HBOS Claimform - old Halifax Credit Card debt **Discontinued**

[HP Mum]

 

"We have been passed a copy of your Notice of Defence and Counterclaim in respect of our Claim # xxx in NCCBC.

After careful consideration we have decided not to proceed with the claim.

We also confirm that no further action will be taken in respect of the outstanding balance.

Please note that this is purely a business decision and does not diminish your liability for the debt.

We trust this brings the matter to a satisfactory close".

 

I just can not believe this.

Thank you all so much for helping me with this.

 

 

Without your advice and support I am sure I would have been sitting in court imminently with a potentially completely different outcome.

I have been so worried about H's claim against me. But this is just such a fantastic result.

Happy Christmas !!!

 

Just one more question to you all though - what does "does not diminish your liability for the debt" mean ?? - If they are not taking any further action ?

[London000]

Hi there HP MUM,

 

I really coudn't be more happy for you!!! Frame the letter and added to your xmas gifts

 

Well done and enjoy the "Festive Seasons":)

 

 

Just one more question to you all though - what does "does not diminish your liability for the debt" mean ?? - If they are not taking any further action ?

 

Wait for the translators to explain in plain english.

 

All the best,

DD:cool:

[vint1954]

Check with the court that this has been done, or they could win by default. Ring the court and check!!!!!

 

They mean by their letter, that they will take no further action to recover the debt, but the concider that you were responsible.

 

But again, check with the court that they have withdrawn.

[HP Mum]

Thank you - will do.

 

They needed to respond to Court by 22nd, tomorrow. So I guess it is important to check today !!

[HP Mum]

Yippee

The Court has received notification from H that they are not pursuing their claim against me.

Fantastic, fantastic, fantastic....

 

One little caveat though - the Court did say that they will file the Claim. If the Claimant wishes to reinstate the Claim at any time they can.

They will have to apply to the Courts to have the Stay lifted ; I would be notified of this action ; the Claimant would then have to reply properly to my Defence ; I would then have to respond accordingly.

So, in essence, although the Claimant has abandoned the Claim and says they will not pursue me, they could at some point reinstate the Claim and fight me again. I trust they won't. And I hope that I can sleep a little bit easier.

 

I hope others take notice of my thread here and that the steps I took can be copied to help someone else have the same result....

 

Thank you once again to all those who helped.

[militantconsumer]

I wonder if it might be possible to get this claim "struck out" because of the letter received from Halifax. Or if the Court will strike it out themselves.

 

If you could get it struck out then they would have to start all over again if they ever wanted to take action against you, rather than just have the right to reinstate the same claim.

[postggj]

i did say wait for the white flag of surender

 

i wonder

 

was it

 

the agreement or default notice

 

no worries

 

best ever christmas present for you

 

congrats

[toymaker1]

 

Stop worrying. It's finished.

 

Regards.

[HP Mum]

[vint1954]

Hi HP Mum, good result.

 

I have a similar claim starting with MBNA. What defence did you use.

 

Vint

[HP Mum]

see post#40. And maybe read from the start this thread.

Have mbna sent a claim form to you ?

Or are you about to send in a Claim against them ?

 

One extra thought on my case.

I sent CPR 18 and CPR 31.14 to H. Both these legal docs state that if H do not reply that I will report them to the Court and get the case struck out.

I am thinking that this is my way to get the case completely and finally struck out rather than just filed by the Court ?????

Does anyone agree ?

[militantconsumer]

They can only say no. I really think it is worth writing a letter to the court asking for this. You will get much more closure on the case if it is struck out.

 

"As the claimant has failed to comply with CPR 18 and CPR 31.14 the defendant requests that the claim be struck out".

[vint1954]

Yes, I have read the whole thread but could only find a short defence.

 

militantconsumer said:

"As the claimant has failed to comply with CPR 18 and CPR 31.14 and has withdrawn the action, the defendant requests that the claim be struck out".

Vint

[postggj]

Any Chance Of A Mod Marking This Thread As Won

[gh2008]

 

As they have discontinued, without asking your permission first, once you receive the order from the court you can reject their discontinuance.

 

At that point the claim is reinstated and you can apply for it to be struck out.

[HP Mum]

Hello again.

 

A few weeks later and I am wondering if I should send the letter below to try and get absolute closure on this case. Or does someone think I am opening the can of worms again!!

 

Final advice please...

 

Dear Sirs,

The Claimant advised by letter, dated xx/09, that they have decided not to proceed with the claim against me. They also confirmed, in the same letter, that they will take no further action in respect of the alleged outstanding balance in this claim.

I respectfully now ask that the above Case # x be struck out.

 

On xx/09 I had sent CPR 18 and CPR31.14 requests to the Claimant. They had a legal obligation to disclose the information requested within the statutory period of 14 days. The Claimant failed to comply, instead advising that they were not proceeding with the claim against me. On this basis I would like to ask that the Claim be stuck out, rather than just filed.

 

I look forward to your reply to bring this matter to close.

 

[gh2008]

I'm afraid that the case is now closed BUT the alleged debt remains.

 

The court cannot do anything now as you can only reject the discontinuance within 28 days IIRC

 

They *may* just give up hassling and then 6yrs after the default was entered on your CRA file it will 'drop off'.

 

6yrs after your last payment or acknowledgement of the debt it becomes statute barred.

 

If they do decide to issue a claim again, they would have to explain to teh court their behaviour in this case. If the court thought they acted unreasonably then they will not allow the claim to prgress and it would be struck out as an abuse of court process.

 

hth

gh

[HP Mum]

So then sending this letter is pointless ??

But if I refer to your other post above, if they did try to reinstate the case down the line (even in years to come), I could point out to the court their failure to disclose docs, that they discontinued without my permission and that I now wish to have it struck out....??

Thanks for the input.

[gh2008]

yes and yes IMHO

 

although in the latter, assuming no paperwork again, you would also ask for summary judgement against them and put a stop to it for ever.

[toymaker1]

If it was me I would do nothing. Halifax has clearly dropped the matter. No point in stirring things up again. Life is too short. File it. Forget it. Move on.

[HP Mum]

Yes.

I will drop it and move on....

Thanks all...

 

Ps - Toymaker did you see the letter Egg just sent me ? (its on your thread)

[angel_1]

hiya HP mum, come here from fingers thread so will read from the start later today

 

hoping this is the end of the matter for you

 

have a fun day angel x

[HP Mum]

Hi Angel - think so. I, at least, am considering it worthy of putting the file on the shelf to gather dust !!

If you have any info on mbna though, would be grateful of a look at my thread on them.

Have a nice sunny sunday.

[angel_1]

hiya hpmum any updates since the last post ?

 

looking in for further inspirations

 

cheers angel x

[HP Mum]

No update.

It has been a year and H has not been back in touch - so I guess the advice I was given was perfect. Hence why I opted to advise Cadbury on their thread this last w/e.

I did write to the Courts and ask to have the case thrown out for good, but I just missed the 28 day deadline. I have to hope that they never re-open the case...