Car mechanic problems!

[AndyOrch]

Partially......it does effect further litigation against 3rd parties...but also against the main defendant...I wish you would drop this idea of the credit card company and just concentrate on the defendant...your claim could have been proceeding by now if you would follow the advice.

[needadvice1]

the advice on here is mostly helpful but at times very confusing,

contradictory and incorrect (not pointing the finger at you Andy

-you've easily been the most helpful)

 

please bare with me Andy.

I am trying to remove the credit card co from this whole situation hence the amendment/discontinuance.

 

I am making mistakes

however all this is a very good learning experience and am actually quite excited in a way to go to court

(if it goes that far)

because I want to see what it is like.regarding further litigation against the main defendant,

 

how would the discontinuance route affect that?

[AndyOrch]

" litigation against the main defendant... how would the discontinuance route affect that? "

 

CPR 38.7 (b) above

 

If you hadn't added them to the particulars which I didn't advise...then we wouldn't be doing this now:-)

[needadvice1]

" litigation against the main defendant... how would the discontinuance route affect that? "

 

CPR 38.7 (b) above

 

the way I have understood this is point is as follows

 

...if I discontinue the claim against the 2nd defendant

now and in the future I decide to sue them for the same thing,

then I will need a judges permission.

 

I don't understand this point to have any relevance to the 1st defendant.

 

please correct me if I am wrong.

 

If you hadn't added them to the particulars which I didn't advise...then we wouldn't be doing this now:-)

 

Agreed!

momentary lapse of brand function!

apologies Andy.

all good learning though I must say.

I've learnt so much so far.

Many thanks for this.

[AndyOrch]

Yes that is correct......Only if the 1st defendant has submitted a defence already would you require permission.

 

CPR 38.2

 

(3) Where there is more than one defendant, the claimant may discontinue all or part of a claim against all or any of the defendants.

 

So just send the N279 to the 2nd defendant.

[needadvice1]

Yes that is correct......

 

CPR 38.2

 

(3) Where there is more than one defendant, the claimant may discontinue all or part of a claim against all or any of the defendants.

 

just send the N279 to the 2nd defendant.

 

confused again!

where did 38.2 come from?

I thought we were talking about 38.7?

 

I still don't understand how this affects the claim against the 1st defendant.

 

the above means to me that I am ABLE to discontinue the claim if I so choose.

 

I am not choosing to discontinue it against the 1st defendant, only the 2nd

 

"So just send the N279 to the 2nd defendant

."that's what I've been saying this whole time.

..hence me wondering why this was not mentioned before as the way forward rather than filing an amendment costing me £50.

 

the n279 is free and does the job aptly.

[AndyOrch]

Well we cant remember every point of law......you could always consult a Solicitor if you are unhappy with our service.

 

Be aware that the 2nd defendant could stop your discontinuance...and could sue you....so that's a further reason I advised the N244 as opposed to discontinuance.

[needadvice1]

ok understood, why would the 2nd defendant sue me and what would they sue me for?

 

help please?

 

 

thanks.

[panther12]

Wasting their time/costs in investigating / preparing the case against them.

 

Wanting the case to proceed so you can't come back at later point seeking permission to issue a new claim.

[needadvice1]

And they couldn't do this if I merely amended the claim? And as this is a claim under £5000, can they claim for wasted time?

[AndyOrch]

I assume the claim has been served now ? ...you have taken so long since the 3rd November asking so many questions...I don't think you can use an N244 and have no option but to use the Notice of discontinuance now. (N279)

[needadvice1]

i ask because I want to learn and understand what I am actually doing and why, not just blindly follow.

[AndyOrch]

Pity you didn't consider that before adding the 2nd defendants of your own accord

[needadvice1]

already accepted I made a mistake.....

 

And they couldn't do this if I merely amended the claim? And as this is a claim under £5000, can they claim for wasted time?

 

please answer so I can understand the workings of this process

[panther12]

As far as I can see the claim has not been allocated to a track

and until it is allocated you would not be covered by cpr 38.6(3) as that only applies to claims that have been allocated to small claims track and yours at this stage is trackless

 

 

- so theoretically the defendant would be entitled to any costs incurred up to the point of receiving the discontinuance if you discontinued before it was allocated to SCT

[needadvice1]

ok, even if I left them know by phone on several occasions before and after they were served?

[panther12]

Unless formal discontinuance has been filed and served then I don't think any sane defendant is going to sit back and do nothing on the say so of the claimant as they would be at risk of default judgment.

[needadvice1]

looks like they got the discontinuance the day after they acknowledged. awaiting a letter from them saying they are done with the claim. fingers crossed.also got notice today that the defendant will be defending the whole claim personally (I assume personally because he signed him name on the acknowledgement). is he able to involve lawyers later on in court?

[needadvice1]

quick update.

 

case against 2nd defendant has been discontinued and defendant has told me in writing that it is closed at their end.

 

so just the 1st and only defendant left in the mix now.

 

as of 2 days ago,

no submission by them to the courts, just the notification that they will be responding in 28 days.

 

they have around 2 weeks left to respond.

 

I'm actually quite excited about all of this! I cant be bothered to go to court but if it comes to that,

 

I think it will be quite fun in some ways.

[Conniff]

Saying 'can't be bothered to go to court' isn't the right attitude. If you lose this, it will be because you didn't attend and I can't see you getting much sympathy.

[needadvice1]

did you see the rest of the sentence??

 

 

why such negativity on here so often.

[Conniff]

Yes, I saw it and that bit shouldn't even pass through your mind. Attending is secondary "but if it comes to that". You should be keen to go especially if you think you have a good case and will win. Seeing the look on their faces when they lose will be something worth capturing and is the biggest part of the pleasure of winning.

[needadvice1]

I am keen to go if it comes to that but I don't like the fact that my time will be taken up,

 

I am quite busy especially nowadays with many different projects on

 

. if I had nothing else on,

 

I would not have an issue with it using my time.

 

btw, what does this mean...."British Courts can now hear US-Style Class Action lawsuits"its in your sig

[Conniff]

It means that if you have a lot of people with the same problem with a company/product etc;

instead of you all taking turns to go to court individually,

one person can go representing all of you.

 

Neat Huh!

[needadvice1]

yep very good, wonder if there will be a list of these anywhere.