Is defendant liable for costs if DN does not comply?

[Moral Dilemma]

Arrived home this evening to find letter from claimant's solicitor.

 

"Please find enclosed, by way of service, our clients Notice of Discontinuance in respect of the current proceedings."

Edited July 17, 2009 by Moral Dilemma

[Moral Dilemma]

Letter goes on to say:

 

"Given the discontinuance, the hearing listed for 20 July 2009 will no longer proceed."

[Moral Dilemma]

Notice of Discontinuance says:

 

"The claimant has provided notice that they intend to discontinue their claim in respect of the above claim number."

[Moral Dilemma]

Day off on Monday so can ring court at 10am and find out exactly what is happening.

 

Lucky its only couple of miles away so can easily get their if need to.

 

IF they have discontinued what's my next move.

[Moral Dilemma]

MD

 

It might be a good idea to still go to the courts on Monday with all ur paper work etc and see what the courts say and advise on the day.

 

You could even write up and print of a document asking for the court usher to sign to say that the hearing was vacated and that you did attend the hearing.

 

 

In fact, Godmother, think you advise is best, will turn up with my paper work and see what they say.

[surfaceagentx20]

As for the next move, a notice of discontinuance changes everything. They've thrown the towel in and there is no need to turn up at court. The claim against you is over and the only thing to be decided is the amount of costs they should be paying to you.

 

x20

[underdog13]

Next move? Shout whooooo hoooooooo and pour yourself another celebratory drink:D

[Moral Dilemma]

I'll hold off on the celebratory drink until Monday and I get confirmation from the court that claim has been discontinued (just in case).

 

Once I have got confirmation I'll work out my costs.

 

I've seen a letter on one of threads about foregoing costs if claimant agree to marking account settled in full with CRA's and a written assurance debt will not be pursued or sold on and default removed from credit file. I may try that approach just so I can be sure this one won't come back.

[AndyOrch]

I'll hold off on the celebratory drink until Monday and I get confirmation from the court that claim has been discontinued (just in case). I would advocate that also, has been known the Court have not recieved it and you dont turn up:cool:

 

Once I have got confirmation I'll work out my costs.

 

I've seen a letter on one of threads about foregoing costs if claimant agree to marking account settled in full with CRA's and a written assurance debt will not be pursued or sold on and default removed from credit file. I may try that approach just so I can be sure this one won't come back.

 

 

Regards

 

Andy;)

[bazaar]

IMHO, I would turn up at court just in case they are pulling a fast one, youve already booked a day off for this, so it wouldnt be unreasonable to add that to your costs. I'd definitely hammer them for costs as well as getting them to stop selling on etc.

[underdog13]

I'll hold off on the celebratory drink until Monday and I get confirmation from the court that claim has been discontinued (just in case).

 

Once I have got confirmation I'll work out my costs.

 

I've seen a letter on one of threads about foregoing costs if claimant agree to marking account settled in full with CRA's and a written assurance debt will not be pursued or sold on and default removed from credit file. I may try that approach just so I can be sure this one won't come back.

Oh yes, go to court on Monday, don't trust the b*ggers an inch - but it's still looking good. Best of luck with it:)

[Moral Dilemma]

Going to court on Monday isn't going to cost anything but time (the only thing I've got plenty of at the moment). As you say Bazaar they could be pulling a fast one and would hate to think I had fought them this far and got trip up at the end.

 

As underdog13 has said "Don't trust the b*ggers an inch".

[The GodMother]

Once u get to court u wil need to speak to an usher. REMEMBER, i cant say this enought BTW, to take ALL papewrwork with u including the discontinuance letter u recieved.

[Moral Dilemma]

Been to the Court this morning and have now got a better idea of what happened (YES THEY DISCONTINUED).

 

Managed to speak to Court Manager who confirmed the following: Court had received, last Monday, my bundle of documents as evidence for the hearing (which I knew as I delivered by hand).

 

On Tuesday afternoon Court contacted by Claimant's Solicitors to say they wished to adjourn the hearing for the following Monday and that they intended to withdraw their application for Summary Judgment.

 

Court heard nothing further until they received Notice of Discontinuance from Claimant late on Thursday, at which point the hearing was vacated.

 

On Thursday the Court had problems with their computers and not all files got update correctly until late Friday morning.

 

When I rang on Friday morning the person I had spoken to could only use the information they had from Wednesday which showed on their diary as “SJ Application withdrawn. File with DDJ XXXXXX”.

 

This person obviously presumed file was with DDJ for allocation as that would be the next stage of the claim and passed this info onto me adding that due to current backlog could be four to six weeks.

 

Court Manager confirmed "Claim now recorded as DISCONTINUED".

 

As I was leaving Court Manager made the comment:

"… at times with these claims it's a case of who blinks first, with this claim it was the Claimant".

[Moral Dilemma]

Court Manger also suggested I forward to court copy of my costs, if I experience any problems getting my costs met.

[underdog13]

NOW it's time for that celebratory drink, lol:D Congrats and cheers!

[B3rty]

Great news well done..

 

As I was leaving Court Manager made the comment:

"… at times with these claims it's a case of who blinks first, with this claim it was the Claimant".

 

What a wonderful wasy to sum up how litigation works because 9 times out of 10 its the defendant

[surfaceagentx20]

I was only a few moments ago giving some tips to GoonerHenry about the recovery of costs following discontinuance on this thread. You may find it of interest.

 

x20

[Moral Dilemma]

Thanks everyone, just enjoyed an ice cold Stella (only 1 as have to be at work for six in the morning.) It went done very well.

 

x20, I've taken a look at thread you mention and downloaded copy of your Draft LIP bill, will sit down tomorrow after work and work out costs.

 

However, like GoonerHenry, I dont expect this to be the end of it…

[Moral Dilemma]

x20

 

Do I sent them a nice "following your clients discontinuance these are my costs please pay within 14 days" letter first.

 

Then if no response to that do I then send the N252

[surfaceagentx20]

The nice letter has no teeth. That's perhaps why it's 'nice'. The other side will grin to themselves and thank the Lord you've never heard of a N252 notice of commencement.

 

In my view you're better off producing your bill and sending it with a N252. That way the 21 day clock starts ticking and they'll know they're not dealing with a pushover. I just posted a draft N252 to Gooner's thread as well.

 

x20

[Moral Dilemma]

Once again, many thanks x20

[bazaar]

MD, well done, now go kick long and hard as SAX says, nice letters wont pis* them off nearly enough