RBS credit card claim won now new claim after sale by OC

[hammyhound]

Got a letter from them yesterday, "as court proceedings have been issued against you we wonder whether you would like to make payment".

 

Eer nope!!!

 

Acknowledged on line yesterday - new system with Moneyclaim online - now have to register etc.

 

Should I still send CP31 and CPR18 or just send CPR18. I will indeed send the "you discontinued in May and now you want a second bit of the cherry" letter.

 

HH

[postggj]

no worries on this

 

we now hit them

 

do you have dates and the claim number of the old claim

[hammyhound]

Yes,

 

got a copy of the original consent order and also the actual order

[postggj]

Ill deal with this tonight

 

it will be my pleasure

[hammyhound]

Post, your a star as ever. Just to let you know date of claim form 10th September, date of service 15th September, acknowledged AOS on line.

 

Speak tomorrow.

 

HH

[hammyhound]

Post,

 

I am receiving two calls a day from the solicitors asking for payment. I just need a little help with the defence. Want to get it in quick so that when they discontinue I can apply for costs this time.

 

HH

[middenmess]

Bump!

[hammyhound]

Just a polite bump.

 

Can I just send a defence in or do I have to send CPR letters to the new solicitors.

 

HH

[AndyOrch]

Did you submit a defence last time Hammy?

 

Regards

 

Andy

[hammyhound]

Thanks for replying Andy,

 

Yes, defence submitted, their reply to defence submitted, allocation questionnaires filed, case withdrawn by consent 2 days before CMC

 

HH

[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

 

If its SCT and assume its the same I would just make application to SO on the above basis.Rather pointless to submit another defence and waste Court time,

the wasted costs would be minimal if granted anyway

 

 

Andy

[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

 

If its SCT and assume its the same I would just make application to SO on the above basis.Rather pointless to submit another defence and waste Court time,

the wasted costs would be minimal if granted anyway

 

 

Andy

[hammyhound]

Andy it would have certainly been fast track, would that make any difference.

 

HH

[AndyOrch]

They are abusing Court procedures because you submitted a defence last time round.I would not advocate playing the process if your goal is wasted Costs they may succeed this time and not discontinue.Better to nip it in the bud why you legally can IMHO.

 

Andy

[hammyhound]

Thanks Andy, I have acknowledged on line just to give me some time for the next stage. I assume it is the normal application notice N244 but how would I word why I want a strike out, this is where I get totally lost.

 

If my application is not heard before my defence should be lodged can judgment be obtained because I have not filed a defence.

 

HH

[AndyOrch]

You simply state I make this application to strike out the Claimants Case pursuant to CPR 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.

 

You can still submit a short holding defence and refer to your application ,reason and conclude with

I request the Claimants case be struck out pursuant to CPR 38.7

 

 

All bases covered:-D

[hammyhound]

Thanks Andy,

 

dont know why I didn't receive your notification of reply. Was getting to nearly a panic stage. Will do both. Much appreciated.

 

HH

[hammyhound]

I need some help please.

 

Received a letter basically saying "the facts in this case are different in that our client was not sure whether they had served a default notice and formal demand last time, they have this time so the facts are different" I did receive a DN and FD last time so in effect the account was terminated and thereby another DN and FD would be useless.

 

Bless them they say "if you withdraw your defence you don't have to pay our costs but if you don't we will make an application to strike out".

 

My application to strike out seems to have disappeared into the ether, the court cant find it at the moment.

 

Obviously I am not going to withdraw but does anyone have any advice?

 

BTW its back with the original solicitors.

 

HH

Edited October 30, 2010 by hammyhound

[AndyOrch]

Lost for words Hammy, speechless, chase up your Application and get it in front of the DJ.

 

Regards

 

Andy

[Guest]

I need some help please.

 

Received a letter basically saying "the facts in this case are different in that our client was not sure whether they had served a default notice and formal demand last time, they have this time so the facts are different" I did receive a DN and FD last time so in effect the account was terminated and thereby another DN and FD would be useless.......................

 

HH

 

hammyhound

some cpr 38.7 info for eg! http://www.consumeractiongroup.co.uk/forum/showthread.php?235502

[hammyhound]

Thanks to you both for this. There is one question I may ask, even if the original TN was defective if that's what they are thinking and pretending they couldn't find it wouldn't commencing proceedings in the first claim have terminated the account automatically being sums claimed not yet due and thereby it would be pointless issuing a new DN and TN as the account was not live.

 

I am chasing up my N244 tomorrow at Northampton, might have to send another one in again tomorrow if they can't find it.

 

Thanks again

 

HH

[hammyhound]

Well the court have lost my application so I have to send in another one. Hopeless.

 

HH

[hammyhound]

Well the court have lost my application so I have to send in another one. Hopeless.

 

HH

[hammyhound]

Grrr two days after sending my application to Northampton I receive a notice of transfer of proceedings to my local court due to the fact that the first solicitors have come off the court record. Northampton are so far behind with their work. They are still dealing with papers from 3 weeks ago so have not received the notice of change from the new solicitors. I already received a notice of change of solicitors 3 weeks ago. Will my application now be forwarded to my local court.

 

Oh also got a reminder letter from the new solicitors with an offer of not paying their costs.

 

28 days have now passed since I lodged my defence, because the matter has been transferred to my local court does this mean that the Claimant does not have to make an application to lift the say to proceed. Is this now automatic due to the transfer. So confusing.

 

HH

[hammyhound]

Anyone with some advice, thanks