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

[Diggs]

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

The claim number is on the letter from JS

[Amethyst]

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

Grr they are just being obtuse really.

You're not the only one who's had a pain in the bum with this btw, flipsome had similar issue http://www.legalbeagles.info/forums/...293#post499293

[Don Quixote]

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

So what’s the consensus on the best way forward? My view is that the application must be opposed with a request for strike out.

[pt2537]

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

cross apply to strike out their claim, the application is bullshyte to be honest, it has no merit when you consider the claim is already dead.

[Don Quixote]

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

Thanks Paul. Will that require an N244 in addition to the WS, or would it be considered by the court within the opposing WS?

Apologies for my ignorance of procedure...

[mystery1]

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

Nothing needs done in relation to the relief from snactions because it does not matter whether they get it or not. The case is an abuse of process.

Unlike Paul, I'd send them a scan of the claim form and invite them discontinue which saves an application and associated costs if they do or lets a judge know what kind of people they are which will be helpful when it comes to costs if an actual application is needed. For Paul an application is simple but for LIPs not so much.

M1

[Don Quixote]

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

Yes, at present it is an abuse of process. But unless nipped in the bud, I think they could withdraw from this claim, and make an apllication to be substituted as claimant on the existing stayed claim. And have an extra 60 days to cobble together documents that the wrong judge might let through.

WIth 12k at stake, I’d be fighting back sharpish.

[mystery1]

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

If they get relief from sanctions it only applies to this claim for the order which struck the case out. The original claim is stayed so they wouldn't need relief from sanctions for that.

The original claim should be booted on the basis they don't have documents after so long. That application should be made asap after this one is discontinued.

M1

[Diggs]

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

Nothing needs done in relation to the relief from snactions because it does not matter whether they get it or not. The case is an abuse of process.

Unlike Paul, I'd send them a scan of the claim form and invite them discontinue which saves an application and associated costs if they do or lets a judge know what kind of people they are which will be helpful when it comes to costs if an actual application is needed. For Paul an application is simple but for LIPs not so much.

M1

I sent a copy of the original claim on Monday by email , should I now invite them to discontinue , is there a special procedure for that .

[mystery1]

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

I sent a copy of the original claim on Monday by email , should I now invite them to discontinue , is there a special procedure for that .

Phone, letter, email etc

I'd phone and follow up with email confirmation of the call in case evidence is required later.

M1

[Diggs]

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

Thanks
I'm a chicken though lol , I'll send an email .

[Diggs]

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

Will something like this do

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 .


I await your response
Yours sincerely

[mystery1]

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

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.

M1

[Diggs]

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

Thanks for that

[Diggs]

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

:tinysmile_cry_t::tinysmile_cry_t: They were given a 60 day extension , copy coming soon