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****DISCONTINUED***** Small Claims Track - Lowell

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  • #31
    Re: ****DISCONTINUED***** Small Claims Track - Lowell

    worth keeping hold just for now
    Originally posted by oddball View Post
    Funny you should mention that, I was going to ask if this could be restarted again at a later date only I was thinking about throwing away all the Court stuff, defence and Witness statements - should I keep them then?
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.
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    • #32
      Re: ****DISCONTINUED***** Small Claims Track - Lowell

      Originally posted by oddball View Post
      I was going to ask if this could be restarted again at a later date only I was thinking about throwing away all the Court stuff, defence and Witness statements - should I keep them then?
      If a claim has been Discontinued by the Claimant then they (or any assignee) cannot issue fresh proceedings based on the same or substantially the same facts without making an Application to the court for permission if the Defendant has/had filed a Defence.

      Crucially, the Claimant (or any assignee) cannot issue fresh proceedings (without permission of the court) based on any facts/legal issues which you raised in your Defence even if they weren't raised in their POC.

      Keep your paper file safe, and your Defence document even safer

      Well done on getting the claim Discontinued!

      Di
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      • #33
        Re: ****DISCONTINUED***** Small Claims Track - Lowell

        Thank you for your responses.
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