HBOS discontinuance request for claim

[Kafka]

There is a PC member who has received this from HBOS's solicitors, who are now trying to con people into voluntary discontinuance of stayed claims by threatening costs.
I am trying to get a copy of the letter posted.

Sign Notice of Discontinuance or face consequences Halifax/RBS

Sign Notice of Discontinuance or face consequences Halifax/RBS

I filed in court an application on behalf of my daughter which was stayed pending the test case. The lawyers for Halifax were/are Optima.
I have today received a letter from them in connection with the claim (but Halifax has now changed to Bank of Scotland) and they have basically said that "some courts have already, and of their own accord, ordered that unless the Claimant discloses reasonable grounds for continuing with its claim, the claim shall be struck out without further notice" They then go on to say " For the reasons set out above , we invite you to sign, date and return the attached Notice of Discontinuance. We will then file the Notice at court on your behalf and your claim will be struck out. In return for this, our client RBS shall not seek any costs order against you.
Do I sign this form as requested or will I risk getting an order of costs against me?
If I've posted in the wrong section please let me know.
Thanks in advance for any help
Harriet

[Kafka]

Re: HBOS discontinuance request for claim

And another one here, with the letter and a copy of the form.

HALIFAX - Re-written second claim

[natweststaffmember]

Re: HBOS discontinuance request for claim

I assume her POC made no mention of penalties?

Did her POC state just UTCCR in general or reg 5?

[Kafka]

Re: HBOS discontinuance request for claim

I am trying to get more info...

[Amethyst]

Re: HBOS discontinuance request for claim

These letters have gone out en masse and theres a number of claimants who have received them.

I'd be tempted to respond with a personal letter agreeing to drop the claim for now but reserving the right to bring a new action on the same cause of action in the future because of the narrow issues in the judgment and the uncertainty of the legal position.

So need to specify 'discontinuing claim number xxxxxx' rather than dropping the claim for the charges -

[WendyB]

Re: HBOS discontinuance request for claim

Isn't there something in CPR about not being able to bring the same cause of action once a claim has been discontinued? I seem to remember from my run-in with Bryan Carter....hang on I'll have a look.

yes here it is.....is this relevant

38.7

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –
(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

[Kafka]

Re: HBOS discontinuance request for claim

Isn't there something in CPR about not being able to bring the same cause of action once a claim has been discontinued? I seem to remember from my run-in with Bryan Carter....hang on I'll have a look.

yes here it is.....is this relevant

38.7

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –
(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

But in this case wouldn't the facts be different from the discontinued claim because the arguments would be new? That's the line that the courts are using to strike out claims without even consulting, that the old claim is dead. Unless you submitted the same POC then the claim should really be regarded as a very different claim but for the same charges.

The other thing I'd like to see from anyone agreeing to discontinue is to say they will do this providing the bank refunds the court fees that were paid in good faith for a service that the court has never provided.
If nothing else it will make the banks angry and cause them more work :¬))

[Amethyst]

Re: HBOS discontinuance request for claim

Yes exactly.

That is why rather than simply discontinuing as HAlifax would like you to, and just want to hold things up a while while the legal issues are sorted a bit, I think we should reply asking for a consent order to generally stay the claim pending further clarity to discontinue say after 6 months if you there is no further information and you want to discontinue at that point without incurring costs from HBOS.

Obviously if you just want to get out and forget reclaiming charges in the future then the forms fine as is.

If you want to continue now then you'll have to respond to HBOS saying burger orf and submit a N244 asking to amend the POCs.

[Amethyst]

Re: HBOS discontinuance request for claim

The other thing I'd like to see from anyone agreeing to discontinue is to say they will do this providing the bank refunds the court fees that were paid in good faith for a service that the court has never provided.

eh ? (sorry lost me on that totally)

[Kafka]

Re: HBOS discontinuance request for claim

:nod:
------------------------------- merged -------------------------------

eh ? (sorry lost me on that totally)

Noone is getting their court fees back and in my case I got stung for £100 allocation fee to keep the claim live, even after the waiver came in. It was never allocated and that money was taken under false pretences.

What I suggested is that if someone does decide to discontinue now, they could have fun telling the bank that they will discontinue but only if the bank agrees to refund all their court fees paid for a service that they never received. It will be interesting to see how the banks would deal with this if it could get their discontinuance and the alternative was someone fighting on. They probably won't agree but it would be fun to try and would take up more of their time.

[Amethyst]

Re: HBOS discontinuance request for claim

not sure I agree tbh Kaf. Any more time the bank has to spend on the case increases the costs risks. The claimants arent entitled to the court fees back from either the court or the bank unless they win in court. I see what you mean on the allocation q's but that would be a matter for the court rather than the bank - the claim wasnt bought against the bank because of any good faith issue from the bank to the claimant. Also specifically claims bought after the start of the waiver thats really the claimants judgment in bringing a claim in that situation where the courts werent going to do anything with it anyway so should have been aware that was the case at the time ?