Notice of Discontinuance

[pumpytums]

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

[postggj]

If They Have Discontinued Then It Realy Is Game Over#

Now The Crunch

 

Was A Defence Exchanged Between You And The Claimant

[pumpytums]

Hi Postggj,

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

 

 

Pumpytums

[postggj]

Did The Dca Send Anything Back To Refute Your Defence

[pumpytums]

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

 

Pumpytums

[postggj]

HOLD ON

 

ITS GAME OVER

 

THEY CAN ONLY REINSTATE THE CLAIM BY THE PERMISSION OF THE COURT, THIS IS VERY UNUSUAL

 

THIS IS THE MAGIC BULLET:-D:-D

 

PART 38 - DISCONTINUANCE - Ministry of Justice

[Michael Browne]

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.

[pumpytums]

So thats it then game over completely?

 

Pumpytums

[postggj]

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

[pumpytums]

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

[postggj]

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

[pumpytums]

How about my CRF entry? What would you suggest?

 

Pumpytums

[postggj]

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

[pumpytums]

Nice Job guys thanks for all your help

 

It is indeed Miller time.

 

Pumpytums

[pumpytums]

After speaking to court

[Michael Browne]

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

[postggj]

I Do Love A Happy Ending

 

Short And Sweet

[pumpytums]

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

[postggj]

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.

[pumpytums]

Cheers Postggj

 

tipping those scales for you guys

 

Pumpytums

[supasnooper]

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

[pumpytums]

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

[supasnooper]

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 July 6, 2010 by supasnooper
add

[pumpytums]

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

[pumpytums]

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