Notice of Discontinuance - I have had this welcome notice drop through the door this morning re. a statute barred debt. The claimant is no longer pursuing their case and a copy has been sent to all parties including the court. I did not claim costs on my defence form but am left out of pocket as I took legal advice and had to pay for it. Would you advise I claim any money back for my costs and if so how? Thanks.
Having reread previous posts to be honest I think you would be pushing your luck.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
I think that just means they are not pursuing your claim. You need to get the Court to award your costs. Why don't you think of it as it cost you a little money but the result was that the claim was discontinued.
Thanks for your reply Lisa. How would I get the court to award costs? I try to phone the court number but it rings off every time. Is there a form I have to fill in? What is the procedure?
Thanks for your reply lifenoteasy. ‘Luck’ is not something I readily associate with ‘Law’.
A couple of things spring to mind. The Claimant had already added his costs to the debt that he was claiming so why shouldn’t I do the same? I don’t think I am being unreasonable. Also, we had already entered into litigation by the fact that the Claimant had issued the Claim and then they changed their mind, so I would argue that all my costs were recoverable as I played no part in what they were doing or influenced proceedings in any way.
On saying all that, I also read that solicitor’s cost for small claims are generally not recoverable so this is why I have asked for some guidance.
I realise that this is the IVA forum so maybe my questions are a little off base, but I have received better advice here and from browsing the internet than I did from my solicitor, so I sincerely thank you all for your opinions.
Last edited by Rob.02 on Sat Nov 21, 2015 11:30 am, edited 1 time in total.
The law is an ass, subject to change and there is always an element of random chance when dealing with it (luck).
People who contribute on the forum generally come from the school of hard knocks where the law is concerned.
I would say weigh up the cost of the advice against the cost of the claim against you - if it wasn't (comparitively) that high then think twice about further action.
Sometimes the more you push on something the more it gives legitimacy to the other person.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Rob.02
Thanks for your reply Lisa. How would I get the court to award costs? I try to phone the court number but it rings off every time. Is there a form I have to fill in? What is the procedure?
Thanks for your reply lifenoteasy. ‘Luck’ is not something I readily associate with ‘Law’.
A couple of things spring to mind. The Claimant had already added his costs to the debt that he was claiming so why shouldn’t I do the same? I don’t think I am being unreasonable. Also, we had already entered into litigation by the fact that the Claimant had issued the Claim and then they changed their mind, so I would argue that all my costs were recoverable as I played no part in what they were doing or influenced proceedings in any way.
On saying all that, I also read that solicitor’s cost for small claims are generally not recoverable so this is why I have asked for some guidance.
I realise that this is the IVA forum so maybe my questions are a little off base, but I have received better advice here and from browsing the internet than I did from my solicitor, so I sincerely thank you all for your opinions.
The claim has been discontinued. I believe the only way you could get an order for your costs would be for the Court to award you these as part of the court process. As this is not going ahead I can't see how you would get such an award unless you start your own claim.
