Claim form received from Northampton Court Claimant Civil Enforcement Ltd - won

[haggard]

if it is of any assistance or a means of supporting what Mystery1 has so wisely advised all along in this string is this: I have been following this case with close attention due to it being a mirror image of my case. Even down to the date, parking company and being at a Co-op store. I ignored ALL correspondence until the court summons. I cut and paste (with necessary alterations) the letter of defence to the court formulated by Mystery1. And that was it! Having indicated my court of preference I was supposed to share all my paperwork/evidence with CEL. I had none. I next received a letter of discontinuance from CEL.
So keep your powder dry! Stand firm and don't blink first. It is apparent from talking to so many people in the same situation that they just pay up and CELwill continue to rely on them. Stare them out and good luck.

[mystery1]

Re: Claim form received from Northampton Court Claimant Civil Enforcement Ltd - won

[MENTION=66898]haggard[/MENTION]

Nice one

Give costs a spin too



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

[Berniethebolt]

Re: Claim form received from Northampton Court Claimant Civil Enforcement Ltd - won

M1
If they get a few of the cost awards I would watch yourself, they might just decide that you need to have an 'accident'

I love seeing bullies getting a spanking