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Advice sought on procedure for discontinuing claim (on compassionate grounds)


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I have already paid hearing fees at the County Court for a case which has yet to be listed for hearing.  The Defendant is a relative who unfortunately has had her life thrown into turmoil through a family tragedy.  I feel that I can no longer press on with the claim and I just have to absorb the financial loss.  How do I discontinue the claim and are there likely to be any cost implications for me?  The Court had earlier made a motion of its own volition and scratched out the Defendant's counterclaim.

 

I would be grateful for some steer or ideas please on how I might communicate this situation to the Court.  I did not think that this is a case where I would need to make an application because my intention is to withdraw the claim.

 

I hope Forum Members can help.  With thanks.

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simply file a notice of discontinuance to the court and the defendant

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If you are SURE (see below), discontinue.

 

Why not ask for the claim to be stayed instead, on compassionate grounds.

If you discontinue, and the situation changes such that you regret discontinuing, you can't restart the same claim once discontinued, but if instead stayed, you can just ask fir the stay to be lifted.

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This the form you use. Strictly speaking it needs the judge's approval but I understand it would be very unusual for a judge not to accept a notice of discontinuance.

 

WWW.GOV.UK

Use Form N279 to discontinue all or part of a claim or counterclaim. Send the completed form to the court and all other parties in the case.

 

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Staying the claim would involve an application with fee (£100) 

Discontinuing the claim involves no fee or permission of the court....unless its affected by CPR 38.2 which i doubt (see link in post#2 above)

If the amount of the claim is less than 10K then you are not liable for the other parties costs.

 

Re the hearing fee ....you state a hearing date has yet to be set. Claimants currently get a 100% refund of the hearing fee if they notify the court of settlement in writing, at least seven clear calendar days before the trial date or start of the trial week.


 

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Hello All - and thank you for taking the time & trouble to read my post - dx100uk; BazzaS; Ethel Street and Andyorch, thank you so much

 

- reading your responses is an education for me and when I shut down this desk top later, believe me, I will be better informed than I was when I turned it on a moment ago. 

 

Given the particular circumstances which have been both catastrophic and tragic for the defendant, I have to discontinue the claim as a human being. 

 

Their counter claim had already been struck out anyway, which I suppose makes it less tricky. 

 

Thank you for guiding me, for your time and effort which I never take for granted.

 

 Best wishes.

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