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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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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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Yes, I used the new Test system in the link you provided.

 

Okay I will send it to CCBC Northampton.

 

Thanks for your help.

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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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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.

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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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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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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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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

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