Court Claim - Civil Enforcement Limited / - 9-7-2015 - Won

[missg01]

Re: **DISCONTINUED** Claim received from Northampton County Court Business Centre

Ditto! I got my letter from them today!! How do I hit back at them now?! Please help! #Winning

[mystery1]

Re: Court Claim - Civil Enforcement Limited / - 9-7-2015 - Won

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.

Edit the red bits.


£19 per hour.


M1

[missg01]

Re: Court Claim - Civil Enforcement Limited / - 9-7-2015 - Won

Thanks M1!

In regards to the red bits:

i don't believe I was sent a copy of their directions questionnaire? They would have had to of sent this by post right? (Or email as I copied them into mine which I sent to the court so the court had proof I had done so)

Could you give examples of reasonable expenses?

[mystery1]

Re: Court Claim - Civil Enforcement Limited / - 9-7-2015 - Won

£19 per hour for time.

Postage, stationary, phone calls etc

M1