Mr Nunnyrose's Lloyds CC, no CCA***Set A Side***and now Discontinued***

[Ganymede]

Not the end of the world. I doubt they'll comply.

[nunnyrose]

Yes Gany, I doubt it too.

however, if they do comply I will have 14 days to file, so I am working on my defence just in case.

You could say I needn't bother till necessary but its a good learning process and I want to fully understand - more so for future reference as between us, me and Mr NR have others debts to tackle.

[nunnyrose]

Update:-

 

Cabot/Restons had until today to file an Amended POC or claim would be struck out.

I have today received a Notice of Discontinuance which is great ... I think?

Can Cabot bring another claim for this at a later date or does discontinuance put an end to it all ?

I'd be a lot happier if they had failed to file resulting in the strike out.

Thanks in advance

[AndyOrch]

Excellent ........the discontinuance ends this claim only....not impossible for it to resurface ...but I doubt very much it will.Check that the court as also received a Notice of D.

 

Thread title amended to reflect the outcome.

 

Well done NR

 

Regards

 

Andy

[nunnyrose]

Thanks Andy, I know it's good news, and I agree it's unlikely they will resurrect it, but does the same apply even if it where struck out - could it still resurface?

I have checked with the court, they have received notification too.

[AndyOrch]

If a claim is struck out...then that is the judgment of the court...and in that case any further claim could be challenged/defended by using Res Judicata or Res iudicata also known as claim preclusion, is the Latin term for "a matter already judged.

[nunnyrose]

ok, thanks for all your help with this, I'll let it be and be happy with the discontinuance. It kind of grinds that they could have discontinued yonks ago as they knew they didn't have a valid claim but I guess that's the way they operate in the hope I would buckle..... and probably would have without CAG!

 

A huge thank you Andy and all

[AndyOrch]

Enjoy your weekend.

[nunnyrose]

So I'm trying to chill out and enjoy the weekend but I've got to admit it's bugging me.

 

The covering letter from Restons (enclosing the notice of discontinuance) says " Please be aware that although the Claim has been discontinued, this does not mean that the debt has been written off or that you are no longer liable to repay it"

 

The whole argument so far has been that the debt has been disputed, and now that it has been discontinued it doesn't give an opportunity to defend. An Amended Particulars of Claim would have given that opportunity. Also, by not filing amended POC, and therefore no defence filed, so I've got no chance of claiming costs.

 

Sorry, I'm just having a rant really....feeling pretty disgruntled at the moment.

[AndyOrch]

Let me put another perspective on this NR then you can relax...you couldn't have claimed wasted costs anyway as this was small claims track....the debt has not been written off...just the claim discontinued......irrespective of whether its in dispute or not...the debt remains........think of this way...there is nothing to defend...it didn't get to trial....its very unlikely that any further claims will be made....and once its reached statute barred then you can forget it forever......

 

Andy