Reston/Cabot discontinuance

[Bluebell1991]

Hi,

Can anyone help please?

To cut a long story short, I have a letter of Notice of discontinuance (N279) from back in 2015 from Restons. It states The claimant discontinues all of this claim, however over the last few weeks I have started receiving requests for payment for this alleged debt from Cabot. (I know Restons are Cabots solicitors)

Do I continue to ignore these letters or send them a copy of the discontinuance and request they stop harassing me?

Thanks

[dx100uk]

well they are quite entitled under E&W law to ask for payment

as long as they don't threaten court

 

when was your last payment prior to the failed court claim?

[Bluebell1991]

I have never made a payment

[dx100uk]

ok take two

when was the agreement taken out please

[Bluebell1991]

Credit file shows as

-in Closed accounts section it is marked as satisfied by Halifax it states the account default date 6/2/13 and the account closed date 31/3/13

-in Open accounts it is under Cabot credit management group ltd and has the same default date and shows as a default

[Bluebell1991]

The account start date was 12/8/2004

[dx100uk]

so not statute barred sadly.

 

either ignore them

or send a copy of the disc'd letter

 

they are entitled to ask for payment

[Bluebell1991]

Yes sadly, can they try and take me back to court? Can they sell it on, and if so does the whole process start again?

[dx100uk]

I'm puzzled by the comment you never made any payments?

dx

[Bluebell1991]

I think this debt was for an overdraft on a Halifax current account.

 

So when you say payment do you mean when I last used the account?

 

I followed previous advice from this site that led on to the letter of discontinuance (Thanks)

 

I was meaning I have never acknowledged or made any payments since default.

 

Does that make sense?

 

Sorry for not being more specific,

hope this clarifies what I meant when I said I have made no payments.

 

I think I will ignore their requests for now,

and if they do try and threaten me with court action I will then send them a copy of the Notice of discontinuance.

 

Thanks again for all the CAG help and advice.

[dx100uk]

sounds like a good plan..

 

it will be your last usage [paying something] or your money paid in that the SB clock start.

[Andyorch]

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

 

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.

[Bluebell1991]

Thanks dx, Andy and CAG

Great advice and support as always

Edited December 5, 2017 by Bluebell1991
new message

[Andyorch]

Ignore them...dont send a copy of the N279