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

BAILIFFCHASER

This means you owe then nowt !!! As there is no consumer credit agreement to show in court they have a baseless allegation against you. If they have defaulted you etc then you can demand to have that removed and also you can demand compensation off them for the distress and suffering caused !!!!

skylight

BAILIFFCHASER wrote: »

This means you owe then nowt !!! As there is no consumer credit agreement to show in court they have a baseless allegation against you. If they have defaulted you etc then you can demand to have that removed and also you can demand compensation off them for the distress and suffering caused !!!!

Thats just it Baliffchaser - there IS a signed agreement. They produced one to show the court - they just did not send one to me when I asked for it last year (twice) when I quoted the consumer credit thingie. They only produced it in evidence in the court documents they sent to me.

I am not going to argue with them about it - I will not turn away a gift horse, but I would love to know exactly why they discontinued everything.

rog2

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.

Hi Charlotte - you need to do absolutely NOTHING. The letter states that no further action will be taken against you in respect of the amount claimed, and court proceedings have been withdrawn.
If you want to set your mind at rest, just contact the court, quoting the case number and they should be able to confirm this.
Just keep the letter in case some 'chancer' picks up on this 'debt' later on.

skylight

Found this on the DCA.gov.uk website!

Discontinuance and subsequent proceedings

---

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



So they cannot make another claim against me without the courts permission first. I will keep the letter incase someone tried to pick up the debt.

*If* they sell the debt on, can someone go through all this process again??? If I were to ask someone else for the credit agreement, they can supply it and could take me to court etc.

Or am I worrying too much and just forget about it?

(Me? A control freak!! I like to know EXACTLY whats happening/going to happen/has happened!!)


And BIG thanks to everyone who has had the patience with me on this thread!

tomterm8

*If* they sell the debt on, can someone go through all this process again??? If I were to ask someone else for the credit agreement, they can supply it and could take me to court etc.

Or am I worrying too much and just forget about it?


[/QUOTE]

The point is that the original creditor has commited a criminal offence by not responding to the CCA request in time. If they were to sell the debt on at any point, you have a perfect legal right to sue them and to complain to the FSA / OFT / Data Protection Ombudsman etc which might result in them losing their credit license.

Plus the court would be VERY unlikely to allow them to put the case to judgement again.

You've won.

Keep all information, but forget about it.

skylight

Another CCJ! Another Company

So this time its Empire Stores. In January they sent me court papers (via the online company) and I replied online, defending my case. Basically the same as Hyundai - they did not send the CCA request when asked TWICE last year. (This time, I KNOW there is no CCA!)

Anyway, the letter from the courts acknowledging the defence states:

"after that period, he claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay".
(The period after defence is 28 days and I have not heard from Empire or their solicitors since my defence in Jan 07).

1. What is a stay??
2. Should I write to their solicitors asking whats going on - cos I would like it in writing.


I cannot use the online log in details. I have lost them (yes, I know!!!!) so I have no idea what is happening with this one.

tomterm8

charlotte664 wrote: »

Another CCJ! Another Company

So this time its Empire Stores. In January they sent me court papers (via the online company) and I replied online, defending my case. Basically the same as Hyundai - they did not send the CCA request when asked TWICE last year. (This time, I KNOW there is no CCA!)

Anyway, the letter from the courts acknowledging the defence states:

"after that period, he claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay".
(The period after defence is 28 days and I have not heard from Empire or their solicitors since my defence in Jan 07).

1. What is a stay??
2. Should I write to their solicitors asking whats going on - cos I would like it in writing.


I cannot use the online log in details. I have lost them (yes, I know!!!!) so I have no idea what is happening with this one.

A stay means that the court suspending the enforcement of the CCJ or judgement until the claimant does whatever the court ordered (probably respond to your defence).