County Court fee - application to set aside discontinuance of claim

rachity

Good afternoon all

To pre-empt the obvious (why would D want to set aside C's application for discontinuance?)

Ans ..If C has aggressively chased a dodgy pcn through all stages inc debt collectors & court, not giving a damn about the stress & time & effort D has been subjected to, plus the time & cost to the court, why should C be allowed to slither out of doggedly pursuing a hopeless case at the last knockings without any recourse to themselves?

I believe the above application is under CPR 38.4.

But is this the correct app & fee? (£30)

3.11	Application within proceedings (by consent/without notice)

Thanks

Coupon-mad

No this isn't 'by consent'. I think it will be £313 for an application with a hearing, or £129 without.

Applying for costs after late discontinuance is already in the BlueToffee example linked in the NEWBIES thread.

And the new case of Orton v Barclaycard that we posted about last week is worth citing,

rachity

Coupon-mad said:

No this isn't 'by consent'. I think it will be £313 for an application with a hearing, or £129 without.

Applying for costs after late discontinuance is already in the BlueToffee example linked in the NEWBIES thread.

And the new case of Orton v Barclaycard that we posted about last week is worth citing,

Thanks @Coupon-mad

That will teach me to read more carefully in the future.

(Mitigating reason....Old age (I'm over 70 now, you know...... )

£30....it was worth thinking about.

£300+.....less so.

I guess I could seek their consent....I'm sure they will be obliging.

Not.

Coupon-mad

No but the example in the newbies thread cost nothing.

rachity

Coupon-mad said:

No but the example in the newbies thread cost nothing.

Thanks for the 'Blue Toffee' nudge.

I've just read the thread.....interesting & informative

I'm flabbergasted at the low costs award, though....I would have thought that CEL's behaviour well exceeded the 'unreasonable behaviour' threshold.

Everything seems to be slanted in the Claimant's favour.

Car1980

Yes, I would just send a letter to the judge.

Along with Orton v Barclaycard, I would also quote Excel Parking Services v Robinson.

And, assuming they used DCB Legal, I would explain their modus operandi of using the court system as a cheap debt collection service for their various clients because they never had any intention of taking it to a hearing and that they have discontinued 500+ cases to date https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p106