myself to be honest, i couldnt see them just pulling out and leaving it at that

[goonerhenry]

just out of ineterst i have stopped paying anything to eversheds, is that wise or should i keep on paying just in case they go for a statuory demand

[goonerhenry]

still no reply other than the letter saying its been passed to their client, what would i be best to do, a letter chasing them or a letter to the courts?

[Docman]

gh

 

In view of the tight timescale, it might be worth calling the solicitors to chase, rather than writing. Otherwise you could find if they reply at all, you are out of time.

[goonerhenry]

was thinking that but liked the idea of it being in writing as they could say one thing and do another, surely the courts would look at the fact that they didnt receive the NOA until last week??

[Docman]

Quite true, but at least you might get an idea of what stage they are at or whether they are just dragging their heels so you run out of time.

[goonerhenry]

will dig out the number tonight and give them a ring if i dont receive anything tomorrorw

[caro]

Do you have a mobile that will record the call?

[goonerhenry]

unfortunatly not

[goonerhenry]

im being fobbed off by eversheds, they are saying the person i need to speak to isnt avaliable, what am i best to do, am i best to get something in writing to them?

[citizenB]

im being fobbed off by eversheds, they are saying the person i need to speak to isnt avaliable, what am i best to do, am i best to get something in writing to them?

 

Yes.. send it Special Delivery