backdoor CCJ Cabot/Restons - old Blackhorse loan - **WON ** successfully set aside & Cabot Paid my costs!!

[Guest]

seems maybe then the ccj shld now be setaside, and the claim itself dead.

note cpr part 38 re discontinuance. have you received such cpr notice?

ordinarily it wld be auto liable for the others costs. but it says not applicable re if allocated to small claims track. has it been allocated?

otherwise, maybe 'wasted costs' against the rep under Practice direction 46?

see what the guys say

[9000Parts]

I have an official looking Notice of Discontinuance with an actual signature on it (not a photocopied version). I still dont really know what track it was on or is now allocated to as I have never seen any of the original paperwork or any of the court paperwork. I assume it is/was small claims as it was just under £4K.

 

If it is Small Claims then what other avenues do I have to make them cough? Assume its a case of threaten them to pay or take action against them. What avenues do I have on that front? This may be the best example and with the best evidence of a willing backdoor case that ive come across on this forum.

[Guest]

Procedure for discontinuing

 

38.3

(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.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38

if it hasnt formally been allocated to smalls, then the auto costs liability following disc (para 38.6) could apply. otherwise, maybe the 'wasted costs' i mentioned. or...?

[panther12]

http://www.smallclaimscourtgenie.co.uk/stop-this-train-i-want-to-get-off/

[9000Parts]

http://www.smallclaimscourtgenie.co.uk/stop-this-train-i-want-to-get-off/

 

Trouble is, I have no idea where I am. Last hearing I had was to set aside the judgement, this got adjourned so as it stands the claim hasnt been set aside yet and the CCJ is still active. Does this mean that the case isnt allocated any more or would it rely on how it was originally allocated?

 

Maybe the Judge will decide he isnt going to consent and allow the hearing to continue?

[Guest]

Maybe the Judge will decide he isnt going to consent and allow the hearing to continue?

unlikely, if the disc is proper and covers the set aside and the original claim.

[martin2006]

Surely if the court has granted the ccj from 29/12 and now this is your set aside application, how can restons issue a discontinuance?

This is your action now isn't it?

 

Maybe im not fully understanding something!

[Guest]

was thinking that they arent objecting to the set aside (as they said in the proposed con order), the ccj then being set aside back to the claim, which they now want to discontinue? not entirely clear whats happened.

[9000Parts]

Surely if the court has granted the ccj from 29/12 and now this is your set aside application, how can restons issue a discontinuance?

This is your action now isn't it?

 

Maybe im not fully understanding something!

 

I dont really understand either but here is a condensed version:

 

29/12 Judgement in Default granted for close to £4000 at my previous address

Feb. Noticed CCJ on my Credit Report so started chasing Northampton and local court.

March. Submitted N244 to set aside, wrong address and stature barred

Early April. Visited local County Court for set aside hearing. Hearing was adjourned so both parties could get their acts together.

Late April. Submitted my Witness Statement with good evidence claimant had my current address and Statute Barred.

Last week. Offered a Consent form for Rectums to set aside and withdraw claim. Refused until cost are paid.

Last week. Offered a 2nd Consent form with £120 costs to set aside and withdraw. Raefused again on lack of costs.

This week. Deadline has passed for Rectums Witness Statement to be received. Notice of Discontinuance issued.

[9000Parts]

My best guess is they know they have no hope having seen my Witness Statement (want me to post it up?) for the set aside hearing so they have decided they want to bail out and withdraw. Tells me they may have something to hide too as they havent even tried pushing their luck just went straight to asking me to consent to set aside and withdraw the claim completely. I am only asking for a set aside so I can defend the case but they have decided to leapfrog that by withdrawing the claim in its entirety. Doesnt really follow any of the cases I have read on the forum.

[AndyOrch]

You cant issue a Notice of Discontinuance once judgment has been granted...the Caimant can only stop it by both parties consenting to a set a side and withdraw..to kill the claim.

