Another day passes and another notice of discontinuance arrives. This most recent notice was as a result to a strike out application which was made after it became clear that not only did the Claimant not have any idea who the original creditor was, their pleaded case was soo incoherent and so poorly pleaded that it was simply in-capable of ever being proven in Court.
The case was pleaded that the client entered into an “Opus” account in 1998, first mistake, Opus werent issuing these cards back then. Secondly, whatever this card was, it is clear that the pleaded case made no mention of the chain of assignment that took it from the original creditor through to the current claimant.
Now you would have thought with a firm like Restons on the other side they would have realised, but you would have thought wrong!!!!!!!
Anyway, a request for discovery was made per CPR 31, it was met with the most bonkers reply i have ever seen, basically it said the client must have had the documents when the account was opened so they should check their records????? WTF How is this possible i asked myself, it was a simple case of how can you have something which never existed in the first place????? anyway, they wouldnt disclose so after looking at the whole picture, we decided that this sick puppy should be put down with a swift application under CPR 3. In fact the case was soo shockingly bad, i managed to get in each limb of CPR 3.4(2) in my application!!!
Anyway, they have now abandoned the case, but i cant help thinking there will be more of this type of case out there begging for the same treatment…………….