M&S/DG Claimform - old M&S Card debt **Discontinued**

[citizenB]

Issue date 09 sept 2013

 

Particulars of claim the defendant entered into an agreement(the agreement)regulated by the consumer credit act 1974 with HSBC BANK plc

By a deed of assignment HSBC Bank plc sold Ll rights under the the agreement to the claimant

It then goes on to say defendant has been given notice and breeched the agreement failing to make payments the defendant as been served notice

Amount claimed 7816.21 plus court fee 190.00 plus solicitors fees 100 total 8106.21

 

 

Ok, your timeline will be..

 

Issue date 9 September + 5 days for service = 14 September + 14 days to acknowledge = 28 September + 14 days to submit defence = 12 October 2013.

 

Can you advise why the first claim was discontinued and who was the claimant at that time, HSBC themselves ? Do you still have the paperwork from that time with the claim reference on it.

[dillon21]

I will have a look many thanks

[citizenB]

[dillon21]

Ok I can't find anything

 

I'm sure I kept the letter from the court so will have a good look later

 

I did he t all the advice for the origanl case on these forums and tried to search back but all i can find is a thanks I sent to another forum member

for all their help doesn't seem to let me go back any further

[havinastella]

Who sent you the last court papers for this?

[dx100uk]

Ok I can't find anything

 

I'm sure I kept the letter from the court so will have a good look later

 

I did he t all the advice for the origanl case on these forums and tried to search back but all i can find is a thanks I sent to another forum member

for all their help doesn't seem to let me go back any further

 

click on your username to the left

 

find all threads

 

dx

[dillon21]

No still cant find it I think I may have changed my user name

[Andyorch]

Your original user name was ruth**ll

 

You started threads regarding court claims :

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?290134-court-papers-from-cabot-financial-morgan-sokicitors-citi-cards-debt

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?261222-Court-papers-received-Ffom-HG-Legal-amp-colllections-sky-card-barclays

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255964-court-papers-from-santender-laura-ashley-stors-card

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?237324-credit-card-Claim-issued-by-M-amp-S-Help-needed

 

Regards

 

Andy

[dillon21]

Thank you you people are just amazingly helpful x

[Andyorch]

You are very welcome Dillon...Is the claim in connection with one of the above?

 

Regards

 

Andy

[citizenB]

You are very welcome Dillon...Is the claim in connection with one of the above?

 

Regards

 

Andy

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?237324-credit-card-Claim-issued-by-M-amp-S-Help-needed

 

I think it is this one andyorch

[dillon21]

Yes this is the one should I write to weightmans telling them that I had a letter from the court in Feb 2010 saying it was discontinued

Thanks

[Andyorch]

Thank you CB ..... Dillon I have edited the original thread to remove your original username.If you can confirm it is the correct thread I will merge for history.

Thread title also amended

 

Regards

 

Andy

[Andyorch]

Yes this is the one should I write to weightmans telling them that I had a letter from the court in Feb 2010 saying it was discontinued

Thanks

 

Threads now merged.

[Andyorch]

Who is the claimant this time around Dillon and Solicitors?

[dillon21]

Yes weightmans

[Andyorch]

Yes weightmans

 

Claimant/Solicitors ? If you rather not name them in the open forum PM me...gives me an heads up if I know who we are up against.

[dillon21]

Hi weightmans are the solicitors who are making the claim

[Andyorch]

So both Claimant and Solicitors..there name is in both boxes on the N1?

[dillon21]

Marlin are the claimant weightmans solicitors

Sorry for confusion

[Andyorch]

Discontinuance and subsequent proceedings

38.7

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.

 

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

[dillon21]

So what should my next move be

[Andyorch]

Advise the Sol that this matter has already been litigated claim number xxxxxxx county court xxxxxxx and was Discontinued on xx xxxx xxxx.Attach a copy of the NoD and refer them to CPR 38.Unless they have permission to represent the claim you invite them withdraw their claim at their earliest convenience

 

Until you get written conformation of the above you must proceed to acknowledge the claim and proceed normally..

[dillon21]

Oh dear I don't think I still have all tat I thought I had put the letter safe but can't seem to find it but I can get an idea of the date from the posts on here

[dillon21]

What should my next step be