Can a claimant fake or renage on a discontinuance?

[Daleh01 1]

I received a MCOL claim from a contractor the insurance company instructed to work at my property over 4 years ago.

 

The POC stated a value only and interest from the date.

There was no LBA,

no request for any payment prior and

no details as to what this amount was for.

 

I duly contacted them and they replied to use the courts process and that they would not be corresponding further.

I then contacted the insurance company who had no idea.

 

 

they refused to engage with them other than saying it was a private matter and not related to them.

 

I acknowledged and filed a defence that I had no idea what this for as they gave no information

and that all work was under insurance and that they refused to provide me with information to prevent the case going to court.

 

I paid for SAR, consultation with a solicitor etc as whatever it is has to be insurance related.

 

After I completed the defence I received an email from them stating they received my SAR and attached was a discontinuation form

but never stated in email - just regarding the SAR see attached.

 

I have since received a notice of proposed allocation and to complete N180.

The court has no record of their discontinuance but are behind, the last document is my defence. B

 

I'm worried now that I should have completed the N180 and it may affect my claim.

 

Can anyone advise as I have already paid a lot of money and time and so can't afford another legal consultation.

 

Have I been naive by taking them at their word?

 

If so what happens next?

[citizenB 10,182]

You have not attached any documents ?

 

Please convert any scans to pdf format and ensure you remove any personal information.

 

Do you still have a copy of the discontinuance that you were sent ?

[citizenB 10,182]

I have asked those on the site team who have more knowledge of this, to look in on you. It wont be until a bit later on though.

[Daleh01 1]

Yes I have a copy it's in my email. It's an n279 form. Sorry for the confusion I have not attempted to attach here on this forum. I intended to say (badly in seems) that they emailed me regarding my SAR request and when acknowledging my SAR said see attached. The attachment was the n279 form.

 

However, I have since received the allocation notice and the court has no record of the discontinuance nor does it appear online with MCOL. The date for the N180 is today. I've never been in this position so am worried I shoykd have completed it.

[dx100uk 9,545]

well I suppose an SAR would contain the unsent N279 form

it relates to you

it doesn't mean they did, or were thinking of filing it mind...

 

 

you do mean a subject access request don't you>

[Daleh01 1]

Thank you citizenB I'm so overwhelmed by this situation and until now would never have believed it was possible to issue a claim in this way.

 

 

I'm very wary of this discontinuance but the MCOL court said that they are behind and that the allocation request was an automatic process following my intent to defend,

 

 

I just assumed I had to do nothing. However, it's been weeks and MCOL still hasn't updated saying discontinued.

[Daleh01 1]

well I suppose an SAR would contain the unsent N279 form

it relates to you

it doesn't mean they were, had, or were thinking of filing it mind...

 

 

you do mean a subject access request don't you>

 

 

Yes I asked for a SAR from the claimant when I received the claim form and the insurer in the knowledge that whatever it was for was insured.

 

 

No work was performed that was outside the insurance.

 

 

The SAR was to assist my defence when I found out whatever it was alleged.

 

 

No receipt from either on this but within 40 days (due Monday).

 

 

They emailed me a completed and signed discontinuance form which I have.

 

 

I don't need the SAR for that document I have it emailed.

[caro 4,347]

It's all very well sending you the discontinuance, but you need to find out if the court have it too.

[dx100uk 9,545]

what date is on the N279

 

 

what date is on the allocation docs

 

 

MCOL wont show disc...

it stops before that.

 

 

dx

[Daleh01 1]

As of yesterday the court have not received it but said there is a backlog. I received the email on 4th February. However the email is relating to my SAR it was just "see attached". The attached was the discontinuance. I'm worried I should have completed the N180 and that it will go against me, but if I complete and post tomorrow will only be a few days late.

[Daleh01 1]

4th February on disc. Allocation docs was 5th feb to file by 24th feb.

[Andyorch 10,508]

Submit your N180 anyway (tomorrow)...the court will catch up and halt the claim.

 

Andy

[Daleh01 1]

Thank you will complete now and post with the discontinuance. What happens if they don't file the discontinuance. I m worried it was valid only in my dropping the SAR. Ie if you drop the SAR I will discontinue as the emal says

 

Dear Mr

 

I have received your Subject Access Request and have not yet processed your cheque. See attached and inform if you wish to continue with this request. I expect a reply within a reasonable timescale.

 

Regards

 

Xxxxx

 

I replied that yes I expected compliance with the SAR within 40 days of receipt (signed 19th of January).

 

I fear they haven't filed their discontinuance. Can I use this in my defence if they haven't?

Edited February 24, 2015 by citizenB
removed name

[Andyorch 10,508]

Who said it was only valid if you dropped your DSAR?...a DSAR is a legal request and if they fail to supply you can sue them.

