Claim discontinued, Cabot now claiming.

[Viano]

Re: Claim discontinued, Cabot now claiming.

Having just gone through more paperwork I have discovered that the amount claimed on the original Claim Form is exactly the same as the amount claimed on Cabots welcome letter, so that suggests to me that they are claiming for the discontinued claim.

Shall I send Morgan copies of the original claim and the copy of their welcome letter as well as another copy of the discontinuance order? (including a note of 38.7)

Will this stop them in their tracks, or should I let it get to court and claim against them.

V

[Amethyst]

Re: Claim discontinued, Cabot now claiming.

I;d send them the copies as per the part 18 request.

[Viano]

Re: Claim discontinued, Cabot now claiming.

Will do!

Should my defence now be short and sweet, along the lines of Claim issued, claim discontinued, claim issued for same amount citing 38.7.

V

[Amethyst]

Re: Claim discontinued, Cabot now claiming.

I think so, quoting their original claim number on it.

Also put something about reserving the right to enter a full particularised defence if they are allowed to continue with the claim.

[Viano]

Re: Claim discontinued, Cabot now claiming.

I know I'm a pain- but how should I word this in 'legalese'

V

[Amethyst]

Re: Claim discontinued, Cabot now claiming.

nicked this off the bottom of an embarassed defence - should help with the wording a bit

17 Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.
AND the Defendant
Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed.

Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules.
The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

Statement of Truth
I believe that the facts stated in this defence are true.

[Viano]

Re: Claim discontinued, Cabot now claiming.

Thanks Ame, You are a star.

V

[dad]

Re: Claim discontinued, Cabot now claiming.

I know I'm a pain- but how should I word this in 'legalese'

V

The technical term for issuing a claim, discontinuing and then re-issuing is:

'Abuse of process'


HTH

Dad

[Viano]

Re: Claim discontinued, Cabot now claiming.

Hi dad,

My only concern is that this claim has not been issued by the original creditor, albeit they, I believe, are abusing the process.

V

[WendyB]

Re: Claim discontinued, Cabot now claiming.

Have a look on my thread. Post #147, it's a letter I sent to the OC in the case. It didn.t do much good as their legal department was very dim lol. But you'll get the genereal idea...

[Viano]

Re: Claim discontinued, Cabot now claiming.

Hi Wendy,

Thanks for that, I have just written to Morgan pointing out the error of their ways. I don't know that writing to the OC will help, but I'll give it a go.

I have just finished my (brief) defence as it has to be in the post tomorrow. Basically it is as outlined earlier. we can now only wait and see.

Thanks again for the 'head-up' on writing to the OC.

V

[WendyB]

Re: Claim discontinued, Cabot now claiming.

well see what Ame and Co think before you write to the OC, didn't realise you'd already writtten to Morgan's .

[Viano]

Re: Claim discontinued, Cabot now claiming.

O.K.

V

[Viano]

Re: Claim discontinued, Cabot now claiming.

Hi all an update.

I received a letter today from HMCS:-

Cabot v Viano

'I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimants solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days of receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to the judge for an order lifting the stay'

I assume the 28 days start today, the day I received this letter.

V

[Amethyst]

Re: Claim discontinued, Cabot now claiming.

Yip they do, thats lovely Just wait to hear from them now. In 28 days I';d give the court a call if you still havent heard just to check if they have heard anything.

Be aware though that they can pick it up again at any time while it is stayed.