 

 

Andy

[9000Parts]

So if I dont sign the Consent Order(s) they sent me (because they wont cover my costs) then the claim is still on?

 

29/12 Judgement in Default granted for close to £4000 at my previous address

Feb. Noticed CCJ on my Credit Report so started chasing Northampton and local court.

March. Submitted N244 to set aside, wrong address and stature barred

Early April. Visited local county court for set aside hearing. Hearing was adjourned so both parties could get their acts together.

Late April. Submitted my Witness Statement with good evidence claimant had my current address and statute barred.

Last week. Offered a Consent form from Rectums to set aside and withdraw claim. Refused until my costs are paid.

Last week. Offered a 2nd Consent form from Rectums with £120 costs to set aside and withdraw. Refused again on lack of costs.

This week. Deadline has passed for Rectums Witness Statement to be received. Notice of Discontinuance issued by Rectums.

[AndyOrch]

So if I dont sign the Consent Order(s) they sent me (because they wont cover my costs) then the claim is still on?

 

 

Yes...but only if they wish to proceed.....if they dont then the Judge will set a side dismiss the claim at the next hearing.

[9000Parts]

So whats going on? Is this Rectums playing games again or is it the fact that Ms. Danielle Leah Armstrong (Trainee Solicitor, Grade D) isnt a very good learner?

[AndyOrch]

So whats going on? Is this Rectums playing games again or is it the fact that Ms. Danielle Leah Armstrong (Trainee Solicitor, Grade D) isnt a very good learner?

 

[martin2006]

You continue until its set aside, then they can discontinue their claim.

[9000Parts]

Still chance for me to ask the Judge (nicely) for all my costs then as Rectums dont seem to know their arse from their elbow?

[AndyOrch]

Yes by all means raise it...if its dismissed...but you wont get much more or possibly even less than they have already offered...as this is small claims track.

[9000Parts]

But what else can I do to them? No point complaining to Carboots or Rectums as they wont do anything so who do I tackle about their blatant (mis)use of my address details?

[AndyOrch]

Well the courts wont do anything either...your not going to change the murky world of DCAs and defunct debt buying.....too many fat cats involved.

Accept their Consent...accept their offer of wasted costs...put an end to it and enjoy your life...lifes too short.

 

Andy

[panther12]

Yes by all means raise it...if its dismissed...but you wont get much more or possibly even less than they have already offered...as this is small claims track.

As it was a default judgment through no reply to claim (so effectively rubber stamped by the court regardless of the amount claimed) If it went to set aside hearing and successful then the claim would revert back to claim issued stage where the OP would file his defence and then the claim would get allocated to track. I'm not sure but at the moment would it still be trackless?

[AndyOrch]

Yes it will remain trackless until allocation..should it ever proceed....but if any costs are allowed they would be restricted to the SCT rules..IMHO...but that's for the DJ to decide.

[Guest]

Last week. Offered a 2nd Consent form with £120 costs to set aside and withdraw

ok. they are agreeing the set aside, then will discontinue their claim.

is that 120 in addition to them paying you the court setaside application fee you paid?

[9000Parts]

ok. they are agreeing the set aside, then will discontinue their claim.

is that 120 in addition to them paying you the court setaside application fee you paid?

 

The £120 is all they offered which doesnt cover the N244. If they had offered £275 then I might have been tempted to accept but as I put in my reply email to Ms. Danielle Leah Armstrong (Trainee Solicitor, Grade D) thir offer was frankly insulting.

 

The letter containing the Notice of Discontinuance mentions a date for the hearing but to date I have not had notification from the Courts about this. Would they have got the information before me or do they get electronic notification while my copy is sent on a Royal Snail?

[Guest]

ok

shld at least get back the court fee. how about trying to negotiate that then, so it includes the court fee?

 

as has been posted, it wont be 'discontinued' until there has at least been a set aside