Help Cout date and CCJ with charging order!!!

[gh2008]

Well, whatever happens, you have won this claim

 

IMHO your best result is that they trash your credit file for 6 yrs and then go away.

 

Much more likely, again IMHO is that they send you a compliant DN and then issue another claim against you saying that there is nothing in the CCA that says they terminated the account, if they did it was a mistake, and they have corrected the mistake and they issue another claim.

 

I am not saying they can lawfully do that, just they could do that - others have done .....

 

If you can get it wrapped up now, whilst they are on the back foot, then all the better.

 

The reason for teh letter is that in order for them not to get heavily hit by costs (see BOS -v- Mitchell) they are trying to seek your agreement for them to discontinue. As I said you are entitled to your costs and you can use that as a bargaining tool now to try and get a better deal.

 

But yes, go to the pub :D

[Worsteve]

Well, whatever happens, you have won this claim

 

IMHO your best result is that they trash your credit file for 6 yrs and then go away.

 

Much more likely, again IMHO is that they send you a compliant DN and then issue another claim against you saying that there is nothing in the CCA that says they terminated the account, if they did it was a mistake, and they have corrected the mistake and they issue another claim.

 

I am not saying they can lawfully do that, just they could do that - others have done .....

 

If you can get it wrapped up now, whilst they are on the back foot, then all the better.

 

The reason for teh letter is that in order for them not to get heavily hit by costs (see BOS -v- Mitchell) they are trying to seek your agreement for them to discontinue. As I said you are entitled to your costs and you can use that as a bargaining tool now to try and get a better deal.

 

But yes, go to the pub :D

 

Hi GH2008

 

Thanks for that. I guess the next question is...What should I write in the next letter? Is there a Template I can use for this? How do I nail them down now? Also, I have already accepted their Unlawful Termination. They can't just now make another agreement up can they? What should I write in reply? As I mentioned before, I am not bothered about chasing them for costs. I just want this gone.

 

Cheers

[MandM]

Pub! What pub? I'm on my way .

 

Well done,

 

M

[cymruambyth]

Well done. Hope your head isn't too sore in the morning:D

[Worsteve]

Good morrow fair citizens of the free world.

 

Head is duly sore....stomach is duly sick....heart is truly light. I have managed to have a chat with a solicitor and they duly inform me that since the bank RBS have taken me to court, they have now had their shot at the title (so to speak) and cannot now go back and do it all again with another claim. I can also issue the CRA with these documents to clear the debt from them. So I am feeling good all round!

 

However, since I don't trust these legal fictions very much, is there anybody here that can comfirm that statement.

 

Kindest Regards, Hugs and Love ot one and all here

 

p.s. Another donation on the way!!

[gh2008]

Ok, not trying to put a dampener on things (please I'm not) BUT IMHO this is the situation.

 

From the creditors POV

There is still a debt

You still owe it

they may try all sorts to get their money back

there is also an agreement where you agree to CRA processing

 

The thread I linked to before has a very good basis of an agreement for you - I would use it to try and get this deal sorted.

 

Here is a thread http://www.consumeractiongroup.co.uk/forum/legal-issues/237396-n150-assistance-needed-please-19.html where NGEddie has won (they discontinued) Eddie is now going for costs and low and behold a new Default Notice turns up with threats of court action ........ sound familiar ........

 

They are on the back foot at the moment and this is your best time to get a deal to put this to bed.

 

JMHO

[Worsteve]

 

The thread I linked to before has a very good basis of an agreement for you - I would use it to try and get this deal sorted.

 

Here is a thread http://www.consumeractiongroup.co.uk/forum/legal-issues/237396-n150-assistance-needed-please-19.html where NGEddie has won (they discontinued) Eddie is now going for costs and low and behold a new Default Notice turns up with threats of court action ........ sound familiar ........

 

They are on the back foot at the moment and this is your best time to get a deal to put this to bed.

