Hi everyone!!

[charitynjw]

Re: Hi everyone!!

Ok so I've worked out what the Amended order under CPR 40-12 means (I can be so dumb sometimes I amaze myself lol)

So any advice on the Allocation Questionaire? Is it really as straightforward as it seems?

Couple of things I'm unsure of though. Do I agree to mediation? I would imagine not. On the 'any other info' section, do I mention the letter received by carter last week (including a copy) stating that I've agreed to a track, when I clearly haven't as stated in the CPR letter I sent him.

I believe courts are pretty pro mediation nowadays, so if it were me I would say yes - remember that the meeting/process should be 'without prejudice', & you can ask for whatever you want (as long as it's legal, & unfortunately, especially as it is BC, physically possible, lol!)

[rees1970]

Re: Hi everyone!!

I've just received a letter from BC with a copy of Notice of Discontinuance forwarded to the court!!!!!!!!!!!!!!!!!!!!

[WendyB]

Re: Hi everyone!!

What did I tell you??? I was going to post last night saying it wouldn't get to mediation as BC would more than likely discontinue. And he has


RESULT!!!!!

[rees1970]

Re: Hi everyone!!

Thank you Wendy for all your help. Don't understand though how the creditors name on this notice is Arrow Global Guernsey Ltd, when my creditor was Phoenix Recoveries! strange!

Am I now in a possition to claim unfair costs, or is it now too late?

[CleverClogs]

Re: Hi everyone!!

No, as the oaf left it so late to discontinue the action.

It might be interesting to find just who now owns the alleged debt.

[WendyB]

Re: Hi everyone!!

Thank you Wendy for all your help. Don't understand though how the creditors name on this notice is Arrow Global Guernsey Ltd, when my creditor was Phoenix Recoveries! strange!

Am I now in a possition to claim unfair costs, or is it now too late?

I have no idea regarding the different names. I personally wouldn't bother with unfair costs, unless it's stacks of money and you have a real prospect of succeeding.

No, as the oaf left it so late to discontinue the action.

It might be interesting to find just who now owns the alleged debt.

Yes, it might be interesting, but as it's SB anyway, why bother? I'd let sleeping dogs lie.

[rees1970]

Re: Hi everyone!!

I assumed that under CPR 38.6 Liability for costs, I would be able to claim cost, or does this not apply in this case.

I've also read somewhere, (can't remember where though) that I should send a form N252 - Notice of commencement of assessment of bill of cost.
------------------------------- merged -------------------------------
It's not stacks of money Wendy, but with the set asside fee included, my costs have amounted to more than the actual debt before it went to court, not including time spent.

[CleverClogs]

Re: Hi everyone!!

About finding out who now owns the alleged debt:
Yes, it might be interesting, but as it's SB anyway, why bother? I'd let sleeping dogs lie.

I cannot agree, as the original Particulars of Claim stated it was for the price of goods sold and delivered between 30/09/2004 and 29/09/2009 - at dates when rees could prove that she no longer lived at that address and hence could not have incurred the alleged debt.

For Barmpot Carter even to have started the action in the first place suggests negligence, as rees would have told Carters that she had not and could not have run up the debt. After the summons was wrongly served, rees was able to get it set aside, which cost her money. For Carters, the action of suing again was probably automatic, requiring rather less conscious thought than that which their office cat puts into licking its smelly bits. Likewise, their decision not to disclose any documents to rees was probably nothing more than a conditioned reflex, uttered in much the same way that some children instinctively refuse before they have even heard what is being asked of them.

At some point, someone at Carters realised that they would lose were the claim to go to court and that costs would be awarded against them. It could have been when Carters finally understood that the claim would be defended and that, against a defence of alibi, they really had no case at all. Alternatively, Carters could have dropped the case upon having been informed by the creditors that they had assigned the alleged debt to Mucky Hall, from whom rees has already received one or two letters.

Given the standards of diligence and professionalism usually displayed by Barmpot Carter, it is probably too much to expect of them to have informed any new owner of the alleged debt that it could not have been due from rees and, if the debt has been assigned to Mucky Hall, they'll start being unpleasant quite soon.

Another reason to find out if the alleged debt had been assigned to another company would be to get the facts straight for the complaint I hope rees will soon make to the Solicitors' Regulatory Authority, as it is about time Carters were told to behave themselves, even if they escape direct censure or a few smacked botties.

[WendyB]

Re: Hi everyone!!

I assumed that under CPR 38.6 Liability for costs, I would be able to claim cost, or does this not apply in this case.

I've also read somewhere, (can't remember where though) that I should send a form N252 - Notice of commencement of assessment of bill of cost.
------------------------------- merged -------------------------------
It's not stacks of money Wendy, but with the set asside fee included, my costs have amounted to more than the actual debt before it went to court, not including time spent.

Well in that case, if it's possible, then go for it, as long as it's not going to cost you any more money. Sorry, but I know sod all about claiming wasted costs, not something I've ever done.

With regards to who owns the debt, if you feel the need to find out, then there's no harm in it. Just depends how much more time and effort you want to put into something which may or may not rear it's head again in the future.

[rees1970]

Re: Hi everyone!!

I know nothing about it either Wendy, just something I read. It's just a pain being taken to court for a debt that you don't have, and having to pay for the privilege. Someone would have to advise me how to go about it though!

As for finding out who owns the debt, yes it would be interesting, but can they really come after you again for a debt that's been discontinued in court?

How do I get the CCJ removed from my credit files, or will that already have been done automatically?

[CleverClogs]

Re: Hi everyone!!

As for finding out who owns the debt, yes it would be interesting, but can they really come after you again for a debt that's been discontinued in court?

Another creditor certainly could, if the debt had been assigned to another company.

I appreciate that you do not owe this money but that has not yet been established in court.

How do I get the CCJ removed from my credit files, or will that already have been done automatically?

It should have been done automatically, as the action of setting aside the CCJ has the effect of rescinding the CCJ as if it had never been made.

[rees1970]

Re: Hi everyone!!

I rang the court today, and they've confirmed that they've received the notice of discontinuance from BC. They also rang BC yesterday to complain that the claimant name was wrong/different on the notice, and they've promised to forward a new one. Idiots!!!