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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello there, A lady who I didnt know had wrongly accused

Resolved Question:

Hello there,
A lady who I didn’t know had wrongly accused me of conning her out of her money (around £7000). She made a claim to the county court against me and another guy, relying on internet searches (electoral roll, a fake private investigator statement and a web domain which was created fraudently with my name on its registry) which linked my name falsely to the guys who actually took the money from her.
Following the first hearing I submitted a defence with the help of a solicitor and asked her to prove her story, but before the second hearing, she dropped the case against me saying that she’s got her money from the bailiffs.
I am so angry and want to sue her to get my solicitor’s fees, but my solicitor said that I won’t get any thing from her.
My question is: can I make a claim against the lady and take her to court to get my solicitor’s fees and other expenses, as I didn’t have anything to do at all with the whole case which cost me a considerable amount of money, time and stress?

Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

In terms of the second hearing did you attend please?

Customer:

I instructed my solicitor, the hearing was on 31 Jan 14, on 30 Jan the lady dropped the case and told the court and my solicitor to cancel the hearing

Alex Watts :

Did your Solicitor apply for costs?

Customer:

no they didn't

Alex Watts :

Did the lady formally discontinue the claim?

Customer:

yes

Customer:

she sent an email to the court and my solicitor

Alex Watts :

Then all you need to do is make an application using form N244 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf for your costs

Alex Watts :

The rule is if someone discontinues then you are automatically entitled to your costs

Alex Watts :

You need to apply for a formal Court Order specifying the costs.

Alex Watts :

Then once you have this, if they refuse to pay you can enforce it.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

she wrote the following email:

Customer:

"I write in relation to the above matter.




 




The bailiffs made a full recovery of the debt outstanding from Lancaster Cars and released the money to me today. I would therefore kindly request the proceedings against ************ to be dismissed and the file to be closed."


Alex Watts :

Yes.

Alex Watts :

Keep the email and attach it to the application for costs.

Customer:

I received this email from my solicitor

Customer:

so what i should say in the application:

Alex Watts :

Just that the Claimant discontinued the claim and you seek costs as per the Civil Procedure Rules

Customer:

brilliant

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

should i write my name as claimant or defendant as in the case?

Customer:

many thansk Alex

Alex Watts :

No you are Defendant

Alex Watts :

All the best

Customer:

many thanks

Customer:

I will do just that

Alex Watts :

Please remember to leave feedback before you go today

Customer:

sure I will do

Alex Watts :

Thanks

Customer:

have a great day

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