Threatening letter after acknowledgement of service

RN61

Received thanks. Can anyone help with a copy of PCM VS BULL please? Links to Parking Prankster go to a dead website and online search unhelpful 

Trainerman

Try http://forums.pepipoo.com/index.php?act=attach&type=post&id=43971

Le_Kirk

I recall that one of the posters called @chris0147 used this judgment in their WS.  You might want to send a PM to that poster, who is still around on the forum, last active August this year and ask if they have the judgment in a format that they can send to you.  Also have you searched the forum rather than the wider world using Auntie Google?

Le_Kirk

I found the supplementary WS of @chris0147 and it links to this: -
https://us-noi.v-cdn.net/6031891/uploads/editor/m4/309inlmy2dt8.pdf
The judgment you want starts on page 48 (despite the contents showing page 47!) You might have to have a .pdf editor to split the judgment from the rest of the WS.  

RN61

Urgent advice please - late Notice of Discontinuance.

This afternoon 26th September I received Notice of Discontinuance from BW Legal dated 22nd, 4 days afterwards - but nothing from the court who presumably got it today as well. 

Had not received claimants statement. Spent hours preparing mine for submission tomorrow for hearing date 12th October. It included the following section.

Non-Compliance & Unreasonable Conduct

I have spent many hours reviewing documents, researching, making fruitless requests to the Claimant, their representative and others, and drafting documents, and have had two years of worry.

I intend seeking costs per CPR 46.5 and ask the court to make a finding.

To that end, I ask the court to broadly consider the conduct and non-compliance of the Claimant and their legal representative, and specifically whether:

This claim was fair and justified from the outset.

The response to my requests for clarification was appropriate.

The Claim Form was satisfactory in every respect, including the money claimed and the £110 legal fees.

Content of letters dated 19th April, 9th May, 20th October and 24th October 2022 was deceitful with a view to improperly persuading me to settle the claim by immediate payment, instead of continuing to fight in accordance with the rules.

My Defence requested that the hearing continues in the event of late Notice of Discontinuance.

How can I best encourage the court to do that?

Do I still have to submit statement or anything else to court and claimant on on or before 28th September?

Guessing that I should email the court tonight and phone them tomorrow. 

Thanks 

Coupon-mad

You can't. It's over.  YOU WON!

ANOTHER ONE BITES THE DUST!

Thank goodness you didn't send this which is dangerous as an accusation and not right:

Content of letters dated 19th April, 9th May, 20th October and 24th October 2022 was deceitful with a view to improperly persuading me to settle the claim by immediate payment, instead of continuing to fight in accordance with the rules. 

And this was wrong to question:

"and the £110 legal fees."

Nothing wrong with the fixed legal fee.

RN61

Really? Nothing I can do? 

Seems little point in advising that my original Defence should include request that the hearing continue in the event of late Notice of Discontinuance if that's toothless.

If I'd known that I'd just have paid the £60 like most people  rather than waste weeks of my life working on this over last two years 

Coupon-mad

Well you will already know from reading the NEWBIES thread that you can try (and how to do it) because this is covered in the costs section, with an example by @bluetoffee1878

I was just being realistic in my reply.  And warning you what NOT to put.  This is important. Some of what you were criticising was wrong (legal fees) and some was dangerous to you!  Accusing a firm of deceit will see YOU attacked for huge costs.

And they'd win.

Thank goodness you didn't.

RN61

All received. Thank you and all others offering advice, much appreciated 

RN61

Further to this.

As statement virtually complete anyway, I have edited it to remove the material highlighted as dangerous, added exhibits illustrating poor attitude and intransigence of Claimant and legal rep, and submitted same in time to rep and ccbcaq@hmcts.gsi.gov.uk by email.

With the following missive:

Dear Sirs

IN THE COUNTY COURT AT xxxx

CLAIM No:  xxxx

FOR HEARING x12/10/2023

Please find attached the Defendant's Statement relating to this Claim as ordered.

The Defendant repeats his previous request that a hearing as to costs be held in event late discontinuance is received by the Court.

Kindly acknowledge receipt.

Regards,

xxxx, Defendant