Car taken in error - a Civil Matter ?

[sailor sam]

The court fees are paid in advance so there should be none to pay. What fees you have already paid will be down to you depending on what you put in your letter. I take it that there are no scheduled hearings and that the 'ball is in your court' at the moment as far as the court is concerned?

[slick132]

if i understand correctly, i should write to the court and defendants with my letter of discontinuance after i recieve the payment.

 

''.. who is or is anyone liable for the courts fees/costs? ''

 

by that i meant any costs the case has incurred which possibly the court may order somebody to pay (?), because the case is now being settled out of court (and the defendant who alone is paying does not accept liability).

 

Write to the Defendants Sol'rs accepting their offer.

 

When you receive payment in full settlement, write to the court telling them you have reached a settlement with the Defendant and wish to Discontinue your claim. It would be courteous to send the Defendant's Sol'rs a copy of the letter of discontinuance.

 

Court fees are included in the settlement they are paying you.

 

Court costs will not be addressed further so each party is responsible for their own costs. In your case there are none and the Defendants will have to pay for their solicitor's time.

 

The Defendant is settling without admission of liability which is common but this has no bearing on the issue of legal costs.

 

[Anus Horribilis]

if i understand correctly, i should write to the court and defendants with my letter of discontinuance after i recieve the payment.

 

''.. who is or is anyone liable for the courts fees/costs? ''

 

by that i meant any costs the case has incurred which possibly the court may order somebody to pay (?), because the case is now being settled out of court (and the defendant who alone is paying does not accept liability).

 

The assumption is that you will meet your costs from the settlement, and the court fees are a part of your costs. You could go back and demand another £70 or whatever, but I would urge you not to. You have an offer which almost meets your initial demand, and will end this lengthy & stressful episode. Grab it, clear the funds and walk away - it's a creditable victory.