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Claim for costs after my ex-employer discontinued a trumped-up claim against me?


benpreece
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Hello All,

 

Serial lurker here, I have searched the forums and can't find any advice for anyone in a similar place to me, I would really like some advice please:

 

After resigning from my former employer they sent me an invoice for 'damage to company car' for approx. £2.5k, the damage, I am certain, did not exist and they offered no evidence to me so I ignored the invoice completely and the same for a follow-up letter demanding payment.

 

They then launched a county court claim against me using Money Claim Online and have been going through the process with that, they did not send me a copy of the form N180 Directions Questionnaire and today i received a Form N279 Notice of Discontinuance.

 

So assuming the process has stopped (I await formal notification from the court), can I claim back my costs? I know that Small Claims Track claims are exempt from costs but wondered if because this claim has not been given a track then it might be a possibility.

 

Basically, I feel the entire claim against me was purely to cause me stress and worry and now that they've given in, I would like to exact what little revenge i can by claiming some costs.

 

Any help would be gratefully recieved.

 

Thanks

 

BP

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And what losses do you have as a result of their actions?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi SabreSheep,

 

Basically costs of responding to their case;

 

Loads of £6.45 fees for special delivery documents.

Printing Expenses.

Time filling out docs and preparing defence.

Compensation for the stress of erroneously being taken to court?

 

Best Regards,

 

Ben

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https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38

 

you might want to explore that.

 

ALSO check with he court they have received notice of the discontinuance. Its not over until the Court tell you it is.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38

 

you might want to explore that.

 

ALSO check with he court they have received notice of the discontinuance. Its not over until the Court tell you it is.

 

In particular 38.6 (3)

 

(3) This rule does not apply to claims allocated to the small claims track.

 

Regards

 

Andy

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A claim is usually allocated to a track after the following events

 

1.Claim served , a defence has been filed claimant wishes to proceed and directions questionnaires have been completed and sent to court.

 

After directions questionnaires have been filed, the court will usually send an order out to the parties confirming what track the claim has been allocated to. If the claim has not been allocated to the small claims track, any claimant should proceed to discontinuance with caution. It is much safer to wait until the claim has been allocated to the small claims track before discontinuing, because of the automatic costs implications. CPR38.6.1

 

Given that the claim ...looking at your thread title in which you suggest the claim may be vexatious ...then you have nothing lose in trying for wasted costs....if you dont ask you dont get.

 

Regards

 

Andy

We could do with some help from you.

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Andy,

 

That's really useful advice, I do feel that the case against me was brought purely vexatiously!

 

Very much appreciated.

 

Do you know if there a standard costs letter i can send to the court that would suit my situation?

 

Best Regards,

 

Ben

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You simply write to the claimant Sols first (informally ) requesting said wasted costs and attaching your Bill...pursuant to CPR 38.6.1...now you know that the Solicitor will reject it because of CPR 38.6.3.

 

This is when you have to apply for a wasted costs order and start to tighten the screw.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-46-costs-special-cases/practice-direction-46-costs-special-cases

 

Bear in mind wasted costs orders are made against the Solicitor...not the claimant.

We could do with some help from you.

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Hi Andy,

 

Thanks once again for the information, the claim against me was brought directly by my ex-employer via the money claim online system, therefore there is no solicitor acting for them (that i am aware of), is there anything i can do regarding seeking a costs order against the claimant directly?

 

Best Regards,

 

Ben

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Hi Andy,

 

Thanks once again for the information, the claim against me was brought directly by my ex-employer via the money claim online system, therefore there is no solicitor acting for them (that i am aware of), is there anything i can do regarding seeking a costs order against the claimant directly?

 

Best Regards,

 

Ben

 

In that case ...against the claimant.

We could do with some help from you.

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