Another quick update, but not Hoist or PRA, this time its Cabot Financial UK Limited.
So Cabot via their appointed lawyers issue proceedings, the Claim is for two debts rolled into one, the pleadings are worst than useless, and whatever this “post Refrl Cr Nil” is about i dont know, still havent managed to work out that pleading, anyway, so two debts in one claim.
The first claim ends up getting discontinued as they had no documents whatsoever, and moreover nor did the original creditor, and there was clear written evidence showing this too. There was no hope of reconstituting, no hope of anything coming up at all. So long story short the first part gets abandoned.
The second part, well thats as hopeless as the first, the Claimant reconstituted the agreement, only problem is, it wasnt our clients, far from it, so what was said to be the agreement, well the interest rate was supposedly fixed for 6 months, on the statements it was materially different from the recon agreement, in fact many things were different.
It drove a coach and horses through the Judgment of the High Court in Carey v HSBC, clearly whatever this was, it wasnt an honest and accurate copy.
Anyway, fast forward, we now receive ………………………………….notice of discontinuance.
Moral to the story, get your papers in order before you issue, and perhaps get a lawyer who can see these issues before they arise in the course of legal action?