UKPC - County Court Claim Defence and Process

IndigoMondayToyota

Called up the court, and they said the case was discontinued.

I asked why, they said they didn't know and to contact the Claimant to find out why.

I also asked if they filed anything with the court, and it doesn't seem like it.

As you can imagine, I'm relieved however a little apprehensive to celebrate early!

My questions are:
- From your experience, any reason why it would've been discontinued?
- Should I contact the Claimant, UKPC, or even SCS Law to find out why?
- Should I still file my defence bundle?

System

- From your experience, any reason why it would've been discontinued?

Lots of these claims are looking for soft touches. A "win" doesn't cover their costs

- Should I contact the Claimant, UKPC, or even SCS Law to find out
why?

You may want to go back to the court and ask the date of the discontinuance. You may be able to ask for costs if they left it late.

- Should I still file my defence bundle?

I'm sure the hamsters at the court would welcome new bedding or the cats, new cat litter.

The_Deep

From your experience, any reason why it would've been discontinued?

Perhaps they have just seen this

http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066

IndigoMondayToyota

Perhaps...

Gave them another call, and they said it was filed on 22nd September.

If it was filed so early, surely I would've been told about it by now by the court?

Dare I contact the Claimant? Or will they just tell me to FRO?

Also, I was really looking forward to handing them new bedding and nibbles :rotfl:

IndigoMondayToyota

Also worth mentioning, I check MCOL regularly, and it never said anything about it being discontinued. Just the fact that it's been assigned to the county court near me.

So what to do now? Have a beer and celebrate?

If so, do you want my case reference?

bod1467

I'm not sure a case reference for a discontinued case would have any relevance or weight unfortunately, but thanks for the offer.

DoaM

It seems the above poster has been PPRd with a permanent ban.

MSE in their usual way have failed to explain their stance in any way whatsoever. No doubt they sent the above poster a PM about this ... which he'll never be able to read!

IndigoMondayToyota

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.3

With reference to 38.3 (1) (b), and 38.3 (2), the Claimant must serve a copy of the discontuance to every other party of the proceedings.

As they've failed to do this (and no, they haven't sent me an email as I have never given this to them), would it have been SCS Law/UKPC or the court that should've issued this by post?

DoaM

The Claimant (UKPC) should have done so (or their appointed representative - SCS Law in this case) ... the Court would not do so and have no obligation to do so.

Coupon-mad

IndigoMondayToyota wrote: »

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.3

With reference to 38.3 (1) (b), and 38.3 (2), the Claimant must serve a copy of the discontinuance to every other party of the proceedings.

As they've failed to do this (and no, they haven't sent me an email as I have never given this to them), would it have been SCS Law/UKPC or the court that should've issued this by post?

Yes, the solicitors should have served notice of discontinuance. Personally I would want an email from the court to confirm, not a phone call, then send that email to SCS Law and ask why they didn't advise you that this matter was discontinued, as you have wasted time on this matter and are minded to report them to the SRA for their calculated misleading conduct throughout.

Oh, and please join our campaign (in writing, letters by snail mail) telling your MP and Mrs May what you have been through here:

http://forums.moneysavingexpert.com/showthread.php?t=5524754&page=6

You have escaped it at last but look what you have been through, how your life was overrun by these rats. Explain why this industry and their robo-claim solicitors and their new 'credit clamping' threat to consumers (months and years after an unfair PCN was issued and with no cause of action) is ten times worse than car clamping ever was. Think how many people are paying up.