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How do you pull out of a court case?


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My partner is due to have a case heard in September and has reached the stage where they have sent the forms for the pre trial check list.

We no longer want to continue fighting this case. We were successful in the last case and the other side withdrew but this one is more complicated and to be honest we have got to the stage where we have already lost our home and having nothing else to lose so really dont need the stress the case will bring.

 

I assume we write to the other side stating our intention to withdraw, do we also write to the court?

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You serve a notice of discontinuance on the court and the other side - you are then liable for the other sides costs up to discontinuance. They will also get a judgment against you.

 

Are you sure that you want to discontinue - what is the case about - you may be able to do a deal with the other side...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Istlifeline

crickey young man why give way at such an early hour you have until sept which is just the ammount of time needed to use this old forum of ours and get yourself equipped the advice that you are seeking.

 

as I,ve got no money has said get the facts of the case down and ensure that it is all down and let us see if we can rise to the challenge.

 

djc

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Thanks for the replies, here is a link to the case.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/155634-coming-unstuck-need-help.htmle

 

Thje situation is that they had not provided the agreement when the case started and we entered a defence on these grounds. They then provided the CCA which looks as if it meets the prescribed terms.

 

Even if they will get a judgement against us whats the worst that can happen. We no longer own our own home and have more going out a month than coming in at the moment. I really dont want the stress of fighting this, I know its a cop out but the worry of the final week leading up to the last court case (which we were defending) was hellish and I felt we were on stronger ground with that one, (the other side discontinued n that case) I dont feel able to go through the strain again.

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Istlifeline

 

we see that the weather is always wet in your part of the country, but the football is great.

 

being serious now if that you find attending court is extremely stressfull have you considered asking for help. I.E. requesting if thier is a person that is close to you that is prepared to attend court with you and help share some of your discomfort and anxiety.

just a thought for you to consider.

 

djc

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The worst that can happen is that you will get a CCJ . I think you are then asked how much you can afford to pay and the judge then makes the award.........I think

 

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Thanks djc and Notts.

The problem is that its not my case, its my other halfs and he dosnt have a clue! Its me thats been doing all the reading up on here and it was me that talked him into letting me fight the 2 cases.

The first one I thought I could handle, it was a case of the agreement not being valid and even though I had read and read everything I could find on here and PT had helped me with a fantastic defence, I was still terrified when the date came near. I had tried to get a court buddy without much success but technically Im other halfs court buddy anyway. The other side pulled out in that case and I cant tell you how relieved I was.

I feel we are on shakey ground with this one and to be honest another CCJ wont really make any difference. They cant take what we dont have.

Edited by 1stlifeline
Missed bit out
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Istlifeline

 

the only problem with ccj's is they are on your file for 6 years and will remain a pain in the posterior until they are satisfied.

 

you leave me with the impression that you are one of lifes fighters and intelligent too boot. try and look upon this as an exercise and just one of lifes great journeys of discovery and learning. you will be surprised at your accomplishment remember you have already gained your first colours by winning your first encounter. so let us just see what one of our great legal eagles can provide for you.

 

please keep posting you will gain strength.

 

god bless

 

djc

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1stlifeline, your link above goes directly to the forum index, here is the correct link and I have also amended your one.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/155634-coming-unstuck-need-help.html

 

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