Claim for expenses

[Kati]

Re: Claim for expenses

Is there a link to your thread for this claim?

Has this claim reached a conclusion?

Good morning Kati and Benji.
@Kati could you please merge Benji's threads.

nemxx

threads merged xx

[nemesis45]

Re: Claim for expenses

threads merged xx

Thank you!!

nemxx

[Diana M]

Re: Claim for expenses

I can now see this claim is in the Small Claims Track which usually means neither party will have to pay their opponent's costs whether they win or lose the case unless there have been conduct issues.

Keep a log of your time spent and your expenses just in case.

What happened during/after the Mediation appointment in March or didn't that go ahead (or maybe 'failed') so the claim has been transferred to your local county court?

If the Claimant discontinues after you have filed your Defence (and you have) then you would expect them to pay your costs.

Di

[Benji330]

Re: Claim for expenses

I can now see this claim is in the Small Claims Track which usually means neither party will have to pay their opponent's costs whether they win or lose the case unless there have been conduct issues.

Keep a log of your time spent and your expenses just in case.

What happened during/after the Mediation appointment in March or didn't that go ahead (or maybe 'failed') so the claim has been transferred to your local county court?

If the Claimant discontinues after you have filed your Defence (and you have) then you would expect them to pay your costs.

Di

The mediation didn't go ahead as there was no grounds to mediate.
The case got allocated to my local county court with a hearing set for August.
I filed my defence and the claimant suddenly discontinues the claim this week?!? What are my grounds to counter claim now that I have already filed my defence?

Regards

Benji330

[Diana M]

Re: Claim for expenses

The case got allocated to my local county court with a hearing set for August.
I filed my defence and the claimant suddenly discontinues the claim this week?!? What are my grounds to counter claim now that I have already filed my defence?

First of all well done on getting a Discontinuance.

You can't counterclaim against a claim which no longer exists (it's been discontinued).

This claim was in the Small Claims Track so costs would not normally be awarded except in exceptional circumstances. You may be able to make an application (there's a fee to pay for that) to the court for a Costs Order but you would have to prove the other side had been unreasonable in some way.

CPR 38.6(3) https://www.justice.gov.uk/courts/pr...es/part38#38.6

Di

[R0b]

Claim for expenses

Just to add, the very recent judgment of Willers v Gubay in the surpreme court on 20 July has indicated that there is a claim for malicious prosecution. Looking at the thread their argument rested on the fact that they claimed you made a payment in 2010 And then they suddenly discontinued?

If that's the case then although you wouldn't ordinarily get costs for a discontinuance unless unreasonable conduct has occurred. There could be a claim for malicious prosecution where they have had no reasonable grounds to bring a claim, if successful the. You could get an award for damages.

As the case is new however, there is no case law to identify how this is going to work in practice but it seems to be along the same lines satisfying the question of malice.

That is another possible route if you want to claim back some compensation.

[R0b]

Re: Claim for expenses

It doesn't require a criminal element to prove. If you take the tort of malicious falsehood for example, the meaning of malice is to make a statement that causes damage whether in spite or recklessly as to taking care to check whether the statement was in fact true.

So in this instance, the fact that the solicitors have brought a claim on the basis that a payment was made in 2010 and did not take proper care to verify the truth of it, the bringing about of proceedings is therefore malicious with the intent of causing damage to that person.

On top of that, if they felt they had a valid claim why didn't they pursue it and instead decided to discontinue?

[Benji330]

Re: Claim for expenses

It doesn't require a criminal element to prove. If you take the tort of malicious falsehood for example, the meaning of malice is to make a statement that causes damage whether in spite or recklessly as to taking care to check whether the statement was in fact true.

So in this instance, the fact that the solicitors have brought a claim on the basis that a payment was made in 2010 and did not take proper care to verify the truth of it, the bringing about of proceedings is therefore malicious with the intent of causing damage to that person.

On top of that, if they felt they had a valid claim why didn't they pursue it and instead decided to discontinue?

That was my thoughts exactly. What would I need to summit to the court or solicitors for any claim I would like to make?

[Diana M]

Re: Claim for expenses

What would I need to summit to the court or solicitors for any claim I would like to make?

I've taken a peek at your thread to check the history of this claim. It starts when you received the county court summons.

What happened prior to that?

Did you receive a Letter Before Action/Claim giving you the opportunity to say why the creditor (or their instructed solicitors) would be in the wrong to issue a claim against you? If so did you respond to that LBA with your reasons (debt SB)?

Did you receive any correspondence from the Claimant prior to that at an address where you live and the same address used for the county court summons?

The Claimant has discontinued the claim. Have you been given a reason for the Discontinuance?

You think it's because they now realize the debt is SB but it could be for other reasons.

Your answers to these questions may help you to decide whether or not it would be wise to bring fresh legal proceedings against Hoist.

Di

[Benji330]

Re: Claim for expenses

I've taken a peek at your thread to check the history of this claim. It starts when you received the county court summons.

What happened prior to that?

Did you receive a Letter Before Action/Claim giving you the opportunity to say why the creditor (or their instructed solicitors) would be in the wrong to issue a claim against you? If so did you respond to that LBA with your reasons (debt SB)?

Did you receive any correspondence from the Claimant prior to that at an address where you live and the same address used for the county court summons?

The Claimant has discontinued the claim. Have you been given a reason for the Discontinuance?

You think it's because they now realize the debt is SB but it could be for other reasons.

Your answers to these questions may help you to decide whether or not it would be wise to bring fresh legal proceedings against Hoist.

Di

Hi

Thanks for the rapid reply. I did not receive any letters warning me of the court action, I just received a county court letter saying that unless I defended or paid they were going to issue a CCJ against me.

The reason they have discontinued is because the debt is SB. I did not make any payment on the account for nearly 10 years. But they insisted that a £5 payment was made by me in March 2010! After sending them my defence and the proof that it was impossible for me to make that payment, eventually they wrote me a letter last Thursday saying they are discontinuing the case.

It has caused no end of stress and worry and the sheer fact it was a complete mess around! I cannot believe company's like this are aloud to just slap CCJs onto people, some people may have just rolled over and payed up.. Not realising that the debt is unenforceable.


Benji330

[Diana M]

Re: Claim for expenses

The reason they have discontinued is because the debt is SB.

. . . . It has caused no end of stress and worry and the sheer fact it was a complete mess around! I cannot believe company's like this are aloud to just slap CCJs onto people, some people may have just rolled over and payed up.. Not realising that the debt is unenforceable.

How do you know the reason for the Discontinuance was due to your debt being SB? Did they put that in writing when they discontinued?

I'm aware of another possible reason.

I'm playing devil's advocate here.

So how much are you thinking you should claim for your expenses and possible damages. Can you quantify this to see if it's worth pursuing the issue through court?

If you instigate proceedings the onus will be on you to prove your case.

In reference to your last paragraph I think you should be selfish and fight your own battle not everyone else's because each case is different.

Di

[Benji330]

Re: Claim for expenses

How do you know the reason for the Discontinuance was due to your debt being SB? Did they put that in writing when they discontinued?

I'm aware of another possible reason.

I'm playing devil's advocate here.

So how much are you thinking you should claim for your expenses and possible damages. Can you quantify this to see if it's worth pursuing the issue through court?

If you instigate proceedings the onus will be on you to prove your case.

In reference to your last paragraph I think you should be selfish and fight your own battle not everyone else's because each case is different.

Di

I have it in writing from hoist that it is SB. The solicitors Howard Cohen just sent the discontinuance sheet they sent to the court.

As for amounts I am not sure