Dis-continuance notice and costs awarded in 2008-but still they claim!

[mikeb222]

I won a case against Arrow Global in 2008.

I defended the CC claim and they discontinued and awarded costs.

 

But they have just sent a new letter claiming for a new reference number, but the same amount.

 

Can they do this?

I thought a dis-continuance was permanent!

 

Could someone please advise my next move?

[BankFodder]

They should need leave of the court to begin a new legal claim, but I suppose that there is nothing to stop them trying it on their own

[mikeb222]

Can anyone point me to my legal rights with this.

 

As I simply don't understand how they can do this when they have already dis-continued?

[brokebutnotbeatn]

They have probably forgotten/not kept the records. You could write a succinct letter reminding them of this?

[42man]

You might find these of interest - (please bear in mind these are quite old)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?187687#post2019671

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?126664

[andydd]

Hi. Im in similar sitaution. My landlord/freeholders issued a calim against me, they didnt pay the fee and it was struck out, they appealed to have this set aside and this was also struck out.

 

They have recently started the same claim again, I have put in an applicatiopn under CPR 24 for Summary Judgement and CPR 3.4 to dismiss statement of case (both are very similar/intertwinned), basically Im saying it is an abuse of process to try to re-litigate and the claim is still struck out.

 

Your claim would be similar, you should point out they havnt complied with CPR 38.7 which requires permission is required to re-litigate discontinued claims and that is an abuser of process.

 

You can put all this in your defence and the Court may strike it out straight away as abuse using their own initiative (saving you extra fees), but if they dont you can apply for summary judgement, which is what Ive done, there is a slight riosk in that coz this is pre allocation, costs will be an issue should summary judgement not be given in your favour, on the other hand should it be given you can claim costs, mine are about £900 or about £450 if using the fixed costs regime.

 

Andy