N150 assistance needed...please? / **WON**

[vjohn82]

Interesting case there MandM

[JonCris]

Guys!

 

Got letter today from the solicitor

 

Basically saying, client has asked them in light of the issue raised with the DN and timescale to rectify, to withdraw the proceedings, a copy notice of discontinuance has been attached and sent to the court.

 

At this point I thought ok, maybe they finally see they have no hope, but then...

 

In these circumstances there is no need for you to proceed with the application for SJ due for 2 weeks.

 

However, our client will then re-issue a fresh DN and in due course commence fresh proceedings against you...WTF lol

 

With that in mind we look forward to hearing from you with any realistic proposals to pay this debt.

 

Okkkkkkkkkkkkkkkkkkkkkkkkkkk, lol, now even I know they cant just re-issue another DN as they have terminated the agreement by asking for monies not due yet and going for court action, correct?

 

I am hoping one of y'all will tell me this is them trying to be clever, hoping we withdraw, to them have another bite, which they cant do anyway.

 

Opinions welcomed

 

Cheers

 

E!

 

To issue a compliant DN you would have to agree to reinstate the agreement something your hardly likely to do

 

Despite what they think they can't now have 2 bites at the cherry

[gh2008]

From another thread could be a useful start to a letter. http://www.consumeractiongroup.co.uk/forum/legal-issues/242517-storecard-claim-served-what-9.html#post2830927

 

BTW you do not have to accept the discontinuance - you can reject it and go ahead with the app

 

OR you can apply for wasted costs - should get about £300 back without difficulty.

 

But anyway CONGRATS!!! YOU'VE WON !!!!

Edited March 19, 2010 by gh2008
forgot to put the link in Doh!!

[gh2008]

They will also need permission of the Court to 'try again' after a defence has been submitted

 

and they will also have to have complied with all the other regulations in the CCA 2006 for the account.

[DonkeyB]

Ha ha ha ha ha! Will they ever learn?

 

I'd go for the SJ and take that letter with you - and get your costs ready....

[costa12]

Well done E. Some good news for a change:)!

 

Costa

[banker_rhymes_with]

Hello DonkeyB!

 

I'd go for the SJ and take that letter with you - and get your costs ready....

 

You beat me to it! Exactly what I was going to say.

 

EGEddie, you must proceed as if the SJ Hearing is going ahead, and make sure you get a wicked Bill of Costs ready. That's your next task, getting that ready, and making sure you have not overlooked anything, and have charged for everything!

 

Do not let these muppets dictate how this will proceed. You have a powerful argument that they should not be allowed to discontinue, and the SJ Hearing should go ahead. No DN, and they are stuffed. There is no way they can issue another valid one, although they can issue as many invalid ones as they wish, but that will not do them any good.

 

But do keep going. You have them on their back foot now, so keep punching. Then kick them when they are down with a very slick Bill of Costs.

 

Cheers,

BRW

[gh2008]

Ha ha ha ha ha! Will they ever learn?

 

I'd go for the SJ and take that letter with you - and get your costs ready....

 

I'm with Donkey ......

[gh2008]

Just one point I'd make

 

With your SJ app and their letter IMHO you have a stronger case now than going in front of a possibly numpty Judge and trying to explain why their subsequent 'correct' Default Notice is invalid due to the termination (that they will deny)

[DonkeyB]

It's a plain admission of a dodgy and invalid DN. Account terminated. Game over.

[NGEddie]

From another thread could be a useful start to a letter. http://www.consumeractiongroup.co.uk/forum/legal-issues/242517-storecard-claim-served-what-9.html#post2830927

 

BTW you do not have to accept the discontinuance - you can reject it and go ahead with the app

 

OR you can apply for wasted costs - should get about £300 back without difficulty.

 

But anyway CONGRATS!!! YOU'VE WON !!!!

 

So let me get this right, if I accepted the discontinuance, and apply to them or the court for costs? then that would really be it? They cant bring the claim again without mine and the courts permission? surley it cant be that easy?!

[gh2008]

Eddie - you have won - accept it

 

You have a few options

 

accept the discon and they may chase you for the next 6yrs and send more DNs and may issue more claims in that time.

 

as above & submit claim for costs

 

reject their discon - which you are perfectly entitled to do - go ahead with the SJ hearing - very much more than likely given the letter you will win and then yes, that will be it, case closed. They will have taken you to court for a debt and the court ha ruled against them game over. and you pocket your costs.

