Discontinued case looms again.

[Pumpytums]

Re: Discontinued case looms again.

The CPR will still be effective the fact that a DJ saw fit to strike out a similar thing will surely bolster my side.

Would "Res judicata" apply to the CPR 38.7 element? It has previously been judged and I was told to remove this they would have to appeal they never did correctly?
Thanks again

PT

[FlamingParrot]

Re: Discontinued case looms again.

What's stopping them doing this again and again until its statute barred?

I have never claimed costs this is very likely to change the next time.

Would I right in thinking that I can't sue the new owner for the OC's breach of contract/ unfair behaviour?

Should I just go after the OC using BCOBS?

No, you can't sue them, however, you can still defend if they try again. You mention the lack of DN, what about the agreement? Did they produce a copy of a properly executed agreement?

BCOBS is still largely untested and only relates to bank accounts/overdrafts, not credit cards: http://www.bsa.org.uk/publications/i...s/BCOBS_IG.htm

BCOBS applies to firms carrying out the activity of accepting deposits from banking customers in the UK, for example by providing saving and current accounts. BCOBS contains rules and guidance on:

• communications with banking customers and financial promotions;
• distance communications, including the requirements of the Distance Marketing Directive and E-commerce Directive;
• information to be communicated to banking customers, including appropriate information and statements of account;
• post sale requirements on prompt, efficient and fair service, moving accounts and lost and dormant accounts;
• unauthorised and incorrectly executed payments; and
• cancellation, including the right to cancel and the effects of cancellation.

[Pumpytums]

Re: Discontinued case looms again.

Hi FP,
the agreement was produced and seemed enforceable.

They screwed up royally when they went to court without the DN I only found out by accident. They didn't discontinue due to the lack of a DN by the way they clearly stated in their POC that one was issued. The OC did own up eventually.

Thanks

PT

[gravytrain]

Re: Discontinued case looms again.

Seems to me like they are screwed either way'

If they contend a compliant DN was issued they would be in breach of the cpr, if they are saying it wasn't issued then the agreement was not correctly terminated and the new"owner" should not be prosecuting.

[gravytrain]

Re: Discontinued case looms again.

Have you received a letter before action from the new owner ?

[leclerc]

Re: Discontinued case looms again.

No, you can't sue them, however, you can still defend if they try again. You mention the lack of DN, what about the agreement? Did they produce a copy of a properly executed agreement?

BCOBS is still largely untested and only relates to bank accounts/overdrafts, not credit cards: http://www.bsa.org.uk/publications/i...s/BCOBS_IG.htm

Sorry, FP but overdrafts are the realm of the OFT and are not covered by BCOBS whatsoever.

[FlamingParrot]

Re: Discontinued case looms again.

Sorry, FP but overdrafts are the realm of the OFT and are not covered by BCOBS whatsoever.

There is a reason why I mentioned overdrafts, It's a bit of a long story, in a nutshell, I know of someone who had a court claim for an O/D and had a defence drafted using BCOBS.

[CleverClogs]

Re: Discontinued case looms again.

I know of someone who had a court claim for an O/D and had a defence drafted using BCOBS.

If their defence had used FMOL, it might have been really interesting.

[FORCEOFONE]

Re: Discontinued case looms again.

If a defence has been exchanged and the claimant withdraws

CPR 38.7 comes into play and Res Judicata is applicable

The claimant has no chance

[Pumpytums]

Re: Discontinued case looms again.

thanks very much everyone


pt