Discontiuance and other queries - please help!

[java2929]

Hi,

I am new to this whole claims procedure, so please bear with me – many thanks!

I need advice regarding a money claim I made against an individual for damaging my car with hers. I didn’t witness the damage, but someone else did (a witness for which I know, so not independent), so I persued an insurance claim against her directly with the her insurance. Liability was denied, so I wrote to them advising 14 days notice to pay or I would take the matter further. Nothing came back, so I wrote to the individual advising her to pay the £150 it would cost to repair my vehicle within 14 days or I would take further action. Nothing was heard back again, so I made a money claim online (£25). (Shortened.. I put everything in writing and sent her pics, repair quote and letter from witness to the incident)

I have now received an acknowledgement from her solicitor (presumably from her insurance) stating they are acting on behalf of the individual.

I certainly don’t wish for this to cost me anymore than necessary, as the claim is only for £150 + the £25, so £175.

I don’t want to be lumbered with a huge bill or extra expenses so have thought it over, and I think it best I just drop the case via a discontinuance.

So here are my questions, if anyone could please shed some light on the matter – I would be very, very grateful for this:


1 – Could solicitor/insurance/individual counter sue for legal costs if I discontinue?

2 – Do I discontinue once I receive information back from the court ie ‘on a particular track’? Is this after I submit the questionnaire or before?

3 – After careful thought and worry, can I just cancel the claim and that be that?

I fear reprisal in the way of legal/other costs and simply cannot afford to pay out large sums of money, especially condiering the claim so small.

Any advice will be gratefully received.

Thanks.

[ostell]

Your claim would be in the small claims court where there is a strict limit on the amount that can be claimed in costs. Solicitors is max of £50 . If you discontinue before it is allocated to track then you could be liable for costs.

The whole point of small claims track is that limit on costs so why not just continue?

[java2929]

Hi Ostell,

thanks for posting. So there is no risk of a 'bill' at the end amounting to silly money?

I have read up on what can be awarded and for what, but I still fear the worst, that I have missed something and i will be punished financially for it.

Once the case has been allocated to track, if I were to discontinue then, would that be the complete end of it, or is there something I could be liable for?