Cabot/mortimer/marlin EGG Card **one claim DISC'd NEW CLAIM DISC'D by Consent**

[grafter123]

Just enrolled on MCOL, still gives me the same optons to tick - defend all, defend part or contest jurisdiction?

 

Defend all or Part are mandatory

[AndyOrch]

Tick defend all then...then enjoy the rest of your weekend:-)

[grafter123]

Last question, I ticked 'defend all' and submitted the form but realised that I have also ticked the 'contest jurisdiction' box. Have I messed up?

[AndyOrch]

No most LiPs do..the court usually disregard it.

[grafter123]

Yes there are various options open along the way but acknowledge the claim for now and then I can review the thread and advise on your best course of action.

 

Regards

 

Andy

 

I will leave you in peace now. Thank you very much for the help and advice. Acknowledgment has been submitted and I will await your valued advise on my best course of action. Thank you very much.

[Ganymede]

No most LiPs do..the court usually disregard it.

 

I still for the life of me can't understand why they do that.

[grafter123]

SUCCESS

 

Marlin Capital have discontinued their claim and filed a consent order with the cc. My defence was a winner.

[Matheos95]

Congrats I have had the same letters as mine is egg/marlin too I have just acknowledged and sent off the usual requests. Can I ask what a consent order stands for?

[grafter123]

Hi grafter

 

 

 

If you have never requested a copy of the agreement (first time around) then it may be advisable to do it now...you can find the section 78 request within our Library..

 

 

 

Re Marlin...just because it was discontinued they are not prevented from issuing a further claim...so prepare just in case.

 

 

 

Regards

 

 

 

Andy

 

 

 

 

SUCCESS

 

Marlin discontinued again. My defense stopped them proceeding. If someone has previously discontinued a cc against you they can't have 2bites of the cherry. Abuse of the system.A consent order is filed with cc stoping all future claims. SUCCESS.

[grafter123]

Congrats I have had the same letters as mine is egg/marlin too I have just acknowledged and sent off the usual requests. Can I ask what a consent order stands for?

 

 

 

 

 

It is a legal document that is legaly binding. They can't come after you again

[Matheos95]

Nice

[AndyOrch]

What defence did you submit?

[grafter123]

What defence did you submit?

 

I paid for professional legal advice and my defense was simply a one liner , 'abuse of the process' as a previous cc claim for the same had been discontinued by Marlin. Marlin also paid my legal costs and filed a consent order with the cc. Advice for anyone who has had a cc claim discontinued - if they come after you with another cc claim for the same just use the 'abuse of the process' defense.

[AndyOrch]

Waste of time us helping you then...well done:madgrin:

 

As regards your advice to others it not true...they can with permission of the court.

 

Andy

[grafter123]

Waste of time us helping you then...well done:madgrin:

 

As regards your advice to others it not true...they can with permission of the court.

 

Andy

 

Your advice was invaluable and not a waste of time, thank you all for your help.

 

 

I was forced to take pro help as you never came back to me with a defense/help as promised and asked for.

 

 

You did not respond to my messages for help with a defense.

What else was I supposed to do?

Are you begrudging anyone who goes to a solicitor?

My advice is true, I am living proof.

 

 

My case has been discontinued and a consent order filed with the cc -all fees paid for, it did not cost me a penny.

 

Quote:

A consent order dismissing a claim operates as a final judgment determining all of the issues in the claim in the favour of the defendant.

The claimant who has agreed to the dismissal of its claim is very unlikely to be able to re-open matters.

 

“The bringing of a claim or the raising of a defence in later proceedings may, without more,

amount to abuse if the court is satisfied (the onus being on the party alleging abuse)

that the claim or defence should have been raised in earlier proceedings if it was to be raised at all…

 

 

It is, however, wrong to hold that because a matter could have been raised in earlier proceedings it should have been…

That is to adopt too dogmatic an approach to what should in my opinion be a broad,

merits-based judgment which takes account of the public and private interests involved a

nd also takes account of all the facts of the case, focusing attention on the crucial question whether,

in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.”

[AndyOrch]

You are most welcome Grafter thank you for the recognition.

 

Your last post was the 28th June and I quote.....

 

" I will leave you in peace now. Thank you very much for the help and advice. Acknowledgement has been submitted and I will await your valued advise on my best course of action. Thank you very much. "

 

No further posts by yourself after that date and no further activity on the forum...so I must disagree with you on that point.....but that's irrelevant.

 

With regards to your claim...the claim was discontinued by Consent therefore no defence was ever seen by a DJ or a court therefore there is no judgment in place but a Consent Order which withdraws the claim.

 

A consent Order cant dismiss a claim only a DJ can...so in effect its just been discontinued....as per 100s on this forum every year without the need of legal representation.

 

With reference to your last paragraph that is with regards to claims that have been heard at trial that have either been struck out or dismissed or adjudged...it is commonly known as Res Judicata and only applies to case,s that got to trial.

 

This is the relevant CPR with regards to discontinuations..

 

Discontinuance and subsequent proceedings

 

CPR38.7 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.

 

I dont begrudge anyone seeking Legal representation if required.....but in your case what you have achieved is achieved by 100s of other posters here on CAG without the need of legal representation.

 

Anyway as I stated well done and I am pleased that this has been resolved to your satisfaction grafter.

 

Regards

 

Andy

[DonkeyB]

Waste of time us helping you then...well done:madgrin:

 

As regards your advice to others it not true...they can with permission of the court.

 

Andy

 

Yes, totally. Strange one. Don’t think they capitulated on legal issues.