DISCONTINUED: Lowell/Bryan carter v Dibble

[Dibble]

Re: Lowell/Bryan carter v Dibble

But won't that mean they'll request judgement straight away as they know the application hasn't gone through?

Would you still submit a defence?

Sorry if I'm being stupid on this.

[mystery1]

Re: Lowell/Bryan carter v Dibble

No defence. Your application will show on the system (or at least payment will) and your application will be in front of theirs in any queue.

They should not be able to get a default judgement.

M1

[Dibble]

Re: Lowell/Bryan carter v Dibble

Hi again,
Bit of an update, I received the following from the court date 9/6/14:

"It is ordered that:
1) The claimant shall by 4pm on25th June 2014 provide the Defendant copies of the Credit Agreement, the Default Notice and the Assignment;
2) If the Claimant fails to comply with paragraph 1 the claim shall be Struck Out without further order;
3) Upon the Claimant complying with paragraph 1, the Defendant shall file and serve his defence by 4pm on 25th July 2014;
4) The costs of this application be costs in the case.
Note: This order has been made without a hearing under the Courts case management powers contained in the Civil Procedure rules Part 3. You may within 7 days of the service of this order, apply to the Court to set aside or to vary the order under Part 23 Rule 10. You must file with the Court, and serve on the other parties, an application that sets out your reasons for objection. A fee is payable upon the filing of the application. When your objection is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing."

So the deadline passed yesterday but I've not received anything yet. I did have a missed call from Bryan Carter on my mobile but no message left.
Could someone please advise me on the next step and if it is possible to claim my costs back?
Many thanks.

[Dibble]

Re: Lowell/Bryan carter v Dibble

Hi,

Could anyone advise me what to do next please?

Thanks

[Amethyst]

Re: Lowell/Bryan carter v Dibble

2) If the Claimant fails to comply with paragraph 1 the claim shall be Struck Out without further order;


So they should have been struck out, give the court a buzz and ask them what the status of the case is now. Then you could ask for wasted costs.

[Dibble]

Re: Lowell/Bryan carter v Dibble

Received a letter when I got home Friday from Bryan Carter saying that the claim had been discontinued!

Many thanks for everyone's help!

I rang the court today but the said that they hadn't received anything yet but it probably wouldn't be processed for 10 days so I'll try giving them a call next week just to make sure.

I also sent Bryan Carter a letter today stating my costs to be paid back so I'll see what happens with that. Is there a process to get them to pay up if they don't? I've had to pay out for the N244 and they even took the £1 for the credit agreement that they never provided, let alone all my time. So I feel like I should get something back.

Do I also need to do a consent order?

Once again, thanks for the help. It really is a relief to get it sorted.

[mystery1]

Re: Lowell/Bryan carter v Dibble

No consent order required. They gave up so that is the end of the matter, excluding costs.

M1

[Amethyst]

Re: Lowell/Bryan carter v Dibble

Ahhh good news well done Let's wait till its done and dusted with the court (ie they have received the discontinuance) then we can respond to BC asking for your N244 fee under wasted costs.

[Dibble]

Re: Lowell/Bryan carter v Dibble

Hi again,

Spoke to the court today and they confirm they had received the discontinuance. Then I rang Bryan Carter as I had not receive a response to my request for costs. They said they are not willing to pay any costs as they aren't liable for them as there have been no court costs.

Is this right or is there a way to claim my costs back?

Many thanks.

[mystery1]

Re: Lowell/Bryan carter v Dibble

http://www.justice.gov.uk/courts/pro...es/part38#38.6

Put it in a claim for costs in writing to them and they may pay or indeed repeat such ******** in writing.

A judge has already ordered that some costs be costs in the case so if they wish to be silly they are going to look even sillier when confronted by another application to the court for costs.

M1

[mystery1]

Re: Lowell/Bryan carter v Dibble

I would also put the wind up them.

Explain that you have read https://www.lawsociety.org.uk/advice...-person/#lip31 and that if what was said in your call is accurate you consider this to be a breach of the law society rules and that as such you will be making a complaint. Request the last call and this one be preserved as a transcript will be requested under the data protection act for use in a complaint to the law society and an application to the court for costs in which you will bring to light the abuse of a litigant in person and obstructive conduct which has wasted court time.

M1

[Dibble]

Re: Lowell/Bryan carter v Dibble

That's great thanks! I've already sent them a letter about the costs but I'll pop all that extra stuff on and give them another 7 days.

Do you know what the procedure is if I have to go through the courts to get my cost back?

[mystery1]

Re: Lowell/Bryan carter v Dibble

http://uk.practicallaw.com/5-204-8012#

M1

[Dibble]

Re: Lowell/Bryan carter v Dibble

Hi again, just wanted to give a quick update.

So I sent a second letter asking for costs and also included what you said about a breach of law society rules. Received a response pretty much straight away saying that my complaint had been logged and will be dealt with within 21 day. However they did seem genuinely worried by the threat of the complaint.
I waited a week or two with no response so I decided to serve them notice of commencement of detailed assessment (Form N252) with the bill of costs etc.
About 2 days later they responded saying that they don't believe they breached any rules and the person dealing with the case wrongly assumed it had been allocated to the small claims track, but as a gesture of goodwill they will pay my costs. And enclosed a cheque for nearly £600.
I suspect this won't be the last I hear from them giving they discontinued but not sure what I could do to stop this?

Anyway, just wanted to say a big thank you for everyone's help. I wouldn't have managed it without the help received here.

[Amethyst]

Re: Lowell/Bryan carter v Dibble

Nice one Dibble. Good work