DEAL Court Claim _ Won

[Guineveretoo]

Re: DEAL Court Claim

Oh okay. Most of the details are identical, at least as far as the stuff from DEAL is concerned. But I will have a go at starting a new thread.

[IKNOWNOTHING]

Re: DEAL Court Claim

Mystery1,

I have complied with everything required of me in this case so far. The latest correspondence (attached) requires DEAL to send documents to me and court within 7 days of 12 February 2015. To date I have received nothing as I presume that DEAL cannot provide required evidence.

What should I do next just wait?

Thanks

[mystery1]

Re: DEAL Court Claim

I'd call the court and ask if they got theirs.

M1

[IKNOWNOTHING]

Re: DEAL Court Claim

I'd call the court and ask if they got theirs.

M1

Just an update for anyone who's interested in my case and hope it helps anyone in a similar position.

DEAL didn't reply at all to the courts order of 12th February 2015 but I presume the court gave them a second chance (why?) as the court sent them a further order on 1st May 2015 requesting they send copies to the court and to me the following within 14 days.

"1) A complete copy of the assignment of the alleged debt/chose in action; and 2) A complete copy of the notice of assignment given to the Defendant together with a Certificate of Service on the Defendant in connection therewith"

On the 13th May I received a further intimidating letter from DEAL pointing out their further costs (total now £545.00) should it go to court but stating that I could settle for £215.00 directly with them. I didn't reply to DEAL and held my nerve.

On Friday 29th May I received a letter from the court striking out the claim as it failed to comply with the order on 1 May 2015 for the following reasons.

" 1) it has sent to the court only an incomplete copy of the assignment of the alleged debt/chose in action and 2) failed to send to the court a complete copy of the notice of assignment to the Defendant at all and certificate of service in connection therewith.

I presume that is the end of it and thanks M1 for your help.

[ostell]

Re: DEAL Court Claim

You may care to write to the court requesting costs because of their unreasonable behaviour. Others have been successful doing this.

[IKNOWNOTHING]

Re: DEAL Court Claim

You may care to write to the court requesting costs because of their unreasonable behaviour. Others have been successful doing this.

Thanks for that ostell.

Can I do that when the only cost has been my time? If so has anyone got any standard words that might work with the court?

[mystery1]

Re: DEAL Court Claim

Edit to suit.



Technically it should be an application but i'm not convince the odds of spending cash to ask are worth it. A letter MIGHT prevail but costs little. Normally small claims track costs are not allowed in these cases but 27.14 2 g can help with the right court/judge. It's worth asking.

"In the County Court at xxx

~~ To be put before procedural judge ~~

In the matter of

Deal v XYZ
Claim Number XXX

Dear Sir or Madam,

I have been advised by the court on xxxxx that the listed hearing for this claim was vacated and I understand that this is due to the Claimant's discontinuance.

CPR r.38.6 states that the claimant is liable for the defendant's costs after discontinuance (r.38.6(1)) but that this does not apply to claims allocated to the small claims track (r.38.6(3)). However, the white book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(d))." I believe it should actually refer to r.27.14(2)(g) as that is the rule which allows the court to award costs for unreasonable behaviour.

On this basis I would like to request a costs order to be made against the Claimant given that DEAL has behaved unreasonably by discontinuing this claim, 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.

The Defendant had significant costs to prepare the Defence and prepare attendance of the hearing and the costs claimed are as follows:

(explain any expenses here).

Yours faithfully,

XYZ
Defendant"

This won't guarantee you anything but it is worth a shot, and as long as you're not taking the p##s with what you're claiming you may have a friendly judge who gives you a costs order.

£19 per hour.

M1