Help needed solicitor threatening legal action***Claimant Discontinues action***

[y1234]

I have a few days left to submit my defence and would appreciate if someone could confirm if any further improvements or corrections are required to the following defence, thanks.

 

 

1. The defendant acknowledge applying for an account, but cannot confirm or deny whether such an account complies with the requirements of CCA 1974.
   
2. The lawful arrears of xxx were paid on …. in respect of the default notice that was issued on ….
   
3. The claimant brings his claim to court without entitlement and where the breach was remedied according to the Act.
   
4. It is further claimed that the claimant forms an unfair relationship by taking action without entitlement and seeking money where he has no entitlement and I ask the court to consider an order to strike out the claim and deduct all unfair charges added to the account.
   
5. It is averred that no sums are due as provisions within CCA74 S87(1)(b) preclude any claim for unpaid sums where S88 requirements are not complied with.
   
6. I believe that the facts stated in this defence are true.
   

[AndyOrch]

Yes thats ok y1234

 

Perhaps just replace 6 with . . By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Regards

 

Andy

[y1234]

Thanks Andy, I have made the changes below and will submit if there are no further comments. Two further questions - do I need a statement of truth at the end and if claimant issues a new DN how do I challenge the unfair fees added to the account which makes up over a third of the debt.

 

 

1. The defendant acknowledge applying for an account, but cannot confirm or deny whether such an account complies with the requirements of CCA 1974.
   
2. The lawful arrears of xxx were paid on …. in respect of the default notice that was issued on ….
   
3. The claimant brings his claim to court without entitlement and where the breach was remedied according to the Act.
   
4. It is further claimed that the claimant forms an unfair relationship by taking action without entitlement and seeking money where he has no entitlement and I ask the court to consider an order to strike out the claim and deduct all unfair charges added to the account.
   
5. It is averred that no sums are due as provisions within CCA74 S87(1)(b) preclude any claim for unpaid sums where S88 requirements are not complied with.
   
6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
   

[AndyOrch]

If submitting vis a MCOL then no it does not require a SoT.

 

By challenge you can either make a PT20 counter claim and submit that with your defence or you may use it as leverage to mitigate the balance and use as a bargaining tool...no guarantees for either option Im afarid

[y1234]

thanks Andy I will submit the defence and use the unfair charges as a bargaining tool..

[y1234]

Thank you all once again for the help in filing defence, solicitor has discontinued claim. Am I right that under part 38.7 they can seek permission to file another claim, thanks.

[DonkeyB]

I think they can, yes – but as this was not yet allocated, and you had filed a defence, I think you should try for your costs.

 

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.

 

Any new claim would essentially be the same, and you could object to any such application on those grounds.

[AndyOrch]

Well done y1234

 

Assuming you have received the N292 and the court having received same I will amend your thread title to reflect the result.

 

Well done.

 

Regards

 

Andy

[y1234]

Thank you DonkeyB and Andy. I have not received anything else and not sure what to expect next. Thanks again for all your support on CAG.

[AndyOrch]

But you have received the N292 Notice of Discontinuance?

[y1234]

Notice of Discontinuance issued by solicitor, nothing from the court yet, will update further should I receive anything else thanks Andy.

[renegadeimp]

You need to have it from the court. Was the solicitor letter an official court document? Or just a letter on the solicitors headed paper?

[y1234]

Received letter from solicitor written on their headed paper enclosing a separate notice of discontinuance signed and stamped by the solicitor. I believe this satisfies part 38.3 below and assume the solicitor would have filed this with the court as well. Do I need to check with the court and thanks for raising this Renegadeimp.

(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.

[AndyOrch]

Excellent but I would still check with the Court as it means nothing unless they have it on their system also y1234...I would assume they have and then you can relax.