CCJ after CN

Umkomaas

Don't think it'll be a rep though as it's a phone hearing; rather it'll be the ppc owner.

That will be a rare bird indeed. Not many PPCs will expose themselves to any questions from a Judge in a trial setting!

tommoCF

Got a notice of discontinuance from Gladstones a few days ago. Telephone hearing date was few weeks away.

Firstly, massive thanks for all the guidance and expertise from the regulars and others on here. Your kind support has enabled me to get to this stage, for which I am hugely grateful.

I'm also relieved, and realise that it's a  kind of 'default win'.. But it doesn't feel much like a win (imagine this may well be a common response). Aside from the gratitude and relief, I'm mainly left feeling annoyed..

I've been looking through related threads to weight up options from hereon, in terms of chasing costs. I included a costs schedule with my defence/WS, and also the request at the end of my defence for any hearing to continue as a costs hearing in the event of late discontinuance.. (but I guess this isn't late?), and that I seek a finding of unreasonable behaviour.  Thinking of writing directly to the judge directly re claimants unreasonableness, or possibly even putting in a MCOL myself. 

Also just looked up the discontinuance CPRs and noted 38.4:
"(1) Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside(GL)."
Wondered how that set-aside application process worked and whether it's worth doing at all? Many thanks again

 

D_P_Dance

Got a notice of discontinuance from Gladstones a few days ago.

If you think that they have wasted your time considwe wasting theirrs, read this

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

Jenni_D

Check with the court that they also received the notice.

Le_Kirk

tommoCF said:

Also just looked up the discontinuance CPRs and noted 38.4:
"(1) Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside(GL)."
Wondered how that set-aside application process worked and whether it's worth doing at all? Many thanks again

Did you see if there are any costs associated with that set-aside?  It might be up to £275 and would you be able to get all or any of that back if you prove unreasonable behaviour?

Coupon-mad

Also,they might argue you are acting unreasonably to oppose a discontinuation that ends the litigation and is therefore in your favour.

Anyway, you won! 

ANOTHER ONE BITES THE DUST!

tommoCF

Many thanks again. I called the court yesterday to check they received the discontinuation notice, which they have.

Also asked if there's a charge to apply for the discontinuation to be set-aside .. they told me they couldn't provide legal advice but there would likely be a charge. Good point about whether I'd be able to get that cost back Le_Kirk - fair chance not, I guess..

Also noting what you mention about appearing to be acting unreasonably myself Coupon-mad, I think I'll avoid that route.

And yes indeed - ANOTHER ONE BITES THE DUST! (thanks to your good selves)

tommoCF

Hi again, so I didn't apply to set aside the discontinuance, after guidance kindly given by Coupon-mad and Le_Kirk, as above. Instead I wrote to the judge regarding CPR r38.6 not applying to matters alloceted to the small claims track, as that seems unjust.
Took a long while to hear back, but eventually the court sent a direction amending the previous judge's order which had originally allocated the claim to the small claims track.
So now there's a new date been sent for the 'small claims by telephone' (the letter is headed 'Notice of small claims'). I was quite surprised to get this and wondered if it's usual? Also wondered what the specific difference is between 'small claims track', and just 'small claims'?
Main thing I was hoping for advice on is whether to stick with the same defence and WS + evidence I sent previously or add/change anything? Thinking along the lines of evidence of abuse of process/unreasonable behaviour.
Many thanks as always 

Umkomaas

I haven't read back through the thread, you had a discontinuation, but, as a result of you writing to the court a Judge has reopened the case and you now have to defend a charge that had already been extinguished?  Is that right?  Looks like a case of snatching defeat from the jaws of victory! 😳

Also wondered what the specific difference is between 'small claims track', and just 'small claims'?

No difference - 'Small Claims Track' is the correct term. 

Le_Kirk

Hmm have to agree with @Umkomaas, however, you seem to have achieved what you want in that the case will now continue to a hearing and you should be able to ask for costs IF you win.  Since the claimant discontinued, they must be feeling vulnerable and the chances of winning for you might be better than 50/50.  What does the new letter say about defence and witness statement?