Re: Hoist Portfolio Holding v Shinybee
Maybe your SAR Request was misunderstood by Barclaycard. They must send you all data held on their database/on file from time immemorial, not just a single transcript of a phone call!
What letter did you send them and did you include the £10 statutory fee?
To answer your other question: "Discontinue" is when the Claimant decides not to continue with the proceedings usually because they realise their claim is hopeless and they'll be at risk of costs despite being in the Small Claims Track.
It's a decision made by the Claimant and not something ordered by the court such as a strike out after an Application has been made.
The general idea is to box the opponent into a legal corner as early as possible in the proceedings so that they surrender (aka Discontinue) without the need to go to Trial.
If you've filed a Defence before any Discontinuance (which you say you have done in both cases) then the Claimant cannot issue another claim based on the same or substantially the same facts including any legal arguments you raised in your Defence.
At least that's the way my firm likes to litigate
Di
Originally posted by Shinybee
View Post
What letter did you send them and did you include the £10 statutory fee?
To answer your other question: "Discontinue" is when the Claimant decides not to continue with the proceedings usually because they realise their claim is hopeless and they'll be at risk of costs despite being in the Small Claims Track.
It's a decision made by the Claimant and not something ordered by the court such as a strike out after an Application has been made.
The general idea is to box the opponent into a legal corner as early as possible in the proceedings so that they surrender (aka Discontinue) without the need to go to Trial.
If you've filed a Defence before any Discontinuance (which you say you have done in both cases) then the Claimant cannot issue another claim based on the same or substantially the same facts including any legal arguments you raised in your Defence.
At least that's the way my firm likes to litigate
Di
Comment