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[pt2537]

DJC,

 

I suspect they will discontinue the action and/or consent to your application. Just sit tight. Don't worry about the Pt.18 it is defective and premature, they will not respond to it. This case will work out to your advantage - of that I'm convinced.

I tend to agree there Aloysuish:)

[citizenB]

citizenB i have sent you a pm please let us know if you received it also tried to copy this pm tp PT2537 and aloysiush but unable to make it happen( got confused with all the spaces and dashes sorry).

djc

 

Hi djc. Yes, received fine thank you. I have replied.

[djc]

upon arriving home yesterday,we received a message that cope's solicitors had telephoned wishing to speak to me but they left no message or contact details and they have not tried to call today.

 

In view that we have filed a n244 application to strike out there action is it best that we just sit tight and await any development.Or shoud we telephone them. Our court hearing is scheduled for sept 8th. and we are going to telephone the court office 7 days before this hearing to ascertain if the other side have filed anything.

 

djc

[citizenB]

Oo'er.. difficult one this. I think pt has limited availability until the 20th and I am not sure where aloysiush is.

 

I would say if it is mega important then they will either try and phone again or write to you. You have a few days in hand dont you.. so hold tight at least for 24 hours , give other peeps a chance to look in on your thread and be able to advise .

[aloysiush]

Do nothing. Attend the hearing and you will succeed. The proceedings are clearly defective. I sense panic (them not you)!!

 

If they have something to say, they should put it in writing.

 

If thay do nothing and do not attend the hearing (they will probably not), you should make sure the court awards you all your expenses for attendance.

[djc]

thanks citizenB and aloysiush.

 

the sort of advice that i enjoy sit back and let the world go by.

if only all of our problems are as easily resolved

 

best wishes

djc

[djc]

hi everyone we have just been served with a NOTICE OF DISCONTINUANCE. FROM COPE'S SOLICITORS.

its addressed to the court and reads

the claimant ( defendant).

 

Discontinues all of this (claim) (counterclaim)

 

 

does this mean that they we have one but that we still have to attend court to seek an outcome of our N244 application and to get back our court costs and expenses.

 

any advice welcome

 

djc

[citizenB]

Oooh, I dont know. I hope so djc. personally, I would phone the court and confirm that this is absolutely true though.

[djc]

thanks citizenB

it surely looks encouraging.

 

we will give the court a ring on monday hopefully by then they will have updated there systems and provide up todate advice.

 

many thanks for your response.

 

djc

[aloysiush]

Sorry, I have been working and missed your post.

 

Do a letter to the sols and request payment of your court fee of £75.00. Explain if you do not receive payment before the hearing date you will attend and request an order for the £75.00 and additional expenses. If they do not pay, attend and ask for the fee and expenses for attendance. Request that the sols pay personally, if not the claimant will be ordered to pay. You will be awarded your costs-don't worry.

 

They have done what I suspected and you should see it thru.

 

You need to wait to see what happens with the judgment on the first action. Sit tight, theres is the next move.

 

good luck!

[djc]

thanks for your response aloysiush we will write to solicitors as you advise

 

once again thanks

 

djc

[djc]

We have a court date of 8th sept to hear our n244 application for an abuse of process as the claimant had previously obtained judgement.

 

at the end of last week we lost a very close member of family and the funeral is scheduled for the 8th sept. with this in mind of clashing dates we phoned the court office for guidance and received the following advice.

 

the court case had already been passed to a district judge who will rule on it.

we explained that we were expecting to be present at the hearing to ensure that all of our expenses etc.. were to be paid as we were the innocent party to this action. it was suggested that we write in explaining our circumstances and that we wanted to be present. and mark the letter urgent as they were really busy.

the court office also informed us that as the original claimants, cope's, had now filed for discontiuance, that the court was expecting me to file for further action. god knows what this is all about. any ideas onyone before we write our letter to move the court hearing date if that's possible.

 

djc

[citizenB]

Hi djc, first of all, I am sorry about your loss.

 

 

To your question, I am sorry I have absolutely no idea. I wonder if it would be worth pming aloysiush, or anydorch, supply the link to your thread/post. click on the permalink post number of your post (62 ) then click on the http link at the top of the page copy and past it to the private message. (if you knew how to do all that, my apologies)

[djc]

thank you citizenb for your kind comments as for the pming i do know how to do that but not the otherbits and peices.

