Help - Mum being taken to court by Link Financial.

[someone_else]

Does anyone have links to either of these cases, I've had a look but neither appear to be available to the public:

 

Van Lynn Developments Ltd v Pelias Construction Co Ltd [1968] 3 All ER 824.

Denney, Gasquet, and Metcalfe v Conklin [1913] 3 KB

 

As they are a bit more ammo for the assignment - as they state the notice needs to show with reasonable certainty that the debt has been assigned to them.

[someone_else]

Well the postman was busy this morning - first there was a big parcel of documents from Link, looks like they have rather helpfully binded all the statements together and numbered them.

 

Below that parcel was another letter from Link where they now claim to have discontinued? Rather conviently a day before the hearing so the chances are the court won't get the letter in time.

 

If they have actually truly discontinued is there a formal route to obtain costs on the Small Claims Track, I know you cannot normally obtain costs but CPR 27.14(g) allows a judge to award costs against an unreasonable party and Link were hardly being reasonable before (the bundle they have produced shows they missed every deadline, in addition to them witholding documents, contradicting themselves and changing their story with each witness statement) and that doesn't even consider the fact that we initially won 10 months ago and they applied to get judgement set aside and the hearing date has been known for nearly four months yet they wait till the last day to discontinue?

 

(Though discontinuance doesn't appear to finish off the case, as at the same time we also received a letter from Restons with regards to the MBNA account demanding money for the account where they discontinued in the court room - and that one with no notice of discontinuance was a fight to get just our costs of attending).

[gh2008]

IMHO, you must turn up at the hearing and deliver a 'bill of costs'.

You may want to check out HBOS -v- Mitchell where HBOS discontinued at the last minute and the Judge was particularly scathing towards their attitude. He awarded full costs on a indemnity basis with £15k to be paid forthwith!!

 

NGEddie produced a good LiP costs example here http://www.consumeractiongroup.co.uk/forum/legal-issues/237396-n150-assistance-needed-please-26.html you may have to hunt for it.

 

Indemnity basis is a 'punishment' for the other side and basically the costs are not examined or really checked.

 

£1k would not be unrealistic IMHO

 

To find HBOS Mitchell search for those terms and Leeds (the Court) have a read and enjoy

Edited July 30, 2010 by gh2008

[gh2008]

By discontinuing even in SCT they are liable to costs

PART 38 - DISCONTINUANCE - Ministry of Justice

[someone_else]

My mum spoke to the court on Friday and they confirmed they had received Links notice of discontinuance and that the Hearing had been delisted from Monday so there is no point us going tomorrow.

 

Reading around it looks like there are a few methods to getting costs; writing a letter, sending them an N252 or writing to the court, anyone know what the time limits are on requesting costs?

 

I've recalculated our costs this weekend and it's standing at around £750 (£75 is stationary, postage and travel costs the rest is time spend).

[vjohn82]

My mum spoke to the court on Friday and they confirmed they had received Links notice of discontinuance and that the Hearing had been delisted from Monday so there is no point us going tomorrow.

 

Reading around it looks like there are a few methods to getting costs; writing a letter, sending them an N252 or writing to the court, anyone know what the time limits are on requesting costs?

 

I've recalculated our costs this weekend and it's standing at around £750 (£75 is stationary, postage and travel costs the rest is time spend).

 

Forget claiming anywhere near £750.

 

You go the N252 route with a max. of £350/400.

 

Good luck.

[gh2008]

If you read NGEddie's thread that's got all the info and methods & letters you need. He claimed £1000 for a discontinuance just before trial and got a £500 cheque with little effort.

 

The ball park is 1/3 of the cost if you were represented. At this point the claimant would have put their costs at over £2.5k so your £750 is well within a realistic figure.

 

Mitchell in the HBOS case won nearly £20k on a £15 loan claim again discontinuance just before trial.