RBS credit card claim won now new claim after sale by OC

[summerbreeze]

As for selling it on to a DCA ...I would think that once you informed the DCA that the OC had taken you to court and then discontinued the DCA would back off pronto

[hammyhound]

Yes they claimed the full balance. They started proceedings early last year, only just now got to the CMC stage. Defence filed, AQs filed and then out of the blue a consent order withdrawing the claim. I have the court order showing this also.

 

Why I think that they are instituting a new claim is I have been sent two default notices - invalid anyway 1 day out but I was shocked that the balance had risen by an extra £4000!!! and one was for the overdraft which btw was refinanced by the loan (and has been said so in their reply to defence) so that is I assume are charges.

 

I suppose I am jumping the gun but believe me the amount was a lot of money and I don't suppose they will just disappear.

 

HH

[hammyhound]

Well today got exactly the same termination letter as I did last time withdrawing all banking facilities so I would class that as termination. Wont bother doing anything until they rear their ugly heads.

 

HH

[hammyhound]

Well low and behold a new firm of solicitors have taken over. Does any advice have advice as to what to write to them. They have issued the LBA.

 

I thought it wouldn't take too long for some other **** to creep up from the floorboards.

 

Just a recap in the previous case, defence filed, allocation questionnaires filed 5 days before CMC withdrawn by consent. 1 month later a new default notice totally invalid as they forgot the May bank holiday in their postage times.

 

I have been told that if a claim is discontinued or withdrawn by consent there is nothing stopping a claimant starting new proceedings.

 

Any help much appreciated. They have only given me 7 days to reply. Dont really want to go to the trouble of having to file a defence again!

 

HH

[hammyhound]

Polite bump please

[hammyhound]

Despite having previous proceedings withdrawn by consent the bank have instructed another firm of solicitors to issue court proceedings against me.

 

Since the last court proceedings £4000 have been added which will include the court fee, charges, solicitor's fee etc.

 

Since the consent order I have received two default notices, one for the overdraft and one for the loan both invalid as it did not give enough days for service - despite the fact that the account was terminated previously.

 

They have lumped both amounts together.

 

Would I have a defence for this.

 

Their strongly worded letter said we will obtain a money judgment:lol:

 

I have given the solicitors a copy of the consent order but sounds like the bank are not happy.

 

HH

[Blondie40]

Did you submit a defence against the previous proceedings and did the original claimant receive a copy of your defence?

[hammyhound]

Thanks for replying.

 

It is still with the original claimant, just a different firm of solicitors

 

Defence filed, reply to defence filed, allocations questionnaires filed, hearing date given, consent order arrived 2 days before CMC hearing. Does that make any difference.

 

HH

[hammyhound]

polite bump if anyone can help

[DonkeyB]

What did the consent order say? Did it refer to there being no order as to costs, ie each side to bear their own? If so they cannot add any of those costs to the alleged debt.

 

I know that if they discontinued it would be hard for them to have a second bite. I'm not so sure about any follow up to consent orders, especially without knowing what it said. Can any Caggers help?

 

Also, can you post the original consent order?

[hammyhound]

Thanks Donkey for replying.

 

They have certainly added more charges since the last proceedings some £3000 extra have been added since then.

 

Scanner not working but consent order says:-

 

Upon the claimant agreeing to withdraw claim number >>> and by consent it is ordered that there be no order as to costs.

 

That's it.

 

I know if they discontinued it would have been harder but maybe I should have let it run through to trial I don't know now. By asking another firm of solicitors to issue sounds really strange, why didn't they use the original solicitors.

 

Right, just so everyone understands, claim form issued, defence filed, reply to defence filed, allocation questionnaires filed, two days before CMC consent order arrives. All goes quiet for 2 months, new default notices served - invalid did not allow for postage (account already terminated 6 months before - got the letter to prove it) 2 months later new LBA with nearly £3000 extra on top. This was originally for a loan to pay off an overdraft and existing loan. They did not pay all the overdraft off and left £1.00 debit balance - wait for it the charges to date on that are £900. By my reckoning there shouldn't be any charges as the loan was taken out to cover the overdraft. Received new default notices, one for the overdraft and one for the loan, the overdraft DN is all charges.

