ES/Gladstones Claimform - PCN Kent Street Lpool - ***Claim Discontinued***

[BankFodder]

I've sent you an email.

[hayho1]

After submitting my schedule of costs to the courts (and being notified that this was passed over to the SOLS), I have since received a response letter from the courts (attached).

 

I have today returned from holiday, hence the early date on the letter.

 

Any advice would be appreciated re: next step.

 

Many thanks

letter re costings.pdf

[DragonFly1967]

That basically means that if you want your costs, you've got to issue your own claim for them. Probably not worth the bother to be honest, depending on how much we're talking about.

[AndyOrch]

Liability for costs

38.6

 

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

 

(2) If proceedings are only partly discontinued –

 

(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

 

(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

 

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

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.7

 

 

Apply on notice involves submitting an N244 for costs...not really sure what the courts up to here ?

 

Regards

 

Andy

[ericsbrother]

In short, you havent got them on the nod from the judge and are invited to spend good money pursuing them.

As it hasnt been agreed their action was enough to be unreasonable conduct then you will struggle to get anywhere.

 

Be happy they are a hundred quid down as they still have to pay gladstones for their crap advice and costs for starting the fight in the first place.

 

That may also lose Gladdys another disgruntled customer if it become clear to them that they have been misled as to the strength of their claim.

Dont forget Gladdys are also the IPC in a summer frock so they have been double done for poor advice

Edited June 26, 2018 by dx100uk
spacing

[hayho1]

Thank you all for the advice now and along the way.

I May not have received costs but I have won in many ways.

 

Rather than using my money to fill dirty pockets I have made a donation to the CAG team for the tremendous support throughout.

 

Two people within our household have now won separately owing to this support.

 

Thank you again

[AndyOrch]

[ericsbrother]

dont forget to tell all of your friends that private parking is not the licence to print money many parking cowboys would like it to be.