PRA/Brodies SPC Claimform - old LLoydsTsb Credit Card Debt ***Claim unilaterally abandoned by Claimant***

[AndyOrch]

Yes go a head sign...confirm your position as yes you are in agreement...there are no matters to be agreed before the case calling   

[highlands]

Oh, brilliant, thats that then! 

I cant thank you all enough for your help and patience.

[AndyOrch]

You could  add why they are not issuing a Abandonment Notice ....and check with your court that it has been withdrawn.

[highlands]

Is the Abandonment Notice to prevent them trying again at a later date?

[dx100uk]

push for them to do it the correct way .

then the sheriff will dismiss the claim

as it stands , it leaves them the option to repone the hearing.

 

9.8 How can a claimant abandon a claim?
(1) A claimant may abandon a claim any time before the sheriff decides a case by sending an Abandonment Notice to the respondent.
(2) That claimant must at the same time send the court a copy of the Abandonment Notice with evidence that it was sent to the respondent (for example a postal receipt or a copy of an email).
(3) When the court receives the Abandonment Notice, the sheriff must give the parties written orders.
(4) Those orders may dismiss the claim.
(5) Those orders may do one of three further things:
(a) order that no expenses are to be awarded to any party,
(b) order that a sum of money is to be paid to a party or to a party’s solicitor, as assessed by the sheriff clerk, or
(c) arrange an expenses hearing (see Part 14).
 

[highlands]

Great thanks, I have not emailed them yet, can i post my response first here to check it reads ok?

 

[dx100uk]

[email protected]

 

subject SPC CLAIM number xxxxx xxxx court 

 

dear marianne.griffin

 

thank you for your letter dated xxxx

i can confirm i am happy for you to abandon your speculative claim.

there is no need for me to sign anything

simply use the relevant SPC Abandonment Notice.(9E)

under rule 9.8 to the court

 

9.8 How can a claimant abandon a claim?
(1) A claimant may abandon a claim any time before the sheriff decides a case by sending an Abandonment Notice to the respondent.
(2) That claimant must at the same time send the court a copy of the Abandonment Notice with evidence that it was sent to the respondent (for example a postal receipt or a copy of an email).
(3) When the court receives the Abandonment Notice, the sheriff must give the parties written orders.
(4) Those orders may dismiss the claim.
(5) Those orders may do one of three further things:
(a) order that no expenses are to be awarded to any party,
(b) order that a sum of money is to be paid to a party or to a party’s solicitor, as assessed by the sheriff clerk, or
(c) arrange an expenses hearing (see Part 14).

 

regard s

highlands

 

[highlands]

Oh thats good!  thanks,

[dx100uk]

On 13/11/2020 at 01:03, dx100uk said:

we'll dangle some bait first

don't worry about the CCA until we reply to the claimform in Jan.

 

it might actually confuse PRA as they'll think you've not got a clue what you are doing and hope for an easy walk over claim.

 

and ofcourse the result of these tactics of keeping then in the dark and delaying till the last moment ... now bears its fruit - as by the time this is over the debt will now be statute barred....dismissal means the clock never stopped 

[highlands]

I wasn't sure if the contact from them would reset the statute barred aspect so thats interesting to hear.

[dx100uk]

but you havent admitted anything...

which is why our defences/reply forms are carefully worded

[highlands]

Hoping for an email response by  Monday and i will update the thread.  

[highlands]

Received following response;

 

Thank you for your email below.

 

The offer advanced, on a purely commercial basis, was to dismiss the court action on a no expenses basis.  As you will be aware, the Order of the Sheriff dated 7 January 2021 encouraged parties to make contact and to advise the sheriff clerk if settlement was agreed in advance of the Case Management Discussion.

 

If you are agreeable to the court action being dismissed on a no expenses basis I can simply email the sheriff clerk and advise that matters have been resolved on that basis.  If you are content that I copy you in by email then a short response from you to the sheriff clerk indicating your agreement to dismissal no expenses should allow the court to cancel the Case Management Discussion fixed for 11 February 2021 and dispose of the court action as agreed.  

 

I look forward to hearing if you are content to resolve matters as suggested.  If so, I will email the sheriff clerk and copy you in to enable you to respond and confirm.

 

You may wish to seek your own independent legal advice or contact your local Citizen's Advice Bureau or other free debt advice agency.

 

Regards,

 

[dx100uk]

yea and i smell a rat..why not do it properly by the correct form??

can you scan up the sheriffs order of the 7th please to PDF.

i know what it looks like but lets check it.

 

 

[highlands]

no problem, I am a bit pessimistic about this now!

sheriff0702.pdf

[dx100uk]

Reply..

 

I have and am still receiving legal advice, which resulted in my last response.

 

The correct method is to use form 9E.

However i am of course not refusing your kind offer.

 

Dx

[highlands]

Reply sent. I wonder what they are up to?

[highlands]

Just received;

 

It appears we are agreed that the court action can be dismissed on a no expenses basis.  I shall email the sheriff clerk on Monday, copying you in if you would be good enough to respond confirming the agreed position.

 

I am aware of the Form 9E. If my clients were unilaterally abandoning the action I would lodge the Form 9E and would not require to seek any agreement from you to do so.  However, my instructions are to seek to agree a mutually acceptable settlement.  I will therefore proceed as previously suggested. 

 

Kind regards,

[dx100uk]

interesting term 

unilaterally abandoning the action

 

so they are not abandoning future court action...

well i think the SB is fast here if not already?

 

[highlands]

Thats the way i read it too, keeping their options open and not ruling out another go at a later time.

I am sure it was SB after 30th dec 2020.

[dx100uk]

shame that ...

 

well as soon as its confirmed by the sheriff it is dismissed

i think we'll wack them a scottish SB letter...box them in..get the nails out and hammer them home.

 

 

[dx100uk]

On 08/11/2020 at 14:14, highlands said:

The Respondent last acknowledged the sums due and outstanding under and in terms of the agreement by making a payment of £5.27 on or around 29 December 2015.

 

from their court claim

 

dx

 

[highlands]

Yes that sum and date are also in the pra sar. 

I will reply confirming i am happy to be cc'd to clerk of court accepting the offer.

am i correct in thinking the sb letter goes to PRA  after i get notice from court confirming the case is dropped?

[highlands]

Received confirmation case dismissed. Big thank you for all your help!

[dx100uk]

from whom?

 

dx