Cabot/Mortimer claimform - old Zopa Loan Debt ***Claim Discontinued***

[dx100uk]

well they can't litigate twice...

[AndyOrch]

They can DX......a claim that has been discontinued has never been adjudged...so they simply request permission to re issue given that a defence was submitted.

 

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.

 

Dont worry about the N279.....there not known with complying with court procedures....and oyu have seen it on MCOL that it has ben discontinued.

 

Andy

[AndyOrch]

Actually they dont even need permission as the defence was not submitted in this instance.

[kjw327]

All noted, and thank you.

 

What should I do next?  Especially as they have again sent to the incorrect address despite acknowledging my letter.   I am thinking that if I email them to highlight the address issue and then wait and see? 

[AndyOrch]

I would scan redact and upload the documents sent..so you have them here safe in your topic.....file everything away and forget about it.

[kjw327]

As advised - here are the documents received minus the I& Form.

 

Pages 1-6 are a copy of the 'Original Agreement'.

Pages 7-8 are a copy of the 'Notice of Arrears'.

Pages 9-10 are a copy of demand for payment with an accompanying statement.

 

Edit to add - A list of lenders is an Annex to the 'Original Agreement' but omitted from here due to being a long list of ID's.

 

 

20201127-CPR Docs Reply-CAG.compressed.pdf

Edited November 27, 2020 by kjw327

[kjw327]

Update - this reply from Cabot in relation to the CCA request arrived today.  I understand that this is their standard response.  Interesting that they advise that they do not have a CCA yet MC tried to pass off the previously posted documents as CCA.

 

Irritating that they sent the reply to my request to my old address despite my updating them.  Is there anything I can do about this?

20201209-CCA Reply-CAG.pdf

[dx100uk]

probably done on purpose to get you to respond dont!