Another DEAL County Court Claim Form - Won

[mystery1]

Re: Another DEAL County Court Claim Form

If you do need to show up make sure you ask for costs. If not send a letter asking for costs

M1

[ostell]

Re: Another DEAL County Court Claim Form

I'd be tempted to turn up anyway regardless just in case they are trying for a default. Have your list of costs because of their unreasonable behaviour ready. I believe a judge recently awarded £190 against CEL/DEAL in a similar situation.

[superpaw]

Re: Another DEAL County Court Claim Form

Hi,

Well, it's all over. Called court at 11:20 this morning and they still had the case listed, so arrived at 13:30 and it was still listed at that point. Went in to see the judge at 14:00 and advised him of the letter I had received Saturday morning advising of DEAL's discontinuance. He advised the last letter he had from them was requesting a stay in the hearing to a later date - whether they tried that letter with the court and the discontinuance with me in the hope I wouldn't turn up I don't know, but seeing as the letter sent from DEAL was sent Thursday for a next day by 1pm delivery, and as the court was closed Friday-Monday, it is possible the letter only arrived at the court an hour before my case and so was still being processed somewhere.

Due to me having received the letter advising DEAL were discontinuing the case, the judge advised there was no case to answer. He did then refer to one of his books regarding costs and looked up r.38.6 and advised that due to the discontinuance costs could not be awarded. I did then bring out the letter I had prepared from a previous post that had been suggested be sent to a judge in a similar case regarding a party behaving unreasonably. I explained that I felt DEAL had been unreasonable due to:

"discontinuing this claim at the last possible moment in the hope that I pay their inflated claim rather than attend court, and that as of 11:20 on the morning of the hearing the court still advised they had no record of the discontinuance, and by not taking the two separate occasions where I advised I would be available for mediation to explain why their case was without merit, and also by not submitting any evidence/witness statement in support of their claim other than their claim form, and by not serving me with a copy of their Directions Questionnaire contrary to the court order".

I also explained the quantity of these claims being made by DEAL nationwide and their non-appearance at virtually every case meant they had deliberately wasted mine and the courts time. I asked for almost £300 to cover litigation in person, travel and a half day absence form work.

The judge remained to be convinced that he could invoke rule r.27.14(2) and did say that if he were to award costs I had requested, DEAL would have the right to contest the costs.

As a result I have decided to draw a line under things and not push the costs issue. A small part of me feels I should, just to try and teach them a lesson, but on the whole, I've gone all the way to court with DEAL, not had to pay them a single penny of what they were asking, and cost them the various fees they've had to pay the court to this point.

For all your help and advice M1 I am truly grateful. I could not have done this (and might well have paid up the £200+ DEAL were asking for to have got a good nights sleep when the court summons first arrived) without you!!

Paul