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    • As advised statute barred debts are dead...if your alive or dead......so are CCJs that are over  6 years old and have never been executed or secured against property by way of a charging order.......no matter how much your estate is worth.
    • I booked several rooms with FABHOTELS.COM - I have made sure the rooms were cancel able and due to the condition in India regarding Covid becoming very bad I cancelled the rooms and my visit to India and will not be travelling for the foreseeable future, I then checked my account and they have stated there can be no refund back to my card but I have to accept their room credits to the value of £478 valid for 12 months when they will then expire if I do not use them by that date, I have contacted them on several telephone numbers and via email, they have refused to issue a refund : stating it is their policy to issue only rooms credits and these will expire in 12 months, they have advised they have the right to do this under the contract and under Indian law, I have raised a SEC 75 claim, via the credit card company however they have not advised what the above means and stated it will take 11 weeks for a response, I am concerned that a refund has been provided and the cancellation has been approved as such as a refundable cancellation, albeit they have stated no refund to the credit card can be made. I have sent the following to them and their response has been - we are unable to assist further - I have now concern how they can do this when the law does not allow this to be possible? The issue that I have experienced was: Disgraceful behaviour by Fab hotels in holding cancelled bookings in an expiring account when cancelled fully - NO REFUND ISSUED? Please can you refund the full amount to my credit card as due to the Covid restrictions there is no guarantee I will be in India in next twenty four months I await your refund back to my with the Credit card Company as I am not able to use the Credits expiring in 12 Months, I have been in touch with the credit card Company and they have confirmed they will be looking to FabHotels to refund back to the Original card as part of the Sec 75 Laws where a cancellation has been made and the payment has to be refunded back to the Original payment card. I have not been able to confirm I will be using the credits and therefore in order to safeguard my funds these needs to be back into my, If this is not accepted then I reserve the right to take the matter further for a investigation and chargeback as I have not authorised the payment and the reservations have been cancelled. Please can this be escalated to a senior manager and a refund issued back to the Visa card. If this is the Customer experience I have to endure then I will make it quite clear that this i not acceptable that you take money and put it into a expiring account and then ask me to contact you to get the extension, this is not customer service, I am deeply distressed by your action as there are no other Booking agents who are doing this to their customers, especially considering the hotels have been accepted as cancelled and a refund issued but held in expiring account.
    • That's logical and correct DX,  and how I understood it to work if they can't pursue the debtor  for the debt whilst they are alive, it can't be resurrected and charged against the estate or demanded personally from executors who knew diddly about that SB debt..
    • First of all, apologies for the delay in responding. I went back to work in May completely forgot about this.   Secondly, they paid out.   As you can see in my post dated May 11th, I suggested whether it would be worth trying one more time with them. Well, I did. I mentioned in my claim that, once again, they should contact DHL who would confirm that the parcel was left on the doorstep in full view of anyone passing by. I finished it off by saying that I was happy to go to small claims court over this if I do not hear back from them.   About a week later I received an email stating the claim was successful and they asked for my bank details to transfer the money over to.    I'm surprised they didn't drag their heels over this but perhaps me seeing the picture of the supposed delivery and them knowing that I was doing my own 'investigation' into DHL made them nip this in the bud sooner rather than later.   And a reminder to anyone else reading this: contactless delivery does not mean that couriers can leave the parcel on your doorstep and leave. It means the courier leaves your parcel on your doorstep, waits for you to open the door and confirm receipt of the parcel, (the courier takes a picture, this seems to depend on the courier) and then and only then is delivery of the item concluded.
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
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pumpytums

Notice of Discontinuance

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Hi everyone,

ok after receiving one of these most people would be jumping for joy but I know their game.

 

Basically they have stated they are discontinuing and handing it back to the OC (it was sold), the OC failed to issue a DN thus they were stuffed from the beginning.

 

Obviously I have proof that no DN was issued and proof of termination from the DCA, letters action you name it. The DCA has put a Default on my CRF.

 

How do I stop the same sorry mess starting up again, I have filed a defence embarrassed yes but still a defense. I believe it's up to the court to decide if they can discontinue is their anything I can do?

