Can i withdraw a small claime

luvpump · 1 December 2012 at 4:56PM

I issued a small claime against another person for £1900, dishonest executor of my late farthers estate, i have been informed that they will be counter claiming for the same amount .. I dont really want to go to court twice, so i am thinking of withdrawing the claim & with expect him to do the same. is that possible ? thanks for any replies ..

molerat · 1 December 2012 at 5:13PM

Yes, contact either the court where you made the claim or the moneyclaim online desk if you did it on the web. Others may be along to discuss the validity of what you are doing, the 2 cases may be heard together if they are linked.

miduck · 1 December 2012 at 5:19PM

luvpump wrote: »

& with expect him to do the same

You need to be sure he is going to withdraw his claim before withdrawing yours.

Buzby · 1 December 2012 at 5:38PM

Never cancel yours on the strength that the other party 'might'. What they might do is moot - if they wish to counter-claim that is their right, but as your action is already in process it will be heard first unless the court decides to link them.

If you cancel your action, no fees are returned.

zzzLazyDaisy · 2 December 2012 at 5:08PM

A counterclaim is heard at the same time as the original claim.

You file your claim. When they receive the court papers, they file a defence and if they wish to file a counter claim they do it on the same form. The whole case is then heard at the same time. It is common for defendants to file counterclaims to scare the original claimant into withdrawing the case.

Note: as you posted your query on the CAB board, I should also add that I am not an official CAB representative. The CAB does not post on this board at weekends. In the week, they aim to respond within two working days, so you should get an official CAB response in the next couple of days.

Hope this helps

Dx

Equaliser123 · 2 December 2012 at 6:30PM

If you are withdrawing on the basis that he withdraws, then this is known as 'drop hands'. You need a settlement agreement to cover this off and then - and only then - tell the Court.

Wywth · 3 December 2012 at 11:32AM

luvpump wrote: »

I issued a small claime against another person for £1900, dishonest executor of my late farthers estate, i have been informed that they will be counter claiming for the same amount .. I dont really want to go to court twice, so i am thinking of withdrawing the claim & with expect him to do the same. is that possible ? thanks for any replies ..

On what basis are they counter claiming £1900 from you?

CAB_Swansea_Bay_representative · 5 December 2012 at 11:39AM

Hi luvpump, thank you for your query regarding withdrawing small claim
Unfortunately currently we are only offering advice on debts and debt disputes that you owe not making claims for money owed to you but if you contact the court they should be able to tell you how to proceed or you can find more information at www.adviceguide.org.uk
Hope this is of assistance

luvpump · 5 December 2012 at 11:47AM

Wywth wrote: »

On what basis are they counter claiming £1900 from you?

xxxxxxxxxxxxxx

Wywth · 6 December 2012 at 2:54PM

luvpump wrote: »

Thanks for the reply.. ill sum it up this way if i may..

My brother & I have been involved in protracted legal battle since, earlier this year he tried to stiff me on my inheritance ( and my 2 sisters) I have got some some of the money back after two solicitors letters & the threat of going to a small claims court..
He is now claiming I owe rent on the property i lived in (my farthers) of about £1900, after being seriously ill in august 2010, I was off for about 5 months, my farther who I was looking after went into a care home shortly before, this was my home for about 20yrs & no mention was ever made about me paying rent on a property which was a 1/4 mine . We have all lost complete faith in him as an executor as he seems to think the inheritance (which should be legally divided between 4) was his, & pretty said so in a letter .
What he also fails to mention was that due to me lving at the property & my illness the council picked up my late farthers care cost, about 30k ! which normally would come out of the estate . the property was sold earlier this yr & i moved out into a council accomodation in july 2011
If this does go to a small claims court, does he have any standing ? Particular as I can demonstrate what a dishonest executor he has been ? cheers

It's not for an executor to decide how the estate is distributed; it's down to whatever your father put in his will. (once debts are settled). The executor would also be expected to make reasonable efforts to collect debts owed to the estate. If he doesn't, your two sisters may indeed have an issue with your brother.

I don't understand why your brother as executor would counterclaim for rent allegedly owed. If he has some evidence that youe owe the estate rental money, and you are not willing to pay, then I would have thought that should be a claim irrespective of what claim you may or may not claim is owed.
How is the non payment of rent connected with your original claim?

Normally, where social services pick up the tab of social care despite the person being cared for being liable for those costs, a charge would be put on the property involved. When the property is eventually sold, those with charges on the property are paid out first.

Can i withdraw a small claime

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free