Notice of Allocation received from court - not sure what to do now

[DonkeyB]

Whey hey! That'll teach 'em to make up their WS in Enid Blyton fashion! Top hole!

[DonkeyB]

Did they send a proper form, a Notice of Discontinuance? A letter alone is not necessarily enough. Check that the court has been notified.

 

Costs are almost certainly not recoverable, as the claim had been allocated to small claims track.

[rainbow moon]

Thanks donkey, I will post up what they have sent me in a tick, when you say not recoverable do you mean they can't claim from me or that I have to put a wasted cost order in? sorry this is my first court experience. Rainbow x

[rainbow moon]

[DonkeyB]

Cost would be recoverable if you could show that the claimant has acted unreasonably.

 

Adding in the bit about there be no order as to costs is just crap - it's not up to them.

 

Now, given that the judge sent them away to sort out what appears to be a simple issue, I would argue that any discontinuance cannot be on 'commercial' grounds.

 

Therefore it must have been because they knew their evidence was faulty. However, you hadn't, as far as I recall, specifically picked up on this element of the case. If you had, then it could be argued that their case was vexatious as they knew what the fault was.

 

So the judge, who gave you a hard time, has actually won the case for you.

 

Therefore I think getting costs is unlikely. And it was the judge wot won it. You wouldn't Adam and Eve it...

[DonkeyB]

What you have to watch out for is their coming back with a fresh claim. It's unlikely, but not unheard of. They would have to have new evidence substantially different to this case. I don't think finding the right name or company number of the OC would swing that.

[foolishgirl]

Congratulations R a i n b o w !!

 

Excellent news! Now get that wasted costs order in. Small claims or not, they have behaved unreasonably in bringing a case when their documents didn't match up (not to mention the CCA issues!)

 

It costs you nothing, a template to amend is here:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/143-wasted-costs-order-

 

Claim EVERYTHING - photocopying, postage, letter writing & research time at £9.25/hour. If you need help with the wording, shout.

 

[rainbow moon]

Thank you guys, I still can't get my head around some of the things the judge came out with re not needing dn's at all, no need for noa's etc and accepting their pathetic ws but hey we got there in the end

 

Thanks for the link foolishgirl, when I asked about costs it was mainly the court fees I was bothered about, I know I would have had to pay them if I had lost - just wondered if cohens have to pay them now that they have lost? I am perfectly happy to let the other costs go really - just glad to see the back of Cohens. I still haven't heard from the court so think a phone call to them to see what is happening or not may be the best way to go.

 

Thanks again for all your help. Rainbow x

[foolishgirl]

when I asked about costs it was mainly the court fees I was bothered about, I know I would have had to pay them if I had lost - just wondered if cohens have to pay them now that they have lost? I am perfectly happy to let the other costs go really

 

Yes, Cohens are liable for all costs. Don't let anything go! These people have given you hell, make them pay!! You can bet your sweet life they would be after you straightaway if the boot was on the other foot.

 

It's a simple process, costs you nothing but a bit of time to put the application together. If you need hlep shout...