 

Thanks

 

Pumpytums

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If They Have Discontinued Then It Realy Is Game Over#

Now The Crunch

 

Was A Defence Exchanged Between You And The Claimant

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Hi Postggj,

yes it was, only a holding one but still a defense, it was small claims too.

 

 

Pumpytums

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Did The Dca Send Anything Back To Refute Your Defence

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Yes mate it was in their allocation questionnaire they stated my defense was invalid, they tried for a SJ.

 

Pumpytums

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I believe it's up to the court to decide if they can discontinue
No, the claimant can decide to discontinue at any time.

The crucial issue is whether they have actually informed the court. Phone the court with the claim no. and ask.

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So thats it then game over completely?

 

Pumpytums

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No, the claimant can decide to discontinue at any time.

The crucial issue is whether they have actually informed the court. Phone the court with the claim no. and ask.

 

 

GOOD POINT

 

NOT THAT A DCA WOULD BE UNDER HAND

 

THE COURT SHOULD SEND A NOTICE OF DISCONTINUENCE ALSO

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No, the claimant can decide to discontinue at any time.

The crucial issue is whether they have actually informed the court. Phone the court with the claim no. and ask.

 

So it would be best to contact the court to get 100% confirmation?

 

Thanks guys

 

Pumpytums

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So thats it then game over completely?

 

Pumpytums

 

YEP

 

IF THEY THREATEN LEGAL ACTION AGAIN, BE IT THE OC OR DCA

 

INFORM THEM OF PART 38 DISCONTINUENCE

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How about my CRF entry? What would you suggest?

 

Pumpytums

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Well I Would Now Demand The Dca Remove All Data As They Have Now Passed It Back To The Original Creditor And As Such, The Dca Are No Longer The Creditor

 

I Would Give It A Week And Do An Online Dispute With The Cra On What Ive Stated

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Nice Job guys thanks for all your help

 

It is indeed Miller time.

 

Pumpytums

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After speaking to court

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So it would be best to contact the court to get 100% confirmation?

 

If they say yes ask them to send you a copy (which the claimant should have done)

 

They should have sent the court an N279, which includes

 

I certify that I have served a copy of this notice on every other party to the proceedings

http://www.hmcourts-service.gov.uk/courtfinder/forms/n279_0699.pdf
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I Do Love A Happy Ending

 

Short And Sweet

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ahem I quote,

 

NOTICE OF DISCONTINUANCE OF PROCEEDINGS

 

Take Notice the Claimant hereby wholly discontinues this action against the Defendant.

 

To Court

we Herby certify that we have given notice of discontinuance to the Defendant.

 

Thanks again guys, I will check with Court.

 

I will get other my thread name changed once I know for sure.

 

 

 

Pumpytums

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THIS IS THE PART TO QUOTE IN THE PART 38

 

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.

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Cheers Postggj

 

tipping those scales for you guys

 

Pumpytums

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Congrats and well done.

 

 

.............just to finish off this thread..................if the creditor does try for a second bite then look to "Res Judicata" to see them off. ;)

 

Finally, make sure you stuff them for your wasted costs.

 

WASTED COSTS THREADS

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

also

 

Liabilty for Costs CPR 38.6

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

 

and a B_R_W post on what else you can claim - B_R_W additional costs you can claim


 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Nice one Supa,

I like that "Res Judicata" very nice indeed.

 

With regards to wasted costs it's small claims so no costs as far as I can see. I had a quick and most were over £5k.

 

Pumpytums

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Was the claim ever allocated to a track by the Court as a Summary Judgment application was made ?

 

If not, then the claim would remain as unallocated, and as such, would be deemed Multi-Track.

Thus, you would be able to claim your full costs.

Edited by supasnooper
add
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Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Darn yes it was allocated to a track.

 

Sly devils.

 

I wish I had filed that counter claim now it wasn't until a month ago I had the info. I now understand why the OC took so long for the SAR info.

 

Thanks for all you help though Supa.

 

Pumpytums

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Ok to finally tie this thread up.

 

I spoke to the court again today the Claimant has filed a Notice of Discontinuance. I had originally sent a copy of mine to the court as the Claimant was being "slow".

 

So thanks again for all your help.

 

Pumpytums

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