 

yes, option 3 takes a bit more from you as you have to go to court where there may or maybe not someone from the other side. But you are asking for the court to decide whether the claimant has a realistic chance of winning a case that they have admitted they can't win ......

 

 

 

your decision ....

[MandM]

Eddie - you have won - accept it

 

Just need to decide 'how' now. Go for 'em Eddie. But i'm just spiteful lol.

 

Your choice.

 

M

 

PS Well done

[NGEddie]

I know it just seemed to easy, lol, but yes you are right.

 

This is a going to be tough one, as we have come this far, and the court givng SJ and that being it does give peace of mind.

 

It really makes me laugh these people do this for a living, lol, and the proof is in the pudding as we approched a couple of solicitors for help before doing it ourselves, both of which read the DN and didnt spot the mistakes, geeeeeeeez, lol

 

What idiots though to write a letter basically admiting their DN is wrong, and suggesting they have another go to get it right, lol

[vjohn82]

If it was me I would be going for the SJ hearing... with that letter in hand. It is an admission of fault... and admission that their claim is meaningless.

 

Then have a nice bill of costs prepared. The advantage of a SJ ruling is that this will kill the claim forever with no messing around.

 

You have come this far... stick the knife in

 

That said if you are worried about going up in front of a Judge accept the discontinuance on the grounds of a defective default notice and put in a CPR 38.6 for your wasted costs.

[costa12]

I agree with the majority E, go for the jugular, go for the SJ and then it's game over.

 

They didn't think twice about putting you through the mangle. Go finish them off:D!

[NGEddie]

no no nooooo. They can't have another bite .

 

Issue another DN for what? An account that was termintaed and no longer exists! And the arrears on the DN would be to when - now?

 

Hold fire for now Eddie. Looks like their bottle's going.

 

If you feel you must make them an offer please make sure it ends with 'off'.

 

M

 

This probably explains why we got that arrears notice the other day, with 4 times the amount showing, compared to the original one we got last year

[NGEddie]

If it was me I would be going for the SJ hearing... with that letter in hand. It is an admission of fault... and admission that their claim is meaningless.

 

Then have a nice bill of costs prepared. The advantage of a SJ ruling is that this will kill the claim forever with no messing around.

 

You have come this far... stick the knife in

 

That said if you are worried about going up in front of a Judge accept the discontinuance on the grounds of a defective default notice and put in a CPR 38.6 for your wasted costs.

 

Cheers John, I am not actually too worried about being in front of the judge to be honest, and it all seems to be making more sense to me now, I also feel even better to think of going there with that letter in hand, lol

 

So what kind of costs would you expect? I know I have taken a fair few days off work and spent from 9 until midnight pretty much on here, on and off since December!

 

I tell ya I am so glad I found this forum, amazing bunch of people and support I have had, and will get a good feeling from helping others in the future where I can

[MandM]

and will get a good feeling from helping others in the future where I can

And make sure you do or we'll come looking for ya LOL

[vjohn82]

You can claim a max of £50 per day for your missed work days.

 

You can claim £9.25 per hour spen researching, writing, telephoning.

 

You can claim 40p per mile you have had to travel + another 20p per mile on top for vehicle wear/tear etc.

 

I have attached my schedule of costs which I have used in my hearing.

 

I might also add that according to someone else on here, that you send simply a summary of your costs to the Claimant - if they wish to challenge the amount they have to pay a £300 summary assessment fee to challenge it.

SoC.xls

[MandM]

if they wish to challenge the amount they have to pay a £300 summary assessment fee to challenge it.

Brutal lol. But appeals to my sense of humour :D:D

[NGEddie]

Interesting!

 

I guess the easy option is to accept and go for costs and see what happens.

 

On the other hand to go for SJ and put it to bed for good does seem a better option, I guess I still need to do the same skeleton as I was planning and going for, I cant exactly just go and shake the letter, lol, although I can probably keep it brief and focus on DN, showing they agree its wrong, lol, and then add the S69 and show POC and what a sham the whole thing is, with the final part highlighting they dont even realise they are not allowed to send DNs again once terminated etc... I think that letter is going to come in very handy!

 

hmmmmmmmmmm

[MandM]

keep it brief and focus on DN, showing they agree its wrong,

Without a doubt

[vjohn82]

The tide has shifted into your favour... make sure you send them a thank you letter when all is said and done.

[NGEddie]

Indeed mate, lol, so do we need to acknowledge their letter today one way or the other?