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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Claimant wishes to discontinue..if I agree no costs?


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Either to discontinue the claim or withdraw it by consent...providing you agree to a no costs settlement. (you wont claim any costs...not that you could if its a small claims case)

 

Andy

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Either to discontinue the claim or withdraw it by consent...providing you agree to a no costs settlement. (you wont claim any costs...not that you could if its a small claims case)

 

Andy

It was fast track, we got to the stage of exchanging witness statements, but they were not ready, they said they are dropping the case.

Thanks Andy

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thank you
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If its fast track then you may be able to claim costs if they drop it.

 

You have two choices.

 

1. Agree and claim is dropped and no costs claimed by either side.

 

2. Say No, and they may either continue (although we assume you are confident of winning, and getting costs) or they may discontinue it without your consent and in this scenario you could claim costs.

 

So its a bit of a gamble between 1. It all ends or 2. Risk that you could possibly loose, plus some people may want it to end anyway just to save the hassle.

 

Possible third option, you agree to discontinue but for £XX amount, you could then haggle/ping pong letters back n forth till you agree on amount.

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If its fast track then you may be able to claim costs if they drop it.

 

You have two choices.

 

1. Agree and claim is dropped and no costs claimed by either side.

 

2. Say No, and they may either continue (although we assume you are confident of winning, and getting costs) or they may discontinue it without your consent and in this scenario you could claim costs.

 

So its a bit of a gamble between 1. It all ends or 2. Risk that you could possibly loose, plus some people may want it to end anyway just to save the hassle.

 

Possible third option, you agree to discontinue but for £XX amount, you could then haggle/ping pong letters back n forth till you agree on amount.

Thank you Andy,

I said I will consider it but I want the entry removed from my credit file in order to agree.

Can I let you know what happens if I come back to this thread again or do I start a new thread?

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Keep this thread updated rather than start a new one :)

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Everything was in writing until now, when I rang them to see if they were ready to exchange witness statements because I wasn't going to let them see mine first if I could help it.

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Thread moved to Financial Legal Issues and thread title amended.

 

Andy

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If you are a LiP its acceptable to put down a few hours of research, etc at LiP rate £18/£19 whatever it is, at my case (which would of been small track but I put in strike out claim which as allocation hadnt at that stage occurred was treated as fast track), I put in claim for about £600 costs, Judge said that 2/3rds rule applied (where a LiP can only claim max 2/3rds of what solicitor would of charged), she said that a solicitor would of charged 2 hours at £200 = £400, so I got about £300, I listed quite a few hours research etc

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If you are a LiP its acceptable to put down a few hours of research, etc at LiP rate £18/£19 whatever it is, at my case (which would of been small track but I put in strike out claim which as allocation hadnt at that stage occurred was treated as fast track), I put in claim for about £600 costs, Judge said that 2/3rds rule applied (where a LiP can only claim max 2/3rds of what solicitor would of charged), she said that a solicitor would of charged 2 hours at £200 = £400, so I got about £300, I listed quite a few hours research etc

 

Andy, thank you,

I have done a great amount of research over the past 6 months since this started, this site has been really helpful in guiding me too.

Will take this on board. When it is done I hope I can give information which might help others.

Small donation going in.

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So are you going to proceed to trial or accept the discontinuance and try for costs?

 

Andy

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So are you going to proceed to trial or accept the discontinuance and try for costs?

 

Andy

 

Not sure yet Andy, have to wait until they come across with their proposed terms in writing, have only discussed it with their solicitors so far.

They may have a problem in removing the CR entry, that would mean admission that the DC put it on there.

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Legislation for costs on Discontinuance on the Fast Track is covered in CPR 38.6

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.6

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But does AndyOrchs link to CPR 38.6 actually relate to WASTED costs, I thought that the definition for Wasted costs was something a bit different ? See here > http://www.lawgazette.co.uk/news/making-a-case-for-wasted-costs-claims-for-wasted-costs-present-the-courts-with-the-problem-of-balancing-the-public-interest-against-the-professions-reputation/19498.fullarticle

 

Its where the Solicitor acts unreasonably, simply decided to discontinue a case isnt Wasted costs, its snormal costs ?, I know that in the ACS Law case the defendants went for Wasted costs as the solicitor who was also in this case the joint claimant made a complete cock up of everything.

 

In any event when claiming for costs I use the proper form N620 (although im not sure if its really designed for LiPs) > http://www.familylaw.co.uk/system/uploads/attachments/0002/0943/N260_CPR_Form.pdf

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andydd you must be referring to fixed costs which is covered under cpr part 45 which would only apply if it went to trial and not discontinued.

 

Hoping to agree to discontinuance but will have to see what the written terms are for that first..

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andydd you must be referring to fixed costs which is covered under cpr part 45 which would only apply if it went to trial and not discontinued.

 

Yes in my case it went to strike out trail so it was pre-allocation and pre- the actual trail (which didnt go ahead).

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Discontinuance Update: "By mutual consent, each party to pay own costs." That's fine by me.

Will give a further update once it has gone through, is done and dusted, don't want to tempt fate.:wink:

Thanks so much for all your input here.

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