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Costs for a discontinued small claim?

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Hi everyone,

 

So my good friends at Capquest have been nipping at my backside again, this time using the wrong account number, creditor, agreement and more. You would have to see it to believe it. That aside it the final account they decided upon has been proved statute barred and they have discontinued.

 

In the meantime in an attempt to defend the ever moving claim I've paid for duplicate bank statements, made a court application and taken advice from a solicitor.

 

A report to the FOS and FCA are probably in order, but does anyone know if a claimant in a "small" claim they are protected from the costs of discontinuance.

 

I read CPR 38.6.(1) to mean I can claim those costs.

 

Thanks!

 

uteb


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why did you waste your money on a solicitor and any other costs to prove statute barring?

 

 

its the claimant job to prove a debt is not statute barred - no you to waste money on proving it IS.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks dx,

 

I "wasted" money on a solicitor because I have lost cases in the past I should have won and I got scared.

 

It was only recently that I could produce hard evidence this was statue barred. They had already "proved" it wasn't by their statement of account. Courts seem to generally accept the evidence of sophisticated banks/cardcos.

 

This has been running for a long time and I was asking for help with costs for a discontinued small claim.

 

I wish I had he foresight you have.

 

uteb.


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well p'haps we could have helped if you'd made a thread when this happened

we've certainly not seen very many cases lost here with our help

esp on statute barred debts in recent years

things have moved on a wee bit with the magic touch of andyorch etc

 

 

I don't believe you can claim cos on a disc'd case.

 

 

i'll have a quick browse around .

 

 

dx

 

 

 

 

.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I have in mind CPR 38.6.(1), but I personalty don't judge people by the "rules".


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So, the answer is NO.

 

I should have read on............ CPR 38.6.(3) This rule does not apply to claims allocated to the small claims track.


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