Pursuing MCOL claim no longer worthwhile, what are my options?

[jpfullknmr]

I have filed a default judgement 2 months ago against an LTD, after which I had realised that I would not be able to retrieve my money - mostly irrelevant. At this point, the time and money wasted and frustration involved, by further pursuing it is not worth it at all and I was hoping it would be possible to discontinue the claim. I have logged onto MCOL and in the recent transactions there is "A bar was put in place for X LTD on xx.xx.xxxx".
Now from what I read, it means Is there any way to have this discontinued?

[EnglandPi]

I understand your confusion MCOL is not the best for explaining whats going on.

Just so I understand, am I right to assume:

You filed a claim form against a limited company?
No defence was filed within the time period so you asked for a default judgement?

I would suggest the defendant has filed a late defence (hence the bar) late defences are often allowed, which will stop you getting a default judgement.

I would also suggest that even though you are considering discontinuing this action, you should wait to see if a counterclaim has been filed just in case it bites you back. If not then you can discontinue.

If you do its always worth asking for a refund of the court fee. Cheeky but it sometimes works.

The courts are taking forever these days since covid but they will get around to you eventually.

[jpfullknmr]

You're mostly right although the judgement has been issued, the bar was put in place a week after that (which I still honestly don't understand the point of), from what I understood that meant the defendant cannot submit a defence?

It would be great to get a refund on the court fees as I was pretty disappointed about losing another £500..

[EnglandPi]

Can you attach a copy of the judgement and name the Defendant so I can do some checks?

[jpfullknmr]

I'm not too comfortable with sharing that information, I'd rather keep it private. But the case was for less than £10,000 and the claim has been issued by the courts, I would just like to make sure that I would not be liable for any costs, which I assume is the case since this was attributed to the small claims track, yes?

[EnglandPi]

I'm not too comfortable with sharing that information, I'd rather keep it private. But the case was for less than £10,000 and the claim has been issued by the courts, I would just like to make sure that I would not be liable for any costs, which I assume is the case since this was attributed to the small claims track, yes?

Now I'm confused

[des8]

It seems that having obtained a default judgment the defendant has responded or made an application which is awaiting a decision by a Judge or court appointed Legal Advisor

The bar stops you proceeding to enforcement.

As it is small claims any costs are minimal unless either party has acted unreasonably.
If the bar is the result of late filing by the defendant and causes you extra costs, these may be awarded against the defendant even if he should win his case

[jpfullknmr]

Sorry, the judgement* has been issued by the courts. I have filed for judgement and a couple of days later there was an update on MCOL stating the judgement has been issued - initially in transactions it said "you submitted a judgement..", and then "your judgement against X has been issued.." . I have an option to update the claim as well, to settle/discontinue/paid (which either just appeared or I somehow missed a couple of days ago).

Since the case has been "won" by myself, and the case was through the small claims track (it was a claim for less than £10000), I can discontinue the case and not be liable for ANY further costs, am I correct? I'd like to be sure since the person has been acting maliciously since the very beginning and in a very calculated manner, I would prefer to avoid any further annoyances/issues.

[des8]

If you discontinue you should not be facing any costs award CPR 38.6 (3)

[jpfullknmr]

"Update type of Discontinued not allowed once judgment has been issued" is there any way in which I can 'stop' this claim?

[des8]

The claim has been judged in your favour i.e. it is completed and not continuing so it is difficult to see how it can be discontinued.
You might not want to enforce the judgment, but in that case you just let it lie.
If the defendant is successful in an application to set aside the judgment, you will then be able to discontinue.

[jpfullknmr]

"Hi, a little over a year ago I bought a used vehicle from a car dealer for £5000. The dealer claimed the car was spotless (as they always do) but it turned out to have some faults including the windscreen washer pump being completely broken and not functional, making the car unroadworthy. Since it was within my 30 day buy period, i rejected the car to which the dealer stopped responding.

Since September (date of purchase) until December (date on which the default judgement was submitted) I didn't use the vehicle, but after January I realised that I cannot fully proceed with claiming the money and returning the vehicle due to his company being an LTD and having nothing registered in its name.

Since that situation has been affecting me negatively mentally (having to deal with the fact that I 'lost' £5000+£500 on the MCOL claim), and the fact that my commute to university, which was supposed to be 40 minutes by car, became 2.5h long with busses+trains, I fixed the car myself, insured it and started using it. My parter was supposed to use the car to get to work as well so it was frustrating that we both were out of money and out of a normal way of commuting.

I did not pursue anything in that direction since that time, however a couple of weeks ago I have been served with papers regarding his attempt at setting aside judgement. In his defense, he has stated things that are complete lies (saying there was nothing wrong with the car, that he was not refusing communication etc.), and I prepared myself, including receipts from mechanics, quotes from the Ford dealer and statements made by the ford technicians regarding the state of the car (it was involved in an accident that was not registered - not mentioned at the point of sale but quite obvious by looking at it if you have any experience with cars, which I did not have). I'm well prepared for the court hearing which is in December.

My question is, what is the possible outcome of the hearing? Am I going to be 'punished' in any way for using the car despite asking for a refund through MCOL? Is it possible to claim for losses regarding the purchase of the car i.e. costs of repair, court costs? In the case that it is awarded/judgement is held up, does that change the situation with the fact that his company is an LTD?"

a post I wrote elsewhere, should I make a new post or can I potentially get some replies here ?

[atticus]

new thread please