Optima Legal request for discontinuance??

Billy_the_fish

Made a claim some years ago and finally got a reply a couple of weeks ago from 'Optima Legal'

Theyve warned me about the recent supremem court decision and request that i sign a form for discontinuance and in return they will seek no charges from me.

i still have the form with me un-signed but unsure of what to do.

total sum around £250 im claiming for.


whats the general consensus of what others are doing?

Hardship claim is a possibility as im a single parent and was at the time of the charges but is it worth the hassle?

had a search for optima but doesnt seem to bring anything to light for me so thought best i start a thread and ask.

Any info or pointes any would like to share with me then id very much appreciate it.

many thanks.

Billy_the_fish

Bump

Anyone?

esmerellda

Sorry who are Optima Legal ? (ie which bank do they act for ?)

Billy_the_fish

esmerellda wrote: »

Sorry who are Optima Legal ? (ie which bank do they act for ?)

Bank of Scotland.
would it help if i scanned my letter and uploaded it at all?

esmerellda

Nope its okay, have seen one now you've said BOS I know who they are.


The notice of discontinuance - is it actually in your name / claim number ? they have got this wrong with a lot of people lol.

Will link (but not sure if you can view it)

esmerellda

Oh and it has to be your decision - do you think you have a good case ? do you understand the rulings and new arguments ? are there specific instances of unfairness you can argue ? are you willing/able to put in a lot of work, attend court and argue against QC's and Barristers, and are you willing/able to risk having the banks costs awarded against you if you lose?

and the biggie do you know the answers to these questions ?

Unfair Terms in Consumer Contracts Regulations

1) Specify WHICH terms of the contract create an imbalance to the detriment of the Claimant and why.

Consumer Credit Act - unfair relationship

1) Specify WHICH terms of the contract create an unfair relationship to the detriment of the Claimant and why.

2) Specify what and when acts or ommissions by the Defendant are regarded to be unfair took place and by whom.

I have more questions if you want them .... lol sorry if this sounds harsh at all I dont mean it to, just as you are on point of deciding whether to continue or not in court you probably want all the questions now rather than the day before you are in court.

esmerellda

Hardship claim is a possibility as im a single parent and was at the time of the charges but is it worth the hassle?



You can withdraw (not discontinue) and try going through the FOS although as you have used part tense on hardship then unless there is something specifically unfair in your case it is unlikely the FOS will look at historical hardship