Claimant wishes to discontinue..if I agree no costs?

[sobran1]

Can anyone tell me what a DC means when they want to drop the case but ask if I'm willing to agree to a no costs settlement? I always denied the disputed debt and complained to them for putting entries on my credit file, the O/C never did it.

[AndyOrch]

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

[sobran1]

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

Edited April 27, 2016 by sobran1
thank you

[andydd]

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.

[sobran1]

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?

[citizenB]

Keep this thread updated rather than start a new one

[sobran1]

Thanks Andy,

Will let you know.

[andydd]

Oh yes you could agree to discontinue if they agree to other terms, people often forget that both sides are free to come to an agreement NOTE mark any correspondence Without prejudice save as to costs.

[sobran1]

Ah! The solicitor asked if WE could speak without prejudice on the phone, so I must remember that too.

Thanks very much Andy.

Edited April 27, 2016 by sobran1

[sobran1]

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.

[AndyOrch]

Thread moved to Financial Legal Issues and thread title amended.

 

Andy

[mercyblue]

If it hasn't even got as far as exchanging witness statements what costs have you incurred?

[andydd]

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

[sobran1]

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.

[AndyOrch]

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

 

Andy

[sobran1]

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.

[AndyOrch]

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

[sobran1]

This is helpful. thankyou.

[andydd]

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

[sobran1]

But am I right in thinking that this is only if it carries on going to court and is not discontinued with the agreement of the defendant?

[mercyblue]

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.

[sobran1]

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..

[andydd]

I dont think so, costs apply as soon as a claim is started and in fact I recall a case where one side that they could claim some costs even pre court claim where they sent letters before action, etc.

[andydd]

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).

[sobran1]

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.

Thanks so much for all your input here.