OPS - Vantage Point

fishsoup

Umkomaas said:

Remind us - what was the date of the court hearing, and what was the date of discontinuation please?

21st Sep hearing - their letter is dated 21st Sep too.

Why didn't anyone tell me on the day?? Time wasters! 

I don't understand their mentality to go through the whole process, waisting both of our time, then they pull out on the day. What's the point in that?

Do they maybe wait to see what Judge will be called? 

I saw they had multiple cases on that day and the day after, so they commonly waste the courts time, why are they not banished/punished for doing this? surely they are widely known for doing this?

How does it get to court in the 1st place if they pull the same tricks all the time?!

Coupon-mad

You should claim your costs for unreasonable conduct - discontinuing on the day of the hearing, after you suffered loss of leave (claimable as per the CPRs).

Copy this example:

Premier Park Ltd ordered to pay £500 in costs for unreasonable late discontinuance at Southampton County Court (includes all orders and judgment transcript following his application for a costs hearing:  Premier Park v S Jones):

https://forums.moneysavingexpert.com/discussion/6271727/residential-pcn-premier-park-ltd-ordered-to-pay-500-in-costs-at-southampton-county-court

The letter to the Judge asking for costs is there and you can refer to the right part of the CPRs.

Copy in OPS' solicitor to your email and also attach the notice of discontinuance as proof of the date on it, in case they sent an earlier one to the court.

Jenni_D

Is discontinuing on the day an abuse of the court process and against the CPRs?

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38 seems to be the part of the CPRs about discontinuing a claim, but I can't see any notice period. There is a section about defendant costs - section 38.6 - although 38.6(4) suggests these don't apply in the small claims track.

Edit: C-m's post arrived while I was researching/typing.  

95Rollers

fishsoup said:

Umkomaas said:

Remind us - what was the date of the court hearing, and what was the date of discontinuation please?

21st Sep hearing - their letter is dated 21st Sep too.

Why didn't anyone tell me on the day?? Time wasters! 

I don't understand their mentality to go through the whole process, waisting both of our time, then they pull out on the day. What's the point in that?

Do they maybe wait to see what Judge will be called? 

I saw they had multiple cases on that day and the day after, so they commonly waste the courts time, why are they not banished/punished for doing this? surely they are widely known for doing this?

How does it get to court in the 1st place if they pull the same tricks all the time?!

Pretty much everything you've said sums it all up and sums up what is wrong with the system.  Serial litigators flushing through spurious claims through the court system in the hope people are either frightened into handing over their money or hoping that the defendants don't engage so they get a default CCJ or pulling it last minute if they don't feel they can win it based on their victim's WS or a Judge who they believe is going to ask difficult questions (hence the last minute bottling out in order to mitigate the risk of a spanking in court and having to cover their victim's costs !). It totally smacks of this to me! They need to be held accountable for their behaviour by the courts. A South Coast based Judge was looking to slap them with a civil restraining order - but unfortunately this didn't happen. But totally should of!  Do you know which Judge was assigned?  Their name is mud with a lot of judges.

fishsoup

95Rollers said:

fishsoup said:

Umkomaas said:

Remind us - what was the date of the court hearing, and what was the date of discontinuation please?

21st Sep hearing - their letter is dated 21st Sep too.

Why didn't anyone tell me on the day?? Time wasters! 

I don't understand their mentality to go through the whole process, waisting both of our time, then they pull out on the day. What's the point in that?

Do they maybe wait to see what Judge will be called? 

I saw they had multiple cases on that day and the day after, so they commonly waste the courts time, why are they not banished/punished for doing this? surely they are widely known for doing this?

How does it get to court in the 1st place if they pull the same tricks all the time?!

Pretty much everything you've said sums it all up and sums up what is wrong with the system.  Serial litigators flushing through spurious claims through the court system in the hope people are either frightened into handing over their money or hoping that the defendants don't engage so they get a default CCJ or pulling it last minute if they don't feel they can win it based on their victim's WS or a Judge who they believe is going to ask difficult questions (hence the last minute bottling out in order to mitigate the risk of a spanking in court and having to cover their victim's costs !). It totally smacks of this to me! They need to be held accountable for their behaviour by the courts. A South Coast based Judge was looking to slap them with a civil restraining order - but unfortunately this didn't happen. But totally should of!  Do you know which Judge was assigned?  Their name is mud with a lot of judges.

I have no idea who the judge was supposed to be, I'd didn't hear anything, they just wasted my time.

Somebody could have informed on the day, either the court or their solicitors, very frustrating. 

I will follow coupon-mads advice and put a claim in.

D_P_Dance

I would be seeking compensation from the Court Service and taking the PPC to court, read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

95Rollers

Absolutely. They've had 2 and a half years to decide what to do with this (and countless other cases). It actually feels perverse and sadistic that they want to keep you stewing right up until the 11th hour.  My reasons for saying this is based on the dialogue from the company they instructed whose veiled-threat letters/ well documented behaviour in Can't Pay Take It Away (which is their brand's USP!) and my interactions with them on the phone. 

They keep pushing on these cases knowing full well they have had endless similar cases struck out for an Abuse of Process - so rather than learn and take this on board they keep chancing it by flushing more weary spurious tosh through the court system on a wing and prayer that the victim will pay them off with their added unlawful and extortionate fees.  Plus it is known that when it does actually go to court they have zero to nil game plan with inaccurate photos from earlier or later dates with the obligatory plagiarised copy and pasted WS so its highly unsurprising they pull cases at the last minute if you've got good evidence and haven't cracked under the prolonged psychological pressure their debt/legal subcontractors have subjected you over the years!

I argue this behaviour is an abuse of process - they have had the WS in their possession for weeks and know what your stance was/ is so either see it through or pull it early on!  It is a complete waste of your time and the courts sing this lax approach.  That is like a member of the public making an allegation to police, pressing for charges then failing to turn up as a witness or give a statement when they've never had any intention to see the matter through whatsoever.

Re: the Letter of Discontinuance

...do you have the Envelope your letter came in as there should be a postage mark/ dated franking stamp on it.  I am assuming you are based in Brighton and they are in Worthing.   Despite the short geographical distance it seems doubtful to me that it would of been posted and got to you in under 24 hours! 

I suspect its highly unlikely that they posted it the day before - even if they did they had a whole day to let the court know and you. I would suspect that they formed this decision before the Monday or even if was on the made on the day then it would have been at the start of play for it to get to you in post.  Plus even it sent on the 21st it would have yo be the expensive special delivery service because that would be the only way og ensuring it would get to you.  If you can find envelope then check for a date and retain this exhibit. 

Also email your local Post Office depot to find out delivery turnaround times for the area (do it in Email so there is an audit trail). This will strengthen a case against them and complaints to court etc. If they have dated the letter 21/9/21 and it was sent before then is a falsified document!

Coupon-mad

It's not putting a claim in, don't call it a claim.  The linked thread shows you how to word it.  Act very quickly, within days.

95Rollers

I would also formally check with the court and ask for confirmation it's been binned as I personally just don't trust OPS.

fishsoup

Coupon-mad said:

It's not putting a claim in, don't call it a claim.  The linked thread shows you how to word it.  Act very quickly, within days.

I have done this about 6 weeks ago, I still haven't heard anything back from the court.  Does anyone know what the process is for getting a decision on the reimbursement of costs?

I did get a response from DCB yesterday - 6 weeks after I sent the document to the court -  rejecting the costs, which is no surprise.