Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

[mystery1]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

What good will the extension do them ? You still can't litigate the same case twice.

Have you sent them the ultimatum with the first claim form ?

M1

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

What good will the extension do them ? You still can't litigate the same case twice.

Have you sent them the ultimatum with the first claim form ?

M1

There’s no res judicata here – given enough time, they could manoeuvre themselves into a position where a judge might let the case go ahead. The first case was not judged – there was no finality, so they could easily enough request the original creditor formally discontinue, withdraw themselves, then start again.

As mentioned, I’ve seen a few cases where a second bite of the cherry was allowed, once the claimant got its house in order. It’s only an abuse of process if the first case remains live while the second proceeds. Having the case struck out gives finality.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

What good will the extension do them ? You still can't litigate the same case twice.

Have you sent them the ultimatum with the first claim form ?

M1

yes I sent that Friday afternoon

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

This is a copy of what I sent

Dear sir


I sent you a copy of the original claim on Tuesday which should be proof enough that this second claim you started is an abuse of process , I would like to take this opportunity to invite you to discontinue .


Failure to do so will necessitate a formal application to strike out the claim as an abuse of process, with costs.

If i have not heard back from you within 7 days i will assume you do not wish to discontinue and proceed with an application.



I await your response


Yours sincerely

xxxxx

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

That’s good. So they are on notice. Best get the wording of an app prepared, or seek legal advice.

I reckon if they received notice from solicitors acting for you, they would sort things out pretty sharpish – costs cut both ways on a fast track case. They have clear evidence now that they are in a situation where their action is an abuse of process. If you get this struck out, they would struggle to recover – you defended the first claim, so they would need the court’s permission to revive it under s37, as well as permission to be substituted as claimant. It’s also four/five years on. It’s a mess that needs nipping in the bud.

And if they withdrew and tried for a third bite, I think you‘d see them off easily.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Thanks don , I'm seeking legal advice as we speak .