duplicate.
CCJ filed via an address I have never lived at
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Originally posted by R0b View PostIt would yes, but the court cannot order a party to discontinue the claim, rather they would need to file a notice of discontinuance.
The reason why they are asking for a consent order is because if they file a notice of discontinuance then they will be liable to pay you costs. I also presume they haven't bothered to file a detailed particulars of claim as required from the previous order of the court.
If I was in your shoes, I would be telling them that the Consent Order is invalid as a court cannot order a party to discontinue a claim, and they should instead file a notice of discontinuance. You could otherwise sign the consent order but don't be surprised if it gets sent back to the claimant telling them it is not a valid order that the court can make.
With regards to the claimant being liable to paying me costs should they file a notice of discontinuance, is that with reference to the N244 application fee I paid please or is it to do with something else? I did not sign the Consent Order but I did respond to their email as thus:
“I understand that a court cannot order a party to discontinue a claim and therefore the Consent Order may be invalid and they would require you to file a notice of discontinuance instead.
If I sign the Consent Order, it is highly likely that the Court would send it back to you letting you know it is not a valid order that the court can make.
So in order to save further time and costs, I would suggest you file a notice of discontinuance. Do let me know what your thoughts are”
The Claimant hasn’t responded to this email yet and I wanted to know if I stand to lose anything by not signing the Consent Order to discontinue the claim and if I will indeed not incur any costs going forward. I honestly wouldn’t mind if the £255 doesn’t come back to me for so long as the case can be closed by me signing their attached Order. I just don’t want the claimant to waste my time anymore.
Many thank in advance with your response.Last edited by Micky10; 8th October 2020, 19:40:PM.
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Hi everyone,
Please see the attached.
After signing the Consent Order, the claimants claim has now been discontinued. Thank you all for your support, very much appreciated.
I was meant to file for my defence on 24 November 2020, but I got a response of the ORDER attached from the court today. I guess the case has now been closed and I don’t need to do anything else?
Attached Files
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Originally posted by Micky10 View PostHi everyone,
Please see the attached.
After signing the Consent Order, the claimants claim has now been discontinued. Thank you all for your support, very much appreciated.
I was meant to file for my defence on 24 November 2020, but I got a response of the ORDER attached from the court today. I guess the case has now been closed and I don’t need to do anything else?
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