In house Solicitors costs for filing defence?

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[GuidoT]

How much was you claim for?

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[GuidoT]

Certainly do not agree to the costs of £1,900.

 

Although I am not sure how far you are progressed through the litigation, this matter should be allocated to the small claims track and thus costs are not recoverable.

 

Pre-allocation though they may have an argument that they are entitled to costs.

 

If you file a notice of discontinuance in the absence of any agreement from the other side, you are automatically liable for the other sides legal costs, but as I say I am not sure of the position pre-allocation.

 

Is it too late to stop the discontinuance? You could join Oxendales in the action as a second defendant rather than discontinue and the matter would then be allocated to the small claims track (if it has not been allready).

 

The letter is without prejudice, as they are essentially making you an offer and as such should they are saying the letter should not be shown to a judge. They also may want to hide behind the without prejudice veil because of the £1,900.00 extortionate costs.

Edited March 12, 2009 by GuidoT

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[bazaar]

Were they chasing you on their own behalf or for this other lot?

Was a notice of assignment ever produced to you?

IMHO, it looks as though they are trying to scare you into not taking them to court. ( its basically, 'please dont take us to court, we wont charge you honest').

There are definitely some more questions needed here.

You do not have to be as reasonable as you think. If they've been chasing for an unsubstantiated debt, then they are in the wrong and need their proverbials nailing to a fence

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[bazaar]

So youve still got the letter stating they dont have a CCA?

Then its harassment for unsubstatiated as well.

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[bazaar]

I wouldnt bother with that, you need to get confirmation in writing from them who you need to put on your claim, so that you avoid any technicalities.

You may be allowed by the court to do this, (as Guidot says ) so ask and tell the court its the same address etc. but they appear to be hiding behind the name being different, which in turn is making it difficult to claim against them for the charges.

[GuidoT]

My penultimate paragraph in post 4 above had a typo, I have corrected it. Changed around the first two words so that it is a question.

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[bazaar]

You put in the claim against them, for around £900. What is outstanding on the account?

Im not too sure here, so bear with me. Would it not be best to continue your claim, with their so called subsidiary named / amended. Leave the non existent agreement for know. Then hoping you win that, if they ever tried claiming against you in the future, you have an option to counterclaim for wasted costs due to no agreement. Hit em twice

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[pompeyfaith]

CPR Direction 43-48 may help u out here

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