Discontinued Claim - What now?

[Inthemire]

Can I ask what happens when a claim is discontinued please?

I had a claim discontinued last year (with the incredible help of this forum) but just wondered if it's safe to assume that that's the end of it?

Would I still need to declare it as a current debt if I were to discuss my overall financial standing with Debtline or the Citizens Advice Bureau for example?

I'm posting in another area of the forum about a default CCJ that I've received and I need to consider all of the ways that I may need to deal with my overall debt situation.

[Kati]

Re: Discontinued Claim - What now?

[MENTION=87380]Diana M[/MENTION] and [MENTION=48934]Debt Camel[/MENTION] should be able to answer this for you xx

[Inthemire]

Re: Discontinued Claim - What now?

Thanks Kati. Both [MENTION=61310]diana[/MENTION]M and [MENTION=48934]Debt Camel[/MENTION] are both kindly offering help and advice with my current CCJ but things are quite complicated so I didn't want to further muddy the waters by asking about my other areas of concern. x

[Kati]

Re: Discontinued Claim - What now?

Thanks Kati. Both @dianaM and @Debt Camel are both kindly offering help and advice with my current CCJ but things are quite complicated so I didn't want to further muddy the waters by asking about my other areas of concern. x

I'm sure they won't mind helping here too xx

[Diana M]

Re: Discontinued Claim - What now?

Can I ask what happens when a claim is discontinued please?

I had a claim discontinued last year (with the incredible help of this forum) but just wondered if it's safe to assume that that's the end of it?

It depends on what stage it was discontinued.

If it was discontinued before you filed a Defence the Claimant can reissue.

If it was discontinued after you filed a Defence then the Claimant would have to seek permission of the court to re-issue any claim based on the same or substantially the same facts, including any legal issues you raised in your Defence.

When a claim is discontinued the Statute Barred clock starts to tick again (because the claim was a Cause of Action) which means a debt that wasn't SB before that particular claim was issued could become SB after the Discontinuance unless you make any new payments or the creditor re-issues before the six years limitation is up (if that makes sense).

I've peeked at your KDP/Lloyds thread and it stops before coming to a conclusion, or was it another MKDP debt?

Di

[Inthemire]

Re: Discontinued Claim - What now?

If it was discontinued after you filed a Defence then the Claimant would have to seek permission of the court to re-issue any claim based on the same or substantially the same facts, including any legal issues you raised in your Defence.

When a claim is discontinued the Statute Barred clock starts to tick again (because the claim was a Cause of Action) which means a debt that wasn't SB before that particular claim was issued could become SB after the Discontinuance unless you make any new payments or the creditor re-issues before the six years limitation is up (if that makes sense).Di

The claim was discontinued after I filed my defence.

I've peeked at your KDP/Lloyds thread and it stops before coming to a conclusion, or was it another MKDP debt?

It was the MKDP debt in the thread that you've seen. The next piece of correspondence I received was from MKDP - a letter to say that they had discontinued the claim with the court and that "for the time being" there would be no further Court action. I wasn't 100% sure what this meant in the long term (and should have kept the thread going by asking...) but I was just so relieved that I hadn't got to go to court at least in the meantime and Christmas was here so I just let that take over my thoughts for a while.

I did receive some further correspondence 3 months after the discontinuance from Robinson Way which said that they will now be managing the account on behalf of Hoist, that they are aware that my account has been placed on hold and the details of this have been transferred from Keynes.

[Diana M]

Re: Discontinued Claim - What now?

MKDP discontinued a lot of claims at that time while they were in the middle of being taken over by Hoist.

Maybe part of the deal was Hoist didn't want to inherit accounts where litigation was already in progress. That's just pure speculation by me.

In your case since you filed a Defence before the discontinuance Hoist would need to make an Application to the court to issue new proceedings.

I'm aware that Hoist appear to be unaware of the claims which were issued (and discontinued) by Keynes (part of the Compello Group which also owned MKDP) so keep an eye out for any letters you receive from Howard Cohen solicitors.

How long until this debt becomes Statute Barred?

Di

[Inthemire]

Re: Discontinued Claim - What now?

How long until this debt becomes Statute Barred?

If I've understood your previous post correctly, it will become SB in November 2021.

I've just found another letter (dated the same day as the letter detailed above) which appears to be from Hoist. It says that they are writing to notify me that MKDP has assigned the account (including the balance) to Hoist. This letter also states that they are aware that my account is currently 'on hold' and I do not need to relay this information again.

Eeeek!