DISCONTINUED ! Lowell / Bryan Carter / Capital One / County Cour

[Celestine]

Re: Lowell / Bryan Carter / Capital One / County Court - DISCONTINUED !

I'd draft a consent order to settle the matter after you have agreed costs. Personally, I'd send BC your 'cost schedule', then telephone them to discuss 2 days later to ensure they don't drag their heels. Once agreed, ask them to draft a consent order agreeing that the claim is discontinued, that costs of XX be paid to the defendant within 14 days of the order being approved/sealed by court. This should be filed at court at their expense.

As for your credit file, it depends on the circumstances. But as recording data to your credit file currently doesn't count as enforcement [McGuffick] you may not succeed in persuading them to remove adverse data. BUT, post 'Durkin', they may well give it more thought than they previously did.

Good luck and well done

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court - DISCONTINUED !

Many thanks for your kind help, M1 :-)

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court - DISCONTINUED !

Thanks for your kind help, Celestine.

Am a little unclear re: the N244 application I made?

It stated that the claim should be struck out without further order if the requested documents were not supplied by 4pm on April 2. It also stated that my costs and the N244 application costs should be paid by the claimant - and that these would be assessed by the court if they could not agreed with the claimant.
As the judge has already ordered this from my N244 application, would the judge not then provide whatever court confirmation to me that the case is now being struck out - without any further cost/application being needed?
or, despite my N244 application, will it still be necessary to draft a consent order to settle the matter as you mentioned? also, is the consent order a document where B.C. can be made to clearly state that they will remove the default from my credit file?

Am not sure how to draft a consent order myself? so any pointers/links would be greatly appreciated!

Also not familiar with McGuffick and 'Durkin' cases.

Thanks so much again for all your help :-)

Chris