** Discontinued ** Court claim

[Michelle--]

Hello again, sorry to be a pain but I'm going to file my defence over the next day or so. Any help and advice would be gratefully received as I'm pretty green with all of this and all help is appreciated.
michelle

[Michelle--]

Letter today off the credit company stating debt is now unenforceable after my recent cca request. Solicitors confirmed this and all court action now stopped. Can't thank you enough for the advice I have received and for the mountains of information on other posts people take time to do to help and advise others like me. This is a fantastic community and the people who spend there own time helping others deserve a medal. It goes to show if you listen to some of the fantastic advice on here, do a bit of research and have the strength to stand up to some of these company's you can come out on top. Thanks again.

[Amethyst]

That sounds like good news Michelle-- Have you received a notice of discontinuance as yet ?

Apologies for missing your previous post regarding your defence - did you get that submitted ? IT's not actually due for a couple days yet - so I just want to make sure that the letter you have received saying the debt is unenforceable and action has been stopped, does say what you think it says. If you can post a copy ( redacted ) it would be useful.

We have seen a number of times the claimant replying to a CCA request saying ' don't have it, debt unenforceable, account on hold ' while making no reference to the court case, and then filing a default judgment a few days after the defence was due to be filed ( but wasn't due to their misleading letter ).

[Michelle--]

[Michelle--]

Hi, thanks for the reply, that's what I received today. I also called the solicitors who have confirmed that they have been instructed to withdraw the claim. I have my defence ready if I need to submit it and I can now include this letter.

[Amethyst]

Good. I would submit your defence on the right date if you haven't had a notice of discontinuance by then.

That letter is the one I thought it might have been, you can see how sometimes that letter encourages people not to enter their defence and end up with a default judgment. Most don't ring the acting solicitors firm to check xxx

There is a difference in whether a case is discontinued before or after a defence has been filed. If after defence the claimant would have to apply to the court for permission if they wanted to try the claim again. If before defence then they can just start again whenever. Of course discontinuance either way means that the clock on statute barred continues running.

[Michelle--]

Oh that's brilliant thank you. It's an absolute minefield isn't it. I'll call them all again asking when I will be receiving this notice of discontinuence, and maybe even try the court directly. The solicitor did say that they have retracted it and basically now have nothing more to do with the case and everything needs to go through cabot.

[Amethyst]

Cautiously optimistic then but if nothing does show up by defence deadline - file it !

[Michelle--]

Notice of discontinuance received today, thanks amethyst for the advice, I submitted the defence like you said and it's just about finished. Thanks for all the help and advice, you have been fantastic. I'm now starting my own claim against the credit firm for all my legal costs etc so we'll see how we go. Thanks again.

[Amethyst]

Fabulous

You can't claim in a new claim for your legal costs - what you would do is file a request for wasted costs in the case. First step would be a letter to Cabot's solicitors.

What costs are you looking at claiming ?