One for the lawyers...Discontinued before order on costs made can costs be claimed

[300]

Discontinued before order on costs made can costs be claimed if I breach one of the conditions that the bank put on agreeing to the discontinuance order. No judgement was made as the bank had made a technical error in presenting their case. The judge made it clear that if the case came back to him after an adjournment for the bank to sort out the technicality he would award costs against me (a total !) for this appearance and the the appearance following. No costs order was actually made and there was no judgement I filled a discontinuance agreeing not to send the case to the FOS. At the time I had already opened a claim and spoke on the phone with the FOS they said they could continue as long as there had been no judgement. Recently received a phone call from the FOS saying they normally did not handle cases that had been in the courts and the district judge could rule on costs against me if they proceeded. Is this the case?

Edited September 16, 2009 by 300
One over the judge swings baby;¬)

[300]

Go on, go on, go on.

[supasnooper]

As you are the claimant ......if you have filed discontinuance then you are liable for the defendants wasted costs.

 

Although I can't figure out why the Judge did not award hearing costs to you as the Bank has caused the adjournment........but Judges are........well Judges.

 

Can you clarify - have you discontinued or is the case adjourned ?

 

Please can you post up the Judges order ?

[300]

As you are the claimant ......if you have filed discontinuance then you are liable for the defendants wasted costs.

 

Although I can't figure out why the Judge did not award hearing costs to you as the Bank has caused the adjournment........but Judges are........well Judges.

 

Can you clarify - have you discontinued or is the case adjourned ?

 

Please can you post up the Judges order ?

 

Thanks. I discontinued: 'Take notice that the Claimant hereby wholly discontinues this action against the Defendant, upon the following terms: 1. The discontinuation is made in full and final settlement of any claim which the Claimant has against the Defendant, arising out of the subject matter of claim number #. 2. The Claimant undertakes not to pursue a seperate claim in relation to the subject matter of claim number # with the FOS 3. No order as to costs. 4. Date' Signed by me and their solicitors received by the court. I opened a claim with the FOS several days before signing the discontinuation notice not sure if that could be used as a spoiler also. Lots of threats and dirty looks from the judge and the occasional comment along the lines, "is this all you have"...when on one part of the PPI claim the Bank had already made an offer to settle. 300.

Edited September 4, 2009 by 300

[300]

Judges Order: 1. Relates to removing the time barred claim of the bank 2. Relates to setting aside the default judgment I got as the bank did not originally submit a defence in time. 3. 'The application to strike out/summary judgment/amend defence be adjourned to ...' 4. 'The applicant shall pay the defendant's costs thrown away at' just under £1000. 5. Judge recuses himself from the next hearing. 6.The application to combine both PPI claims allowed bizarre as the arguement was they were both time barred and materially the same, when they were not time barred and one was purely misselling on a loan PPI the other misselling and failure to pay out on unemployment PPI. 7.Costs reserved on earlier applications by the bank. 8.'All documents in this case are to be sent to the defendant's solicitors forthwith so that the pleadings and documents enclosed can be redacted.' Not sure what 8 means but smells damn funny so I have everything.

Edited September 4, 2009 by 300

[300]

I think I may have been finessed over the expenses as the judge did ask if I had any objections to the expenses. Being utterly demoralised by the judges attitude and OTT body language I said, ~"what can I say" thinking what ever I say the judge is going to grant them.

Edited September 4, 2009 by 300

[300]

Also the I included the offer of setlement letter in the court bundle and the defence also included it in their submission. The judge claimed it was perhaps an error that could be excused me but not the defence. For that reason he recused himself still why go on and award costs against me...the creature!

[300]

Thoughts, mysterons

[300]

The discontinued order is not valid according to the FOS after they took legal advice as it applies to Shabby and the underwriter was hiding behind Shabby. As my main claim is for failure to pay out even though Shabby are the appointed agents to decide the claim they are hoisted by their own smoke screen. So the FOS can adjudicate on failure to pay out on the PPI claim. What is the formula is the FOS formula is it 8% APR or compounded.