Should I discontinue before allocation to the small claims track?

[Psyduck21]

Here are some background points on my claim: 

1. I used the governments online Money Claims service to file a claim against a business for an amount of £1700
2. The business did not respond to the claim in a timely manner
3. I requested a CCJ and was granted one against the defendant
4. The defendant applied to set aside judgment
5. A hearing to set aside judgment took place
6. The judge awarded costs to the defendant and agreed for the judgment to be set aside, they also granted the defendant 28 days to file a defence
7. The defendant was trying to claim costs of approximately £4800 however the judge deemed that excessive and only awarded them with £2000 on claim that I behaved unreasonably by not responding to their email
8. The defendant claims that I submitted the claim against the wrong company (I don't believe this is the case).
9. At no point I was served with a notice of allocation onto the small claims track so I am not certain that my case is allocated to this track

 

I am currently trying to determine the best option to proceed with this case while trying to keep the costs as low as possible believing that my prospects of success are low.

 

If I discontinue the case now could I be liable for further costs automatically as my case has not been allocated yet? Am I better off discontinuing now as the defendant might try to claim more costs or should I wait until allocation?

 

I have tried to seek confirmation from the defendant that no further costs will incur in return for discontinuance but the defendant is refusing to provide this and is threatening with more costs if they reach the stage where a defence is filed.

 

I have sought legal advice from two different lawyers, one advised to discontinue ASAP and be prepared for a bill of costs, stating that this will be less costly than discontinuing at a later stage. The other lawyer advised that I should not discontinue until the case is allocated to the small claims track to protect me against costs. The conflict has left me very confused

Edited December 2, 2021 by Psyduck21

[BankFodder]

As you haven't told us anything about the dispute, it's really not possible to advise you

[Psyduck21]

I have not included details of the dispute because I am no longer interested in pursuing this case.

 

My current aim is to end this claim in the most cost effective way possible.

 

But if it helps, here are some details of the dispute:

1. I believe that I was offered a poor service by the defendant and verbal promises that were not followed through
2. I had paid for services in full to the defendant but only used about a third worth of the services that bought before demanding a partial refund for service I have not received
3. The defendant refused the refund and pointed me towards their terms of use that specify a no refund policy
4. 2 Years passed with me continuing to be disgruntled by this therefore filed a claim to gain some closure
5. The defendant did not reply to the claim within the allocated time therefore I was granted with a CCJ
6. Once the defendant received the CCJ they claimed that I used the wrong address and my claim is defective
7. I did not use the wrong address as I used the address exactly as specified on Companies House
8. The defendant sent an email asking to set aside the judgment on the basis that the proceedings are defective, I did not reply to this email
9. The defendant submitted an application to set aside the judgment on the basis that the proceedings are defective and that they had a high prospect of success
10. The hearing took place
11. The judge confirmed I used the correct address
12. The defendant brought a new argument during the hearing claiming that I sued the wrong company
13. The defendant claims that I have behaved unreasonably by not responding to their email
14. The judge awarded the defendant costs and set the judgment aside
15. I do not believe that I sued the wrong company rather I believe the business was trading before being incorporated
16. The defendant confirmed details of the service provided and payments made, leaving me confused as to how they are able to make a claim that I sued the wrong business while confirming that I was engaged with their services.

 

 

[BankFodder]

I'm afraid that you have still provided us with scant information.

Clearly it's a very difficult choice and if you think that you can absorb the costs so far then maybe the best thing to do is to let it go.

This is not advice I often give – but as you really don't seem interested in pursuing it and also because really we still have no idea what it's all about, I think that you should select the better part of valour

[Psyduck21]

In the hearing to set aside the judgment, the judge seemed convinced by the other party that the claim was made against the wrong business and warned of further costs if I chose to continue in pursuing this case.

 

This has destroyed my confidence and led me to think that my prospects of success are very low. This case has been very demanding mentally and I have much more significant matters to tend to and would like to relief my self of this burden.

 

I am worried that if I discontinue the claim now then I will hit with a bill of cost in the thousands of pounds, do you think this is likely?

 

The hearing to set aside the judgment took place on the 22nd, however I made the defendant aware that I am considering discontinuance on the 23rd and my notification was a courtesy to prevent them from investing unnecessary efforts into a case that may be discontinued. The defendant confirmed that they have not yet prepared a defence, so hopefully they cannot attempt to claim costs of preparing a defence.

 

If the defendant provides me with a statement confirming no further costs and I discontinue on this bases, are they likely to go against their confirmation and try to claim costs anyway?