CCJ - Claim Discontinued???? UPDATE! See new post

skylight

Quick question.

As some of you may know, I was being taken to court last week by Hyundai Car Finance. On several occasions I had requested under the consumer credit thingie a copy of the signed agreement. They never bothered to send it to me, but submitted a copy to the court in their case. (I stupidly never sent the requests by recorded or otherwise as going through a dense time then!)

Was not able to go to court (new baby and sick kids last week) so sent a letter instead (copy below from another thread!!)

http://forums.moneysavingexpert.com/showthread.html?t=413212

Anyhow - I recieved a letter this morning from Hyundai's solicitors, a C.C. copy they had sent to the court.

"With reference to the above action we would request that the claim be discontinued. I would confirm that a copy of this letter has been sent to the defendants (s). Could you also please vacate the hearing (if shown above)"


The letter was dated the 3rd April and the court hearing was the 29th March, so surley the court would have made a decsion on the day and its now out of hyundai's hands??

Also, it does not explain why the claim was discontinued?? What happens next? Do they mean they are not going to chase me at all? Or just not on this occasion (and charge me court costs again in a few months time!!)??

I am thinking of writing to Hyundai and offering them the payment directly (I do owe them the money) but asking them to remove the charges and court fees (only a few hundred pounds).

What do you guys think?????????

OberonSH

Why not bob them a letter asking them to clarify their position in light of this letter (a posh way of saying 'I don't understand!!!') I'd also ask the court's advice, as they must come across this sort of thing

rog2

Hi Charlotte - It looks promising, that HYUNDAI CF have sent that letter, but don't get 'lulled' into making them any offers of payment until you have received full clarification on the contents of that letter. It MAY be a cleverly worded trap. :beer:

OberonSH

On the face of it, it looks like they're backing down. Ask them for clarification

skylight

I am just a little worried that they wont chase me for years, then suddenly come back and bite my butt when I least expect it!

I am drafting a letter now to Hyundai for clarification - with no mention of offers of payment!!!

Thanks!!

skylight

Recieved further correspondence today - simply:

The Notice of Dicontinuance was filed at court to confirm that our client has taken the decision to withdraw the proceedings against you and take no further action in respect of the sum claimed.


So - Can I ignore this one? I assume that they will come back to me in the future and try to re-claim again perhaps??

I think that I shall keep all correspondence (obviously!) and do nothing unless they contact me in future years - I just need to be aware that they may well do so.

tomterm8

Check your credit file. If it has any negative marks against you (defaults, arrears etc), ask them to remove these records.

skylight

tomterm8 wrote: »

Check your credit file. If it has any negative marks against you (defaults, arrears etc), ask them to remove these records.

To be honest, I have so many defaults that removing one will make no difference whatsoever to my credit record!


I am happy to make regular payments, but they will be small. If they are not going to chase me, I wont make an offer of payment and keep the money until such a date that they do! (Or in a better position).

brainfreeze

charlotte664 wrote: »

Recieved further correspondence today - simply:

The Notice of Dicontinuance was filed at court to confirm that our client has taken the decision to withdraw the proceedings against you and take no further action in respect of the sum claimed.


So - Can I ignore this one? I assume that they will come back to me in the future and try to re-claim again perhaps??

I think that I shall keep all correspondence (obviously!) and do nothing unless they contact me in future years - I just need to be aware that they may well do so.

I would write back to the solicitors, thank them for replying but put something like;

In order that I can be clear on this matter would you please clarify in plain English the exact meaning of your statement "The Notice of Dicontinuance was filed at court to confirm that our client has taken the decision to withdraw the proceedings against you and take no further action in respect of the sum claimed." My understanding of this is that your client has withdrawn the court case against me and is no longer intending to pursue any outstanding debt, ie there is no longer any continuing requirement on my part to make payments, or agreements to pay, your client in respect of agreement no. xxxxxxx and that your client considers any liability on my part under this agreement to be cleared in full. I am sure you will appreciate that I am keen to be clear on this matter and ensure that no future misunderstandings arise in relation to any possible misinterpretation of this statement.

Or something like that;) Make sure you detail the agreement number and ask for a response in writing by return.

Good luck and let us know how you get on.

Ps....congratulations on the birth of your daughter:T

skylight

Something like that?? Exactly like that methinks!! Its perfect!

Writing letter now....................

(And thanks about the baby - we called her Ruby, cos she was bright red when she came out!)

brainfreeze

Wow...don't think I've ever written a 'perfect' letter before:rotfl:

Glad to have been of some help.

Solicitors really iritate me.....why can't they write in plain English. I appreciate that they have to write some things in legal gobbledegook....but why can they then not break that down and explain it in good old plain English