Carter/EGG Claim Form **DISCONTINUED**

[vic synex]

Guys, if a default notice was issued and the outstanding sums paid before the stated time, can this DN be quoted should the account fall into default again some time in the future?

 

Maybe a dumb question but someone is trying to use it against me!

[DonkeyB]

No, if the default is remedied within the given timescale, the default is treated as if it had never happened. It should not be recorded.That’s the point of a DN in giving the consumer some protection – it’s also the stage the creditor has to go through to be able to enforce.

 

Can you tell us more?

[vic synex]

Carter mentions in his Witness Statement of a "Screen Dump" from Egg showing a DN sent out in 2008. This DN was rectified before the required time. Egg terminated in 2009 without sending another DN, I have a copy of their "Screen Dump" for the months leading up to the termination and there's no mention of a DN being sent.

 

Straws, clutching at, springs to mind!

[The Mould]

Carter mentions in his Witness Statement of a "Screen Dump" from Egg showing a DN sent out in 2008. This DN was rectified before the required time. Egg terminated in 2009 without sending another DN, I have a copy of their "Screen Dump" for the months leading up to the termination and there's no mention of a DN being sent.

 

Straws, clutching at, springs to mind!

 

Hello Vic

 

Briefly;

 

89 Compliance with default notice.

 

If before the date specified for that purpose in the default notice the debtor or hirer takes the action specified under section 88(1)(b) or © the breach shall be treated as not having occurred.

Therefore, you remedied the breach in said Default notice and it follows then that no breach occurred, in this regard, if you were in breach any time thereafter, a new valid stautory notice must be served upon you in respect of the same, the previously served and remedied Default notice is of no legal effect with regards to any other breach further on in the contract therefrom (the said remedied breach)

 

Kind regards

 

The Mould

[vic synex]

Thank you Guys, much appreciated

[vic synex]

Quick update Guys, served my witness statement, ignoring Carter's original suggestion and lo and behold, a notice of discontinuance arrives in the post today.

 

Now, am I entitled to costs and how do I go about it?

 

TIA

[DonkeyB]

Your defence wasn’t that weak then! Well done. Carter scuttles again at the first sign of having to do any application of the law. Well done.

 

Yes, wasted costs – suggest you do a draft in a letter and request his client settle, failing which you will be issuing an N252.

[AndyOrch]

Liability for costs

 

38.6

 

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

 

(2) If proceedings are only partly discontinued –

(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

 

(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

 

 

(3) This rule does not apply to claims allocated to the small claims track.

 

(Rule 44.12 provides for the basis of assessment where the right to costs arises on discontinuance and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007)

 

Regards

 

Andy

[Pipster2797]

That's great news!!

[vic synex]

Thanks for the replies everyone, is there a guide somewhere as to what costs you can request and how much?

[stubumbles]

Has this thread been moved?