 

Hope you can understand

 

Thanks for your help.

 

HH

[debbbbsy]

Hi Hammy,

hopefully someone will clarify, but it was my understanding that they cannot reissue a new claim for the same account/debt. They have to appy to the courts to reinstate the original claim, & in doing so give an explanation why the previous claim was withdrawn & why this claim will be successful. The judge will then decide whether to allow the case to begin where it ended.

 

Perhaps the courts maybe able to confirm the correct procedures which the bank & its new solicitor have to follow.

 

Perhaps the reason they have passed it to a new solicitor, is because the previous would have known the background to the case & new that the claim would not be successful.

 

good luck

 

DEbs

[hammyhound]

They rang me up today to say they had issued court proceedings and would I like to make payment!!!

 

Will wait for the claim form and post up.

 

Surely adding £3000 is a defence enough, obviously that would include the previous claim form fee etc and charges.

 

HH

[hammyhound]

Court papers received today, all help duly appreciated.

 

HH

[postggj]

Well then

 

part 38 discontinuence

 

game over

Edited September 16, 2010 by postggj

[DonkeyB]

What’s the PoC?

[hammyhound]

Well then

 

part 36 discontinuence

 

game over

 

Yes, post, over my head

 

POC

 

By agreement(s) entered into between the claimant and defendant, the defendant has failed to pay the sum of £ . The claimant has requested payment but the defendant has failed to pay the full sum demanded. The claimant claims the sum of £ and interest under s.69 of the county court 1984 at a rate of 8% per annum from until judgment or sooner payment. Costs. The claim does not include issues under the Human Rights Act 1998. The claimant has complied with Section III and IV of the Practice Direction - Pre-Action Conduct of the Civil Procedure Rules

 

invaluable help much appreciated.

 

HH

[DonkeyB]

Have they provided any breakdown of how the amount is made up? Doubt it.

 

Time for CPR31 for the agreement, and CPR18 for anything else.

 

Have they actually complied with the practice directions? Have you any idea how this sum is made up? Thought not...

[hammyhound]

Letter before court proceedings - introducing themselves and saying pay up or else - no breakdown only amount due.

 

Final warning letter 7 days later no breakdown just amount due and saying 7 days or we will issue proceedings

 

And they did.

 

Did send a copy of the original consent order to them when they sent the first letter saying I will defend to hilt and this time will make a costs order against them.

 

Everyone says they cant re-issue, Post says Part 36 but is if they have discontinued, does a consent order count as a discontinuance. I think I would have a good case in that these proceedings are of a much higher value and I know consists of charges and previous proceedings costs.

 

HH

[postggj]

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.

 

 

 

sorry my mistake

 

its part 38

not 36

[hammyhound]

But is discontinuance the same as a withrawal of the proceedings by consent. This was done 2 days before the CMC as the Claimant did not wish to incur any further costs!!!

[postggj]

yes

 

in my opinion

 

as long as the defence was exchanged

[hammyhound]

Yes defence filed, reply to defence received and allocation questionnaires filed.

 

HH

[postggj]

if a claimant discontinues with or without consent is irrelevent

 

i would send the solicitors a letter stating part 38 discontinuence and see what they come back with

 

have you acknowledged the claim or when is the latest to file

 

me thinks the new sols dont know about the previouse claim

[hammyhound]

You would have thought they would ask their client about the consent order before issuing.

 

Will acknowledge by filing AoS on line just to get the ball rolling. Will send a letter to the solicitors quoting Part 38 discontinuance but will keep an eye on timing to file my defence.

 

They probably think the consent order relates to another claim, I know it is not, dont have any other debt with this bank.

 

This is the extract of the letter I sent before proceedings commenced.

 

"I enclose herewith Judgment which shows that your client previously withdrew this claim on 6th May 2010.

 

Any proceedings commenced against me will be vigorously defended and an application to strike out your claim will be made and costs awarded against you"

 

 

HH