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Hello all,
I see you lot are so helpful at giving advice and I've read through and through google but I'm at a bit of a wits end.
A few months ago I issued a MoneyClaimOnline for a company and its director (as 2 defendants) for a small amount of £100. This was following others advice in a similar position they had successfully recovered their money this way from this company who are essentially a PayForIt Scam whereby they take payments through your phone company for 'services' you never signed up for as they got your number over the 4G network.
I sent an email to the company (as my calls got nowhere as their phone number is just a telephone in an auto call centre) informing them I would give them a few days before issuing a claim. I gave them 2 weeks in the end. I know i did not follow proper pre-action protocol and I have learnt my mistake as they defended the claim (though their defence is nearly all completely fabricated and against terms of condition of sale for Payforit Service products).
So far they filed the DQ late and have not sent me a copy like I did for them, they filed theirs after a sanction order.
We both agreed to mediation, I confirmed the appointment but today received notice that its been transferred from County Court Business Centre to my local county court (I assume company has not responded to mediation and I know from others with cases against them the company has stopped responding to any letters from claimants etc.) and that it will be allocated to a track by a judge in due course. When I asked the Mediation team if it was in the Small Claims Track already they said yes and now I am very worried.
I have wanted to discontinue this for a while as though I know they have no right to take my money, the stress of this and fact I haven't followed correct pre action protocol makes me want to drop this. I have recently found I have anxiety disorder and I know I am overreacting to a small case but I am sick with worry I will be liable with legal fees I can't afford.
I have sent further letters to the defendant, outlining where I believe their defence is untrue and my evidence that the money should not have been taken and attempting to settle. I sent this recorded delivery over 2 weeks ago and have received no response. I have never received any communication from the company other than the defence they filed with the court. I know I have not followed correct procedures and am happy to let this go for the sake of the stress its giving me but I am worried that now:
it has not yet been allocated to the small claims track it seems that if i discontinue I can be liable for legal fees and costs? could I of been seen to have been unreasonable and have costs against me anyway (i have tried to liaise with company since, they have not sent me DQ, not responded to my letters or confirmed a mediation appointment)?
If I wait to see if it gets allocated to the small claims track, that would automatically be notice of a hearing and if I discontinue then it will look very poor as its a later stage and I will still be liable?
I haven't received their DQ so i don't know if they have asked for any witnesses / experts and the costs for these, is there anyway I can find out and again if i discontinue either now or when its been allocated am I liable for those costs (I read up to £750)?
I'm sorry for the very long explanation, I'm really so worried over this I just want to get on with my life and drop it and I've learnt my lesson on pre action protocol, as long as I won't be suable for large 'legal' costs?
I see you lot are so helpful at giving advice and I've read through and through google but I'm at a bit of a wits end.
A few months ago I issued a MoneyClaimOnline for a company and its director (as 2 defendants) for a small amount of £100. This was following others advice in a similar position they had successfully recovered their money this way from this company who are essentially a PayForIt Scam whereby they take payments through your phone company for 'services' you never signed up for as they got your number over the 4G network.
I sent an email to the company (as my calls got nowhere as their phone number is just a telephone in an auto call centre) informing them I would give them a few days before issuing a claim. I gave them 2 weeks in the end. I know i did not follow proper pre-action protocol and I have learnt my mistake as they defended the claim (though their defence is nearly all completely fabricated and against terms of condition of sale for Payforit Service products).
So far they filed the DQ late and have not sent me a copy like I did for them, they filed theirs after a sanction order.
We both agreed to mediation, I confirmed the appointment but today received notice that its been transferred from County Court Business Centre to my local county court (I assume company has not responded to mediation and I know from others with cases against them the company has stopped responding to any letters from claimants etc.) and that it will be allocated to a track by a judge in due course. When I asked the Mediation team if it was in the Small Claims Track already they said yes and now I am very worried.
I have wanted to discontinue this for a while as though I know they have no right to take my money, the stress of this and fact I haven't followed correct pre action protocol makes me want to drop this. I have recently found I have anxiety disorder and I know I am overreacting to a small case but I am sick with worry I will be liable with legal fees I can't afford.
I have sent further letters to the defendant, outlining where I believe their defence is untrue and my evidence that the money should not have been taken and attempting to settle. I sent this recorded delivery over 2 weeks ago and have received no response. I have never received any communication from the company other than the defence they filed with the court. I know I have not followed correct procedures and am happy to let this go for the sake of the stress its giving me but I am worried that now:
it has not yet been allocated to the small claims track it seems that if i discontinue I can be liable for legal fees and costs? could I of been seen to have been unreasonable and have costs against me anyway (i have tried to liaise with company since, they have not sent me DQ, not responded to my letters or confirmed a mediation appointment)?
If I wait to see if it gets allocated to the small claims track, that would automatically be notice of a hearing and if I discontinue then it will look very poor as its a later stage and I will still be liable?
I haven't received their DQ so i don't know if they have asked for any witnesses / experts and the costs for these, is there anyway I can find out and again if i discontinue either now or when its been allocated am I liable for those costs (I read up to £750)?
I'm sorry for the very long explanation, I'm really so worried over this I just want to get on with my life and drop it and I've learnt my lesson on pre action protocol, as long as I won't be suable for large 'legal' costs?
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