 

Here is a letter I have been working on;

http://i827.photobucket.com/albums/zz199/Worsteve/LetteracceptingConsentOrder120510.jpg

 

JMHO

 

Hi GH2008

 

I couldn't find the link on your earlier thread. Can you repost the link again please? I have been reading the above one about the N150 case, with interest though however. What does SJ mean? I spoke to the court about my hearing on Monday and it has been cancelled.....not by me though. I was thinking of writing a letter stating that I am happy to accept the consent order if they please write a letter back that the claim has been settled in full. Will this be the way to go? I just want to make sure I use this opportunity to stop them in their tracks .......dead, instead of letting it go on and on.

 

Many Many Thanks

Edited May 12, 2010 by Worsteve
Added letter.

[gh2008]

If they are withdrawing their claim then that's fine. BUT it would be nice to get the whole thing a little better 'tucked up'

 

You are not entitled to claim your wasted costs and in exchange for that you can get a bit more out of them.

Have a look here for a negotiated agreement.

 

I doubt you will get the CRA bit, but the rest and the wording should be useful

 

Well done

 

Ooooops should really have put the link in for you ....

 

here it is http://www.consumeractiongroup.co.uk/forum/legal-issues/242517-storecard-claim-served-what-10.html

[welshperson3]

if your defense is only related to the faulty DN then all your argument is that they have no rights in court,

 

basic plan of attack for court.

 

1 show that DN is invalid (prove why its invalid)

 

2 show why without VALID DN claimant has no right bringing claim

 

3 ask judge to throw it out

 

4 judge throws out claim

 

5 ask for your costs

 

6 go home and get drunk

 

wp3

 

 

 

 

Only steps 5 and 6 left.

 

CONGRATULATIONS

 

 

WP3

[cymruambyth]

I think you'll find it's only step 5 left:lol:

[Worsteve]

Hi everyone

 

well I went back to the court today, and sat waiting for the Usher to give me my slot, and when they arrived, I said I wanted to ask the judge a few things. They took my 'Notice of Discontinuation' and gave it to the Judge. After 45mins of waiting, the Usher came to me and said that the Judge did not want to see me and that the case was closed due to the claimant discontinuing. I asked if I could see the Judge as to my costs and to see if the Claimant will wipe the debt, but the Usher said that the Judge was highly unlikely to award me my costs and that they cannot order the claiment to settle the debt. I have a feeling I was being a little steamrollered and the DJ just didn't want to see me.

 

I guess all I can do is write a letter to the claimant asking for the debt to be registered as paid in full, that it will not be sent off to a DCA and for my file to be cleared with the CRA.

 

Still, what will be will be. But another win for the DN's and one less for me to concern myself with.

 

Thanks to one and all here.....and to those just beginning....believe that you are right, know that you are right, and read, read, read somemore and heed the valuable advice of the wonderful people on this site.

 

Good luck and may the truth set you free!!

[Laura Cooke]

Well done shame you wasn`t awarded costs

[gh2008]

ok, the DJ will no way 'wipe the debt' as it does still remain, albeit unenforceable.

 

You *may* get some joy writing to the CRAs and trying to get them to remove the data, BUT if there is an agreement anywhere they will rely on that to keep processing for 6 yrs from default.

 

You CAN get your wasted costs though, see tha last few pages here for info http://www.consumeractiongroup.co.uk/forum/legal-issues/237396-n150-assistance-needed-please.html

 

Well done

[Worsteve]

Good morning everyone,

 

I have been pointed in the direction of Section 103 CCA 1974 if I want closure on the whole affair. I spent some time on the CAG last night but couldn't find any threads to glean some information on.

 

Does anybody have any idea where I can go to get the information on this? I would like to get closure on the case just so they don't come back with illegal claims or sell it on to silly little debt collectors.

 

Thanks a billion.

