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Please Help I'm Faced with Defence Costs


Superdryed
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Hello and thanks in advance for any help you may be able to offer. In November 2009 I wrote to Natwest bank to request a SAR as i believe that they had registered a default incorrectly against my credit file.

 

After several months Natwest had failed to fully comply with the SAR, they had produced statements of the account but documents were missing. Specifically the original credit agreement and the default notice. I sent a couple more letters requesting these documents but my requests were ignored.

 

As a result of this I started a claim for distress against them on the Money claims online website for a sum on the region of £470.

 

A defence was submitted and the case was transferred to the county court. As part of the defence, reconstituted documents of those that I had requested as part of the SAR were produced.

 

As a result of this I decided to discontinue my case before it was allocated to the small claims track. The defences solicitor advised me (verbally) that this would be in my best interests and I would not be pursued for costs by his client.

 

Some 6 weeks later the solicitor has written to me requesting costs of £3500. Which he states I am liable to pay under CPR 38.6.

 

Do I have any recourse on this matter?

 

Can I apply to have a discontinued case restarted if so how? if I achieve this will the defence costs be set aside until the claim has been allocated?

 

Does the fact that I only took the defendant to court as the failed to comply fully with my SAR act in my favour? if so howWhat will happen if I refuse to pay the costs?

 

Thanks in advance for any help.

 

Optional Information:

Province/Country relating to question : UK

Edited by Superdryed
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Hi, Superdryed,

 

I take it that the £3500 costs are just a request and have not been ordered by the court?

 

What exactly does the solicitor's letter say? Have they asked for a hearing to decide costs?

 

I would find out by phoning the court, not the solicitor, as they don't seem that honest, (now there's a surprise).

 

If there is to be a hearing on costs, attend it and give your side of the story. If you want to more aggressive, I suggest advising the lying solicitor that you are going to complain to the SRA,(Solicitor's Regulatory Association about his / her appalling behaviour if the claim for costs is not dropped. You'll need to write down the details of the conversation, time , date and what was said etc, and hope this puts them off.

 

BAE :)

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