Letter of Claim after 3 years

Coupon-mad

This first letter is fully covered by the first 12 steps in the first post of the NEWBIES thread.

Friendly87

Hi, 

I received following message from parking company solicitors. It’s a good news that they withdraw claim. However,  I received a letter from the court requesting WS submission by 27th April. 

1. As the claim is withdrawn , do I have to do anything from my side ?

Thanks 

———————————————

We act for the Claimant in the above matter.  

Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.  

 The attached has also been filed with the Court.  

We will now proceed to close our file accordingly. 

—————————

Fruitcake

Confirm with the court that it has actually been discontinued. Keep that letter safe.

Until you get something from the court in writing, you should assume the case is still going ahead. It won't be the first time a defendant has received a judgment in default because they believed what the PPC had told them.
Point 1 and Exhibit 1 of your WS will be their letter of discontinuance.

KeithP

You don't have to do anything, but it might be prudent to check with the court - give them a ring - that the case has actually been discontinued.

@Umkomaas will be interested to read about this DCBL discontinuance. 

Friendly87

Hi,

I write to the respective county court regarding  the discontinued  case and still waiting for the reply. tried calling the court few times no one answers the phone even after 1 hour holding   
My WS submission date is 25th April. if i dont hear from the court shall submitte the WS just with Claimant’s N279 Notice of Discontinuance and the email they send to me as Fruitcake suggested ?

thanks again


 Fruitcake said:

Confirm with the court that it has actually been discontinued. Keep that letter safe.

Until you get something from the court in writing, you should assume the case is still going ahead. It won't be the first time a defendant has received a judgment in default because they believed what the PPC had told them.
Point 1 and Exhibit 1 of your WS will be their letter of discontinuance.

KeithP

Friendly87 said:

Hi,
I write to the respective county court regarding  the discontinued  case and still waiting for the reply. tried calling the court few times no one answers the phone even after 1 hour holding   
My WS submission date is 25th April. if i dont hear from the court shall submitte the WS just with Claimant’s N279 Notice of Discontinuance and the email they send to me as Fruitcake suggested ?

thanks again


 Fruitcake said:

Confirm with the court that it has actually been discontinued. Keep that letter safe.

Until you get something from the court in writing, you should assume the case is still going ahead. It won't be the first time a defendant has received a judgment in default because they believed what the PPC had told them.
Point 1 and Exhibit 1 of your WS will be their letter of discontinuance.

Yes, just follow the guidance that @Fruitcake has already given you.

Friendly87

hi,

i have prepared the following witness statement as for discontinued case. 
1. is it sufficient ?
2. i email it to the County court. should i email  it to the claimant too?

thanks again 

KeithP

No I don't think it is enough.

Your Statement of Truth starts "I believe that the facts stated in this Witness Statement...".

There are no facts stated in your Witness Statement.

Friendly87

please explain , i thought as the case is discontinued by the claimant. I just have to communicate it to the court . 
what  additional information should i add? 

thank you 

KeithP

Friendly87 said:

please explain , i thought as the case is discontinued by the claimant. I just have to communicate it to the court . 
what  additional information should i add? 

thank you 

Well at the very very least I would expect to see a paragraph 3 something along the lines of...

3. The Claimant has discontinued this Claim. Please see their Notice of Discontinuance in Exhibit xx-01.

...or words to that effect.