Won Vs Marlin (HSBC) Claim Dismissed no cca

[mercyblue]

It has often been said on here that a claimant cannot claim the above interest if the action is brought under the remit of the CCA.

Well section 69 certainly does not say that. Now I know people will say yes but look here

 

The County Courts (Interest on Judgment Debts) Order 1991

 

This appears however to relate to section 74 of the 1984 act not 69 am I missing something here???

[pt2537]

read 69(4) County Courts Act 1984 and then go to the order you cite

 

The question to ask is, is the claimant seeking interest upon a part of the debt which already bears interest?

[cymruambyth]

Thank you for that:)

[mercyblue]

thanks PT

[pumpytums]

Hi,

so if a debt was sold can the new owner claim s69 interest from the date of purchase to judgement? Or does the simple fact that part of the debt is made up of interest stop s69 applying under county court act 1984 s69(4)?

 

Sorry I'm a bit confused by this.

 

Pumpytums

[mercyblue]

basically yes. The fact that the debt might be made up partly of interest doesn't matter. Their cause of action starts when they buy the debt.

[hammyhound]

I am also confused so are we saying here that a new owner can claim Section 69 interest?

 

I have read on here on so many threads about claimants adding interest to the POC and everyone saying no they cant but no-one mentions whether a new owner can.

 

HH

[Tonster]

I am also confused so are we saying here that a new owner can claim Section 69 interest?

 

I have read on here on so many threads about claimants adding interest to the POC and everyone saying no they cant but no-one mentions whether a new owner can.

 

HH

 

Hi All

 

I could do with a definitive answer on this. 1st credit are saying they can add s69 interest at 8% from the period of assignment on debts they bought from Barclaycard, I just need to know if this is definitely true.

 

Cheers

 

Tony

[mercyblue]

If a claim form is issued claiming section 69 county courts act 1984 surely they must state a date(s) for the amount claimed and not merely a figure as per cpr16.4(2).

What would be the possible consequences of omitting this?

[AndyOrch]

You are correct MB ..its should show the full calculation ...number of days...etc.

 

Andy

[mercyblue]

thanks for that andy am I also correct that this interest figure should not be included in the amount claimed as this amount would only be added after a successful claim which clearly it is not yet?

[AndyOrch]

It use to be the case but I note that MCOL automatically adds it in when the claimants compile their claim....but its still at the discretion of the DJ to allow it.

[mercyblue]

If one wanted to try and lift a stay is it a case of using an n244? There doesn't appear to be any specific cpr for it.

[Ganymede]

Yes. You need to explain why though and have good reasons though.

 

What is the background to this?

[mercyblue]

Well it appears to me the likes of cabot etc have no problem getting them lifting after say 18 months (maybe much more but I know 18 months has been quoted on here). In fact I wonder whether they ever get refused? If so what would happen would the case be struck out I am assuming so.

What would be the potential problems of a defendant applying to lift a stay?

[oleg]

They can indeed be refused. However, you need to give a summary of your case if you want proper advice.

[Ganymede]

Why do you want to lift the stay?

[mercyblue]

Well for starters they wouldn't be expecting it along with the implication that I must consider I have a reasonable chance of success. Plus I don't need it dragging on for years for other personal reasons

[citizenB]

Ok.. so to summarise.

 

A claim has been issued against you by Cabot.

 

You have submitted a defence.

 

The claim is currently stayed.

 

You wish to apply to lift the stay in order to proceed.

 

There is no reason why you cant apply to lift the stay, you would do this on form N244 - state your reasons.. which appear to be. You want this to be over and done with so you can move on with your life. You believe you have a good chance of success.

 

IMHO, it is an abuse of process for them to issue a claim and then simply park it. I am assuming that you made requests for documents which haven't been received ?

 

You would probably have to pay a fee (unless you are exempt). I would imagine you could reclaim this in the event that you win.

 

It could be that once Cabot receive notice of the application they attempt to discontinue their claim.

 

If this happens, I think they could make another attempt down the line - are you prepared to stick to your guns and not accept them discontinuing ?

 

If you are serious about this, perhaps a letter to Cabot advising them of your intentions.. something along the lines of..

 

ref: Cabot v mercyblue

Claim reference...

Status of claim - Stayed by Court since DATE

 

 

You issued a claim against me on DATE and it is currently stayed.

 

I believe it is an abuse of process to “park” a claim.

 

“In Barton Henderson Rasen v Merrett [1993] 1 Lloyd’s Rep 540 Saville J said that it is an abuse of the court’s process to issue proceedings with no intention of taking the case any further. In contentious matters the courts exist for the purpose of determining claims. Therefore, starting a claim with no intention of pursuing it is not using the court’s processes for the purposes for which they were designed.”

 

Unless I hear from you within 14 days from the date of this letter, that you have advised the court that you are discontinuing your claim, I will be making an application to the court for the stay to be lifted and your claim to be struck out. I will also ask for costs in the case.

 

 

Yours etc.

 

 

 

Yours etc.

 

Edited October 19, 2014 by citizenB
Draft letter amended

[mercyblue]

You are largely correct citizenB - although its not actually cabot I was just using them as an example earlier. Seems to mean they (marlin) actually have sent out lots of claims that they know must be around SB time merely using the claim to stop the clock, or get a default judgement, with no real intention of pursing the claim any time soon. I like the idea of your letter from above I may well use that in the near future thanks citizenB

[citizenB]

Please do update your thread if you do go ahead

[mercyblue]

I will do

[citizenB]

mercyblue - please note I have amended the last paragraph of the draft letter in post # 7.

[AndyOrch]

Well for starters they wouldn't be expecting it along with the implication that I must consider I have a reasonable chance of success. Plus I don't need it dragging on for years for other personal reasons

 

Its not dragging on...its going nowhere...until a claim is allocated its no more than a speculative action.

 

If you do make application to lift the stay (that's the easy bit) you will also be required to state why and what order you request

 

If you want the court to " strike it out " then you have to state a reason why and on what grounds and which CPR you are relying on.This will require a hearing with both you and the claimant in attendance.The fee for application is £155 and if the claimant wishes to oppose your application (most probably with a Barrister) which you will pay for if your application is dismissed... that could add a further £1k in costs to the claim.

 

You will have to present your application as to why it should be struck out and present your legal arguments.

 

Are you sure you want to make this application?

 

Regards

 

Andy

[mercyblue]

Ok so the other side have now come up with some (scant) documentation and they are now asking how I intend to proceed. My question is do I send what would effectively be my ws, based on the docs provided, or basically say I defend it and wait for the AQ to arrive?