** discontinued ** Court claim from Hoist Portfolio Holding 2

[jaguarsuk]

If the Claimants Solicitor has extended the time to allow them to provide the documentation but that 14 days runs out today shouldn't para 14 read:

The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

see post #29

[pscomp]

Thanks for all your help. I managed to email over my defence which I couldn't have done without your help.

Should I email the Claimant's Solicitor today and invite them to discontinue?

Cheers

[jaguarsuk]

Thanks for all your help. I managed to email over my defence which I couldn't have done without your help.

Should I email the Claimant's Solicitor today and invite them to discontinue?

Cheers

There's no harm in it. Go with something like:

Dear Sirs

Reference: Them -v- You: Claim No. - XXXXXXX

I write further to your letter of X to extend the date for filing my defence.

I note that you have not provided the documents requested within the further 14 day deadline you stated and therefore find enclosed by way of service upon you my Defence, I acknowledge the same has been filed with the court.

Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim and the very fact you are unable to provide them at all leads me to believe that the filing of this claim is an abuse of the court process. It will be my intention to highlight this to the court pursuant to CPR 27.14 as unreasonable conduct at the hearing in relation to my costs.

Should it be the case that you withdraw from the claim via a Notice of discontinuance to the court I confirm that I will not pursue your client for my costs of and occasioned in dealing with this matter to date.

Yours sincerely



<<YOU>>
ENC.

The last paragraph of that letter would be disputed by some as you should try to recover costs if they discontinue, but if you did you would have to file an application at a cost of £255 to you and no guarantee the judge would have any of it given the limited costs nature of the small claim track. It gives them a way out without further costs and ending this is what you want, so it gives them more incentive to do it.

[pscomp]

Just a quick post to say thank you!

After receiving a letter from the court with a date for the hearing I today received a letter from the Claimants Solicitor saying they were discontinuing the Claim against me and my account had been closed with no further action against me.

I Couldn't have won this without the guidance of this forum.

Thanks again for all your help

[MIKE770]

well done check with court in few days to confirm

[Amethyst]

Congratulations