[cerberusalert]

Information to be provided after an agreement has ended

 

8.10 Under section 103 of the 1974 Act, a debtor may serve notice on the

creditor requesting written confirmation that he has discharged his

indebtedness under the credit agreement and that the agreement has

ceased to operate. The creditor must, within 12 working days of

receiving such a notice, either provide the confirmation or serve a

counter-notice disputing the claim and giving details.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft1002.pdf Edited May 18, 2010 by cerberusalert

[Worsteve]

Hi Cerberusalert.

 

Top drawer stuff my friend!!! Is there a Standard Template letter on the CAG here or shall I just knock a 'Notice' up myself? I would like to get this in the post today while they are still wandering what to do next you see.

 

Thank you Cerberusalert for all your help.

Regards

 

Here is my first Draft for any takers to pull apart on Sect 103.

 

 

Notice and Demand

 

DO NOT IGNORE THIS NOTICE

 

 

Notice to Principal is Notice to Agent; Notice to Agent is Notice to Principal.

 

 

 

Regarding Reference: Account No. xxxxxx

Please read the following Notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.

 

Both myself and my partner xxxxxx: xxxx are in receipt of your Notice of Discontinuance to the claim No.xxxxxxx. As such you have no further claim over my partner xxxxxx: xxxxxx, and myself xxxxxx: xxxxxx. Therefore we serve Notice and Demand, under Section 103 of CCA1974 requesting written Confirmation that The Royal Bank of Scotland has discharged our Indebtedness under the Credit Agreement above, and that this agreement has ceased to operate.

 

I hereby give you twelve (12) working days to reply to this notice from the date you receive this communication with a notice sent using recorded post and signed under full commercial liability and penalty of perjury, assuring and promising me that all of the replies and details given to the above requests are true, correct and complete and without deception, fraud or mischief. Failure to respond to this Notice will mean your acquiescence to the following terms;

1. The debt has been discharged in full.

2. The agreement has ceased to operate.

 

Please notice that the commonly accepted principles of good faith demand that if you have any reasonable objections to this Notice and Demand, that you immediately state any and all such objections and not harbour any hidden objections with which to surprise me later. Therefore it is my reasonable expectation that should you not offer any specific objections to any part of this Notice and Demand, sent to me by recorded delivery within twelve (12) working days from your receipt of same, that I may presume your agreement to the above terms.

 

I will presume silence to mean acquiescence in all these matters.

Yours sincerely without ill-will, vexation or frivolity,

 

 

 

xxxxxx: & xxxxxx of the Happy Family

Without any admission of any liability whatsoever, and with all Natural, Inalienable Human Rights reserved.

 

Also, do We need to sign the Notices of Discontinuation and send them back?

Regards

[bradfordlad]

Not sure about signing the Notice of Discontinuation mate, but that letter is AWSOME! Good luck with it!

[AndyOrch]

Procedure for discontinuing

 

38.3

 

(1) To discontinue a claim or part of a claim, a claimant must –

(a) file a notice of discontinuance; and

 

(b) serve a copy of it on every other party to the proceedings.

 

 

(2) The claimant must state in the notice of discontinuance which he files that he has served notice of discontinuance on every other party to the proceedings.

 

(3) Where the claimant needs the consent of some other party, a copy of the necessary consent must be attached to the notice of discontinuance.

 

(4) Where there is more than one defendant, the notice of discontinuance must specify against which defendants the claim is discontinued.

 

 

When discontinuance takes effect where permission of the court is not needed

 

38.5

 

(1) Discontinuance against any defendant takes effect on the date when notice of discontinuance is served on him under rule 38.3(1).

 

(2) Subject to rule 38.4, the proceedings are brought to an end as against him on that date.

 

(3) However, this does not affect proceedings to deal with any question of costs.

 

 

Liability for costs

 

38.6

 

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

 

(2) If proceedings are only partly discontinued –

(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

 

(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

 

 

(3) This rule does not apply to claims allocated to the small claims track.