 

I think you need to calm down here and get things into perspective....its simply a case of the court being behind and the N180 being issued before they process the N279.

 

As you state attach a copy of the N279 and stick it on the first page and then drop it into your local county court tomorrow.

 

When you state you have checked with the court to see if they have received it...I take it you mean your local county court and not MCOL?

 

Andy

[citizenB 10,182]

If they sent you a copy of their intention to discontinue, but then didn't - then I would say yes, you could mention this if it goes further.

 

Although, I suspect it is very likely just the fact that the court is so behind - they are usually about 10 - 14 days behind with their admin.. which IMHO is quite shocking.

[Daleh01 1]

No not local court but MCOL as there has been no local court transfer, it hadn't got to that stage

and I and the claimant haven't to my knowledge completed the N180.

 

 

Their reply is a direct copy of email.

 

 

I'm worried perhaps unnecessarily that when I replied saying I wanted to proceed with the SAR

they thought stuff him I won't discontinue.

 

 

The courts are behind but it seems strange they haven't received discontinuance 20 days later.

 

 

I'm hoping its a case of catch up as you say but the courts said yesterday (MCOL) that they should have processed based

on the dates and that the backlog isn't as long. I'm taking their advice as I've never dealt with this before.

[Andyorch 10,508]

Once a defence is entered and the Notice of Proposed Allocation (N180 is sent out)...the claim is already on its way and transferred......check with your local county court.

[Daleh01 1]

Will do thanks andyorch.

 

 

I'm hoping its just an admin catch up and worrying unnecessarily when it's not catching up.

 

 

My worry is that my defence relies on the insurance company who were responsible for payment won't get involved as its a "private dispute for none insured works" .

 

 

I can't get anyone to see further that I never had uninsured works nor have the faintest idea what this 942.50 debt is for. I

[Andyorch 10,508]

Sounds like neither do they ...hence the Discontinuance....pop your N180 into your Local county court tomorrow and also give them a copy of the N o D separately as well as stapling it to page one of the DQ

[Daleh01 1]

Sounds like neither do they ...hence the Discontinuance....pop your N180 into your Local county court tomorrow and also give them a copy of the N o D separately as well as stapling it to page one of the DQ

 

Will do many thanks and once this is officially over will donate to this site who have been more useful than the sol who charged a fortune to advise send a SAR and defend saying "defend what? Need information". Thanks to you and team again. I've probably been asking MCOL not local court!

[dx100uk 9,545]

FWIW I think you are reading the email wrong.

 

 

they have copied the N179 to you to show they are discontinuing the claim

and thus, did you wish to continue the SAR as to all intent the N179 renders it unnecessary.

[Daleh01 1]

Apologies I have another question.

 

 

The claimant had not informed the court but I submitted their discontinuance which ended the claim.

 

My current question is this.

 

 

Via the SAR (which they never responded) but the insurance company did

 

 

I discovered that they sought recovery for monies for poor workmanship from the builder in December 2014.

 

 

This dispute had gone on since my claim with a lot of to and fro.

 

 

The builder disputed certain elements which is why they sued me and my wife for that value.

 

 

As part of all the to and fro they gained a reduced settlement to the insurance company as they "paid" me £1000 compensation.

Of course this wasn't ever offered or paid, it was merely a way of them reducing their liability to the insurance company under false pretences.

 

 

The insurance company solicitors stated this was their perogative and bore no relevance to the recovery

but after years of chasing money agreed to £500 off as a quick final settlement.

 

can I claim this money from the builder whom I have several letters from his solicitor and numerous emails claiming they paid me £1000 in 2011.?

 

 

I have sent a letter ignored and I intend to send a letter before action if I have a claim.

 

 

They never offered or paid in 2011 but as they have lied for 4 years and behaved so badly I feel a bit annoyed at the way they treat me.

 

 

I'f so do I need to pay a solicitor or can I deal with this myself as I have over 40 written corrospondence that references payment to me?

 

Any advice appreciated.

 

Dale

[Ganymede 2,067]

I don't understand why you think you can claim £1000 back?

[Daleh01 1]

I don't understand why you think you can claim £1000 back?

 

Good evening granymede. Thanks for your reply. Historical reasons relating to the claim and in addition the SAR shows that the insurance company stated they had to pay compensation for delays and accommodation (they flooded our home and didn't return) and the contractor lied and informed them he had paid us £1000 to cover this. He never did and continued this lie for 4 years and even used it no negotiate a lower recovery rate.

 

However, he never did offer this, although we were out of pocket and inconvenienced but I never persued back then but reading the SAR and solicitors emails he relies heavily on this being paid.

[Andyorch 10,508]

Just issue your own claim in the Small Claims Track...for said amount plus any damages suffered....using all the data you have gathered as evidence in support of your claim.

 

Andy