Tweet
Dear Sir or Madam,
I am inr receipt of your letter dated <insert date> confirming that your client has instructed you to close the account you have open with respect to the alleged debt.
However, your letter is rather unhelpful in that it does not confirm whether your client has instructed you to discontinue the claim as per my previous letter to you. I would be grateful if you can confirm whether or not a notice of discontinuance has been issued to the court and if so on what date.
---------------------------------------------------
If MC don't reply to you or refuse to give you any further information I would suggest you submit a subject access request to them and see what information you can glean.
I would also be writing to Cabot and repeat in the same or similar words about whether they have issued a notice of discontinuance. You could also point out that the 6 month stay is coming to an end and if you do not hear back from them by 4pm on the date when the 6 months is up, then you will be making an application to lift the stay and seeking summary judgment/strike out of their claim. You will also draw the court's attention to the fact that Cabot have failed within the 6 months to engage with you as well as ignoring requests for documentation, all of which you consider to be unreasonable conduct given the fact that they specifically sought the stay of 6 months to negotiate a settlement - it's clear that that was not their intention at all.
You could round it off by saying any application to the court will be made seeking costs incidental to the application as well as inviting the court to consider making a further award of punative costs resulting from their conduct.
If you don't make the application, the claim will remain stayed and then Cabot will have all the time in the world to gather what they need and then lift the stay possibly years down the line. I warn you because therre have been a number of members of this forum who have been caught up in that situation - whether its fair or not is irrelevant, you can't sit around and relax expecting the thing to go away, you will need to do something yourself unless that notice of discontinuance is filed and served on you.
I am inr receipt of your letter dated <insert date> confirming that your client has instructed you to close the account you have open with respect to the alleged debt.
However, your letter is rather unhelpful in that it does not confirm whether your client has instructed you to discontinue the claim as per my previous letter to you. I would be grateful if you can confirm whether or not a notice of discontinuance has been issued to the court and if so on what date.
---------------------------------------------------
If MC don't reply to you or refuse to give you any further information I would suggest you submit a subject access request to them and see what information you can glean.
I would also be writing to Cabot and repeat in the same or similar words about whether they have issued a notice of discontinuance. You could also point out that the 6 month stay is coming to an end and if you do not hear back from them by 4pm on the date when the 6 months is up, then you will be making an application to lift the stay and seeking summary judgment/strike out of their claim. You will also draw the court's attention to the fact that Cabot have failed within the 6 months to engage with you as well as ignoring requests for documentation, all of which you consider to be unreasonable conduct given the fact that they specifically sought the stay of 6 months to negotiate a settlement - it's clear that that was not their intention at all.
You could round it off by saying any application to the court will be made seeking costs incidental to the application as well as inviting the court to consider making a further award of punative costs resulting from their conduct.
If you don't make the application, the claim will remain stayed and then Cabot will have all the time in the world to gather what they need and then lift the stay possibly years down the line. I warn you because therre have been a number of members of this forum who have been caught up in that situation - whether its fair or not is irrelevant, you can't sit around and relax expecting the thing to go away, you will need to do something yourself unless that notice of discontinuance is filed and served on you.
Comment