Lowell/HFO claimform - old barclaycard debt **WON***

[I've got no money]

Dear All,

 

I have today had a Notice of Discontinuance from the court. Thurnbull have packed it in. It does not say why, to be honest I don't care.

 

Thank you everyone that have helped me especially IGNM. I would not have got this far without you help.

 

Cheers

 

 

CONGRATULATIONS - That is awesome

 

They have discontinued - you are entitled to your costs up to the point of discontinuance

 

Seriously pursue them for your costs - how many hours have you spent on the case - £9.25 per hour, copying, postage, court fees

 

You must have spent 40 or more hours

[sillygirl1]

Well done. Did we not tell you that would happen?

 

Keep that notice and if they start chasing again hit them with a letter from the court and a claim for further costs and harrassment.

[dinny7478]

well done mate...I hope the buggers give up on my father as well!

[vjohn82]

Brilliant... hang on in there for the costs! Keep the faith and all that jazz... I know it's a pain but just think of the day you can post here writing that you have won costs and if they don't pay up you will be instructing a bailiff hahaha

[I've got no money]

well done mate...I hope the buggers give up on my father as well!

 

 

They only give up if you fight them hard...

[DonkeyB]

Great news. They really don't like fast track, do they?

[I've got no money]

Great news. They really don't like fast track, do they?

 

I know - it terrifies them...the other thing they can't seem to handle is having any sort of legal argument...

[42man]

A wasted costs order Pank ??

 

PART 38 - DISCONTINUANCE - Ministry of Justice

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/134172-sharpman-nationwide-credit-card-6.html#post1805020

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/163222-welcome-cohens-case-withdrawn-12.html#post2171743

 

And a very, very well done to all

[Dorabell]

great news well done:)

[broken arrow]

Well done:D

[supasnooper]

Congratulations and well done.

 

Get that wasted costs order in.

[rich2568]

Superb- just what I was expecting

 

I G N M- you`ve been a star in all of this I have to say- pat yourself on the back- you deserve all the accolades!!

 

And anyone else who has contributed- and there has been lots of you- all pat yourself on the back- you`re all part of this great community, whereby now consumers have the right to fight their corner and not allow these sharks to attempt to collect money through the Courts whereby they don`t even have a legal argument to start with- tut tut tut...

[Rhia]

Have been away as my mother was taken ill and have just caught up with this tremendous news. Pank - well done you have shown great courage and stood your ground aided and abetted by all of us but especially IGNM.

 

Yes and hit them for those costs - make the buggers squeal a bit more.

[DonkeyB]

Pank, did you chase your costs? Given the stress they caused you, I hope you've given them the runaround.

[Pank]

Hi Donkey, no I did not. After everything I just could not be bothered! To much stress!! Just enjoying it all beeing behind me.............

[mike1962]

The way to beat these people is to put them to proof of assignment. Remember to put at the end of your Statement of Defence a standard paragraph that runs:

 

"Further to the above, the Defendant neither admits nor denies all other things expressly pleaded by the Claimant."

 

Then look at the assignment clause in your credit agreement. It usually provides for the assignment of the original lender's rights and/or benefits. Those can be assigned with or without your consent.

 

The assignment of duties needs your consent, and if you haven't given it either in the contract or at all, then under s189(1) CCA 1974, they don't fall within the definition of a "creditor".

[melmumof3]

hi pank,

have spent the last 2 hrs reading all your thread, ive my own thread 'hfo sent court papers today'

well done. i myself have a court date next month, and im very scared. ive been trying to find something positive to read. i have filed an amended defence with court, i now have to do a skeleton but am soooo confused and dont know where to begin with that. i hope mine is discontinued, but knowing my luck ill be in court. i just feel very stupid, i really have no clue and dont understand law.. i think this will be my downfall

 

well done again!

[42man]

Please try and relax MMO3...have you tried searching under 'skeleton' ? you should find a few threads as examples....

[melmumof3]

no i havent as yet, but will do so now thankyou 42man

[mike1962]

I can't emphasise this too strongly: when you submit your Statement of Defence, state that you neither admit nor deny any assignment of the account and of the rights and duties attaching thereto, as pleaded or at all.

 

In order to be your creditor by assignment - see definition section in CCA s189(1) - HFO must have been given both the contractual duties and the contractual rights.

 

Look for the assignment clause in the Terms and Conditions. If it provides for an assignment of rights and benefits, then there is no possibility of duties having passed unless you've signed a novation (which most people haven't done).