Claimant question - small claims online

bodhisattva

Hi guys,

I’m taking a company to court after reviving some trrrible training that was sub par to as the least.

Thus far, the defendant has failed to respond to the final letter and as a result was given a CCJ. They have had to pay £250 to attend court and have this removed.

I have finally been given a court date but have decided that I no longer wish to pursue due to the stress of it all. A year has now passed and I want it all put behind me now.

I have just read the letter stating the court date. It says that I have until April 9th to pay for the court hearing or it’ll be thrown out. It also says that, unless states otherwise, I’ll be responsible for defendant fees!!!

Please can someone advise what on earth this means?! How on earth can I be responsible for any fees of theorsB confused!

I plan to call first thing tomorrow but needed some advice first!

Thanks!

bodhisattva

Sorry for the bloody phone typos!

waamo

Your post doesn't really make sense. It sounds like you have a judgement in default against the company.

In which case why is there a court date?

Aylesbury_Duck

Yes, you are liable for the defendant's costs incurred up to the point you discontinue the claim process. Why wouldn't you be? Otherwise you'd have people starting spurious actions and then withdrawing at the last minute as a means of punishing the person they're claiming against.

bodhisattva

What costs would these be? The £250 that they had to pay because they didn’t return a form?

waamo

bodhisattva wrote: »

What costs would these be? The £250 that they had to pay because they didn’t return a form?

If you have a judgement in default there will be no court date. Exactly what forms have you received?

Has the company applied (and obtained) a set aside and had everything set back to the start?

bazzyb

Is the date for a set aside hearing? If not, what?

bodhisattva

The defendant failed to return their DQ so incurred a CCJ. They paid £250, went in front of a judge and the CCJ was removed. It was set back to where we were, yes.

Since then, a court date has been set. There is no default.

I’m asking if I’ll be liable for their non-receipt fee/CCJ removal of £250

waamo

Right got you. Thanks for the clarification.

It depends is the answer. They can apply for it but it's not automatic it will be given. Even if they get a refund it can come from the court rather than yourself.

If you discontinue there is a higher possibility of it happening but it's still unlikely you would have to pay. If you continue it's extremely unlikely you will have to pay as the fees are to pay the court.

In other words it is possible but it's unlikely.

bodhisattva

Thank you so much.

I was worried that I’d be responsible for paying them which seems highly unfair.

Fees incurred are one thing, but ignorance on their part shouldn’t be my problem to have to deal with. So it’s the court that generally pays this if indeed returned?

I just don’t want the stress of it. I really dont.

waamo

Usually. If you file a notice if discontinuance then it's almost impossible for them to get it off you.