Ok thanks Andy - simple as that!

Hi all, I received a claim form from MIL Collections relating to a private land parking notice I was issued a few years back. I submitted my defence and had been assigned a hearing date for end of May. I needed to prepare my witness statements for this week to be delivered to the claimant and the court. However today I received a N279 Notice of Discontinuance from the claimant. Now I understand that this means that the claim is over (and I essentially won). But I also have read that I can claim my costs - however this is where I become a little unclear. I have read the Civil Procedure Rules and can see rule 38.6 which relates to this: Rule 38.6 (1) states “Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant” Rule 38.6(4) adds that the rule above does not apply to claims allocated to the small claims track. So from my understanding, because my claim had been assigned a track and had been given a hearing date, I cannot claim any costs? Any help clearing up my next steps would be great. Thanks!

Hi andy, Actually, the last 5 months nothing has really happened. Everything has been extremely slow. Yes, as far as I can tell. The vacated notice reads: 'As the hearing fee in this case has not been paid the hearing listed for XXXXXXX has been vacated.' Thanks!

Hi all, Just an update with this. I had applied for a strike out, which never got me anywhere. A court date was set with the amended particulars and my amended defence. However, the court fee was not paid and I have received a 'hearing has been vacated' noticed. Should I apply for a strike out now? I actually got a notice of change of solicitors last week too - Bryan Carter will no longer be overseeing the case, it will be Lowell Solicitors. Not sure if that means anything. Thanks!

Thanks for the advice andyorch - I sent the form end of last week. They however returned it today as I had not attached a £50 cheque with the N244. I presume I will have to pay this £50 fee to make my application. They only mention that they accept cheque, however I do not own a cheque book. Will a postal order suffice?

Thanks for your input andyorch - I have updated response 3 (What order are you asking the court to make and why?) to read the following: Pursuant to CPR 23, I wish to make an application to discharge the order on the grounds that the claimant has failed to provide me with the amended particulars. I believe sanctions should be imposed against the claimant, or strike out the claimant's claim for failing to comply with the courts directions.

Hi andyorch, I have attached the PDF here. Thanks!

Thanks for that andyorch. I cannot find within the CPR whether I should also send a copy of my discharge application to the claimant as well? Should I? Thanks,

Hi andyorch, Did you have chance to find the relevant CPR to my case? Thanks,

Thanks Andy!

Ok - that sounds fair. Would you have a template for either? If not, I'm presuming that it would be something like: "I wish to make an application discharge the order on the grounds that the claimant has failed to serve a copy of the amended particulars" Thanks!

I've not actually been sent a copy andyorch. The letter that was sent today only contained the General Form of Judgement or Order.

That's fair enough. I copied the process from someone else's thread who was going through similar circumstances. I know better now at least. So my next steps would be to compose a new defence? Would the defence I sent below not suffice? As stated before, I've not actually received anything from the claimant yet in terms of CCA, etc. I appreciate your help andyorch.

Hi, I have today received a letter from the court (15 months after sending off my draft order for directions which I have included below). To give you some more context, I have heard nothing from neither the courts nor the claimant since sending my draft order directions. The letter I received today is below: General Form of Judgement or Order Time-limits run from the date on which this order was drawn up by HM Courts & Tribunal Service. UPON READING the defence and amended particulars of claim: THE COURT DIRECTS of its own initiative that: 1. The particulars of claim stand amended in accordance with the draft attached; 2. The defendant deliver an amended defence to the court within 3 weeks; 3. Either party may apply by letter within 14 days for this order to be varied or discharged. The letter is dated 20th October. I'm not entirely sure what this means, or why it has suddenly been bought up again now. Any help on what I should do next be greatly appreciated, as I really don't understand what this latest letter is requesting. Draft Order for Directions The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: o Copies of the Credit Agreement and any documents referred to within it which complies with the consumer credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon. o Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended, o Document, contract or deed of assignment o Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925. o Copies of any statement or other document relied upon If the Claimant fails to comply with this order, the claim will be struck out without further order. The Defendant shall within 14 days thereafter file and serve the following o An amended defence sufficiently particularised in response to the documents supplied by the claimant. If the Defendant fails to comply with this order, the Defence will be struck out without further order. MY ORIGINAL DEFENCE: 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2.The claim is denied with regards to an amount due under an agreement.The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 3. I am unaware of any legal assignment the claimant refers to within its particulars . I have no knowledge of who the claimant is nor ever been approached since the alleged assignment of over 3 years ago up until receipt if this claim. On receipt of this claim I requested information pertaining to this claim from Lowell's by way of a CPR 31.14 and a section 78 request. I have yet to receive response regarding either. Therefore with the courts permission the Claimant is put to strict proof to: (a) show and disclose how the Defendant has entered into an agreement, and (b) show and disclose how the Claimant has reached the amount claimed for, © show how the agreement was legally terminated to allow the claimant relief, (d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. 6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

So I decided to go down a different route with this lot... It turns out I had 18+ loans total, paying around £4,000 total in interest. So 10 weeks ago I contacted Wonga regarding irresponsible lending. This week I received a response back saying they are offering me around £1500 for 7 of the loans total interest, and if I accept this it will be a full and final settlement to resolve the complaint. I have now forwarded this case to the FOS as I believe I should push for the full amount of interest owed, plus 8% and compensation, as well as the removal of any CRA entries. Am I being stupid pushing on with this? I have yet to hear from the FOS but they say it can take up to 2 weeks. Any thoughts would be great!