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Issuing Notice of discontinuance (N279) before allocated track


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Hello everyone,

 

I have recently issued a small claim against a company, but do not want to go through with it any further.

 

The defendant did issue a defence and requested for Mediation, but subsequently changed their mind.

 

I was wondering if I can still issue a Notice of discontinuance (N279) form before the case being allocated to a track? If yes, which court do I write down? Should I send this via post to the Money Claims centre in Manchester or via email?

 

I have been utilising the new beta Money Claims service, which does not provide information on the matter.

 

I was wondering if anyone could assist me? I'm new to this and this is my first small claims case.

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Yes you can....a claimant may discontinue all or part of a claim at any time.

 

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

 

Have you filed your DQ yet ? If not you send it to MCOL Northampton or wherever you issued the claim from.

 

Regards

 

Andy

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I haven't been sent a Notice of proposed allocation form (N149A) as of yet.

 

The problem is the new Money Claims website does not list any mailing address, everything so far has been done on-line or via email. I did not use to MCOL option. Would you know if the address is identical to the Northampton one?

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Oh no.... not another one of the new Test system.

 

Did you use the following....?

 

https://www.gov.uk/make-money-claim

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Send it to CCBC Northampton.

 

https://www.moneyclaimsuk.co.uk/ccbc.aspx

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Another related question

 

If I issue Notice of discontinuance now, would I be liable to the other parties legal costs? Should I pay for the hearing fee and wait just to 100% make sure the case gets allocated to the small claims track before submitting the form?

 

I'm concerned that my case may get allocated down the fast-track route.

 

Thanks

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What is the value of the claim...ball park ?

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Just under £4,000.00.

 

My concern is there are personal injury elements, but my claim is solely focused on the contract when the services / goods were sold to me, which did not stipulate all the potential risks that could have occurred.

 

I am only pursuing for a full refund of fees paid for the product, rather than damages incurred.

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Small claims track...CPR 38 is not applicable...but I understand you are concerned that its not yet been allocated as yet.

 

It is and will be assumed its SCT and treated same...therefore you are safe to discontinue...but if your real intention is to reissue an amended claim..then that would require permission of the court..because of discontinuance.

 

So your options are .....

 

Discontinue the claim

Let it go to allocation and dont pay the hearing fee...claim will be struck out.

Or request permission to amend your particulars.

We could do with some help from you.

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  • 2 weeks later...

Hello,

 

I received the following from the Online Court in regards to the defendant issuing a claim for my case to be striken out and want to know how best to proceed:-

 

District Judge xx sitting at the Civil Money Claims Online Court considered the file and made directions.

 

UPON the Defendant having made an application which is not supported by the Online Court and the file being referred to a judge pursuant to the Civil Procedure Rules PD 51R 75

 

It is ordered that:

 

1) The case do exit the Online Court and be sent to the Defendant's Home Court to be placed forthwith before a judge of that court to consider listing directions.

 

2) Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order

 

3) For the purposes of paragraph 2 above, a reference to "the court" means the County Court hearing centre to which the claim has been sent.

 

Thanks

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Simply means its been transferred to your local County Court and the defendants application will be dealt with there...the court will inform you of the hearing date.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/practice-direction-51r-online-court-pilot

 

 

Andy

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I thought you was discontinuing the claim ?

 

Threads merged...please do not start separate threads on the same issue.

 

 

Andy

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Ok sorry I did not know about this.

 

I haven't discontinued the claim as of yet, as I'm still not sure if I should continue with the claim or not. I do have a strong case, but the defendant clearly thinks otherwise. It is just a lot of work trying to organise everything in relation to this.

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  • 2 weeks later...

Hello everyone,

I have now been sent a letter  notifying me that "The hearing of the defendant's application dated xx to STRIKE OUT CLAIM (see copy attached) will take place at xx on the xx - t/e 30 minutes"

I was wondering if I, as the claimant, had to attend this hearing?

Thanks.

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Absolutely...you want to be present to fight your claim?

We could do with some help from you.

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Looks like you've been shafted and if you loose the application, your up for £1500 of costs as its not been allocated to track. Best bet is a charm offensive on the defendant if you have no case.

 

This is the first cyber judge order I've seen. Didn't know Civil Money Claims Pilot had judges!

 

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 " Didn't know Civil Money Claims Pilot had judges!"

 

It doesent it refers back to MCOL (at the moment) if the claim is defended

We could do with some help from you.

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  • 3 months later...

Just an update regarding the above. I attended the strike out hearing and the judge ruled in my favour. I recently received an offer from the defendant, which I am willing to accept. How does one make sure that the defendant actually pays me the money?

 

I will issue a Notice of discontinuance (N279) form as well, but I was not sure in regards to my query above.

 

Thanks

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When you get paid inform the court its been settled

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The only issue is that CPR 38.6 states:

(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.

 

As my case has not be allocated to any track as of yet, how does the above work out? In addition, I have a hearing coming up soon to discuss the fact the defendant wanted to introduce evidence in the form of a written report from an expert. How does one get this cancelled as well?

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Thats why I didnt tell you to submit a notice of discontinuance...I told you to inform the court its been settled and they will close the claim ...not you.

We could do with some help from you.

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Ok that makes sense. I have another query, if the defendant states "we will pay your costs as entitled under the court rules" how does that work? I assume this relates to the interest accrued for the duration of the case. Will the defendant calculate this sum accordingly and include it on top of the full and final settlement of the claim?

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