andrew hart/paydayoverdraft claimform - Payday Loan Problem

[katysue]

Some good news for a Monday morning: he's discontinued. Notice received this morning. Hurrah!

[sillygirl1]

Can you post it up (minus personal details) and can you check with the court just to make sure - it has been known for the courts NOT to receive the notification of discontinuance...

 

Shows how full of hot air he is... you now need to counter claim for harrassment, wasted costs and stress.

[renegadeimp]

Yep. What Sillygirl1 said. Better to be safe than sorry.

[katysue]

I have sent it to the court myself also, just to cover all the bases!

 

It just says "1. The Claimant wishes to discontinue the claim in the above case 2. A copy of this notice has been sent to the Defendant"

[coledog]

Well done!

 

may still be worth checking out his 'solicitor' for future reference - as suggested earlier

[DonkeyB]

Wasted costs!

[coledog]

Wasted costs!

 

That should be interesting

[katysue]

Guys - do i need to do anything now the case has been discontinued, i.e. get confirmation of account closure, request to be removed from their database etc?

[citizenB]

No, I dont think so. So long as you have a copy of the discontinuance letter from either the claimant or the court.. then that is sufficient.

 

Just make sure you keep it safe !

 

Have you considered going for wasted costs as DonkeyB suggested earlier ?

 

Or perhaps you can do a deal with them.. you dont go for Wasted costs as long as they remove all your details from their data base.. I dont really know how best to go with that..

 

I am sure coledog and DB will be able to advise.

[katysue]

I was told that you couldn't claim costs if the matter was discontinues in Small Claims. Is that incorrect?

[coledog]

Believe it depends on whether or not it was allocated to a track - but others have more knowledge about this than me

[42man]

Have a read of this - http://www.consumerwiki.co.uk/index.php/Wasted_Costs

[42man]

And this too - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#IDAME0HC

[citizenB]

Just remember, if you do decide to go for these.. the LiP rate per hour is now £18.00

[katysue]

So i just need to draft up the letter and schedule and submit to the court?

[katysue]

Re: Payday Loan Problem

And this too - http://www.justice.gov.uk/courts/pro...art38#IDAME0HC

 

It says at 38.6.3 that it is not applicable to the small claims track though..

[DonkeyB]

But it wasn’t allocated a track, and may have been suitable for fast track as the issues were clearly complex (ie. the claimant would have had an awful lot of explaining to do).

[katysue]

It was allocated to a track though. I had been given a date, it was due to happen next weke.

[coledog]

It was allocated to a track though. I had been given a date, it was due to happen next weke.

 

I would check if it had been allocated to a track

 

Any bill of costs can either be sent to the claimant (with a threat of court action, which would cost him more) or applied for via the court using a N252 application

[coledog]

I suspect it was not actually allocated to a track.

 

Anyway, a substantial claim for costs may give this chap a bit of a scare!

[DonkeyB]

May well have been allocated – the order for the hearing should have said if the judge had allocated. Sometimes they do allocate without an allocation or directions hearing if they think (for whatever reason) it’s going to be simple.

 

But you can still claim wasted costs – there is some seriously heavy case law to prove this.