 

we will just pm

 

thanks once again

 

djc

[djc]

can anyone help on post 62.

 

much appreciated

 

djc

[citizenB]

Sorry, I have had a look at other threads and for the life of me I cant see what further action the court would expect you to take. Perhaps it would be worth a further phone call to the court and ask what further action CAN you take ?.

[djc]

unfortunately we were unable to speak with the same person at the court office, of work due to work load?. have to blame all of these so called banks that cannot wait to get there hands on our money.

 

it would appear that the court are/were waiting for me to write and accept that we were not going to press for the N244 application and consequently we would lose all claim to costs and expenses etc..

 

unless we hear from someone with better advice we will write to the court on monday requesting a new date for the hearing due to bereavement within our immediate family.

djc

[citizenB]

Hi, I have asked for a mod/site helper to look in and see if they can answer that question in post 62 for you.

[MARTIN3030]

You should write a covering letter to the Court manager asking that your letter be put before the Judge as a matter of urgency-just as the Court explained to you.

Edited August 30, 2008 by MARTIN3030
court looks better than Cort.

[djc]

thanks martin3030

 

we have today dispatched covering letter to the court office, marked very urgent.already in post box.

however our fear is that this has already been taken out of our hands as the case has already been placed in front of a district judge on or before the 28 th aug.

we imagine that with the tremendous work load before the courts they are placing relatively easy cases, to may we say part timers, to reduce the load.

 

my understanding was that the government had agreed with all of the banking fraternity that they would be pateint, helpful and understanding during this time of distress affecting thousands of debt ridden consumers, after all haven't we the general public placed our good money at the disposal of all banks to ensure that they are in a position to ride out this recession at more than favourable rates caused may we add by the greed of the banks.

sorry i must stop ranting like this.

 

djc

[jonni2bad]

We have a court date of 8th sept to hear our n244 application...

 

You should write a covering letter to the Cort manager asking that your letter be put before the Judge as a matter of urgency-just as the Court explained to you.

 

...however our fear is that this has already been taken out of our hands as the case has already been placed in front of a district judge on or before the 28th aug...

 

Why would the case be dealt with earlier than the date you have already been given?

 

...sorry i must stop ranting like this...

 

Indeed.

[djc]

jonni2bad

to answer your question " why would the case be dealt with earlier than the date you have already been given".

 

during our earlier tel conversation with the court office it was indicated that not only had the case, due to be heard on the 8 th of sept. been placed before a district judge, but the court office felt it may already have been ruled upon/heard and that the judgement decision may be already in the process of being released.

 

djc

[jonni2bad]

But have you received any formal notification of anything like this?

 

If your case goes before a judge for any reason, you'll know about it in advance, rather than a court official mentioning in passing that something might have happened.

 

You need to clarify this, so speak to them and get a clear, unequivocal answer from the court - do not accept maybe or likely as an answer...

[djc]

thank you for the advice jonni2bad i will phone the court office on monday and discuss this further also by then hopefully they may be in receipt of our letter requesting a change of date for the application to be heard.

 

regards

djc

[surfaceagentx20]

On the Claimant discontinuing there should be no need to attend a court hearing and I would expect the court to vacate it.

 

It seems you were advised to attend the hearing for the sole purpose of securing your costs. Your costs are secure without having to go to court. Here's why:

 

CPR 38.6(1) says:

Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom he discontinues incurred on or before the date on which notice of discontinuance was served on him.

 

and CPR 44.12(1)(d) says:

 

Where a right to costs arises under –

(d) rule 38.6 (defendant’s right to costs where claimant discontinues),

 

a costs order will be deemed to have been made on the standard basis.

 

In other words a costs order is deemed. The rules import the existence of a costs order against the opponent right now so a costs order does not need to be sought at a hearing.

 

You may thus proceed to draw up a bill of costs and begin detailed assessment proceedings. I can assist with dealing with the procedure if required. You have 3 months from the date of service of the notice of discontinuance to begin the detailed proceedings.

 

x20