 

(Rule 44.12 provides for the basis of assessment where the right to costs arises on discontinuance and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007)

 

 

Discontinuance and subsequent proceedings

 

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.

 

 

 

 

 

Regards

 

Andy

[Worsteve]

Thanks Andy

 

That basically states that I can file for my costs legally and lawfully. I haven't done that yet, but I will. I was quoted £150 per court appearance from a solicitor so £300 sounds nice since I had to go twice.

 

Thanks again

[gh2008]

did you look at the thread in my post #207?

 

the poster there is claiming £1k ish as is another poster on another thread

 

£9.25/hr of *all* your time spent on teh case inc research etc + all out of pocket expenses

 

if they reject your claim it will cost *them* £300 to dispute it as well

[Worsteve]

did you look at the thread in my post #207?

 

the poster there is claiming £1k ish as is another poster on another thread

 

£9.25/hr of *all* your time spent on teh case inc research etc + all out of pocket expenses

 

if they reject your claim it will cost *them* £300 to dispute it as well

 

Hi GH2008

 

I am up to post 133 of the thread you mentioned above. Still reading.......If I can get back a £1000'ish that would be nice. Christmas all paid for then!!! Not found anything on costs though yet. I am sure I will get there. What do you think of my Notice I wrote above...just out of curiosity?

[Laura Cooke]

I recently asked for advice on scheduled costs was told £250 odd which I put may be deemed extravagant? by cag members I saw all this on research yet I have been led to believe in my case that a judge would not accept this research cost all very confusing

[gh2008]

Start from about the 5th from last page - I think that's where the costs started - if you read the whole thread you will lose the will

[Worsteve]

Here is my first Draft for any takers to pull apart on Sect 103.

 

 

Notice and Demand

 

DO NOT IGNORE THIS NOTICE

 

 

Notice to Principal is Notice to Agent; Notice to Agent is Notice to Principal.

 

 

 

Regarding Reference: Account No. xxxxxx

Please read the following Notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.

 

Both myself and my partner xxxxxx: xxxx are in receipt of your Notice of Discontinuance to the claim No.xxxxxxx. As such you have no further claim over my partner xxxxxx: xxxxxx, and myself xxxxxx: xxxxxx. Therefore we serve Notice and Demand, under Section 103 of CCA1974 requesting written Confirmation that The Royal Bank of Scotland has discharged our Indebtedness under the Credit Agreement above, and that this agreement has ceased to operate.

 

I hereby give you twelve (12) working days to reply to this notice from the date you receive this communication with a notice sent using recorded post and signed under full commercial liability and penalty of perjury, assuring and promising me that all of the replies and details given to the above requests are true, correct and complete and without deception, fraud or mischief. Failure to respond to this Notice will mean your acquiescence to the following terms;

1. The debt has been discharged in full.

2. The agreement has ceased to operate.

 

Please notice that the commonly accepted principles of good faith demand that if you have any reasonable objections to this Notice and Demand, that you immediately state any and all such objections and not harbour any hidden objections with which to surprise me later. Therefore it is my reasonable expectation that should you not offer any specific objections to any part of this Notice and Demand, sent to me by recorded delivery within twelve (12) working days from your receipt of same, that I may presume your agreement to the above terms.

 

I will presume silence to mean acquiescence in all these matters.

Yours sincerely without ill-will, vexation or frivolity,

 

 

 

xxxxxx: & xxxxxx of the Happy Family

Without any admission of any liability whatsoever, and with all Natural, Inalienable Human Rights reserved.

 

Also, do We need to sign the Notices of Discontinuation and send them back?

 

Regards

 

Little BUMP;)

[gh2008]

without comment from anyone else all I can say is that IMHO, they will laugh and throw it back at you.

 

Why do you think that the debt is discharged and that you don't owe the money any more?

 

They may not be able to enforce repayment, but it still remains, unless you can prove otherwise. (which will involve action similar to the Rankines')