Centrica/CST claimform - Industrial Training Bond ***Claim Discontinued***

[BadMojo]

N279 Redacted attached. Do I need to do anything now? Do I need to acknowledge receipt? Will the court send me correspondence to confirm?

 

N279 Redacted.pdf

Edited March 30, 2023 by BadMojo

[AndyOrch]

No nothing for you to do the claim has finished.

[BadMojo]

Quote

Discontinuance and subsequent proceedings

38.7  A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if—

(a)he discontinued the claim after the defendant filed a defence; and

(b)the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

 

So, with regard to the above, unless Centrica can show the court that they have some new 'evidence' (not just the same stuff they've provided so far), then this should be over...?

 

If they re-claim, with the same arguments, I can apply to have it thrown out?

[AndyOrch]

Its over...very rare for a claim to be represented or permission granted.

[FTMDave]

Well done on your victory! 

[FTMDave]

@smooth Sorry to be the bringer of bad news, but you lost your case and that's that.  Presumably the fleecers thought they had a batter case against you and went for it, whereas with BadMojo they have bottled it.

[BadMojo]

Do I need to consider/worry about any claim on their part for their costs?

[AndyOrch]

  They have no costs there is no claim and CPR 38 which you have posted is not applicable to small claims track.(if you were thinking of claiming your costs)

 

I will be back in an hour when you think of the next question 

[WildWookie]

Congrats Badmojo... hopefully centrica will drop more ongoing cases now.

[BadMojo]

Thanks WW! I certainly hope so. I'm in touch with a couple of ex-colleagues who are at various stages of the same action. One of which is being chased for a five-figure sum!

 

Andy, don't be offended if I hope to never have to come back here again!

[dx100uk]

there are some here too in fast track i think.

 

dx

 

[BadMojo]

I would like to thank everyone who contributed to this thread.

Whether that be with words of advice & guidance, or simple encouragement - it's been a great help.

Thank you.

I'll be sure to update the thread should anything develop - but I'm hoping this is the end of it!

[BadMojo]

Should there be an entry on MCOL regarding the discontinuance? I've just checked and there's nothing.

 

Quote

Claim Status

A claim was issued against you on 13/07/2021

Your acknowledgment of service was submitted on 20/07/2021 at 20:26:16

Your acknowledgment of service was received on 21/07/2021 at 08:05:16

Your defence was submitted on 13/08/2021 at 15:06:16

Your defence was received on 13/08/2021 at 16:05:08

DQ sent to you on 19/12/2022

DQ filed by claimant on 12/01/2023

Case Stay Lifted on 31/01/2023

General sanctions order was made on 31/01/2023

Case Stay Lifted on 09/02/2023

You filed a DQ on 09/02/2023

Case Stay Lifted on 13/02/2023

Case Stay Lifted on 20/02/2023

Case Stay Lifted on 21/02/2023

Your claim was transferred to LIVERPOOL on 27/02/2023

 

[dx100uk]

mocl ended when it was transferred out of the bulk court.

its dead.

 

 

[AndyOrch]

1 hour ago, BadMojo said:

Should there be an entry on MCOL regarding the discontinuance? I've just checked and there's nothing.

 

 

No