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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.
In terms of the second hearing did you attend please?
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
Did your Solicitor apply for costs?
no they didn't
Did the lady formally discontinue the claim?
she sent an email to the court and my solicitor
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
The rule is if someone discontinues then you are automatically entitled to your costs
You need to apply for a formal Court Order specifying the costs.
Then once you have this, if they refuse to pay you can enforce it.
Can I clarify anything for you about this today please?
she wrote the following email:
"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."
Keep the email and attach it to the application for costs.
I received this email from my solicitor
so what i should say in the application:
Just that the Claimant discontinued the claim and you seek costs as per the Civil Procedure Rules
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should i write my name as claimant or defendant as in the case?
many thansk Alex
No you are Defendant
All the best
I will do just that
Please remember to leave feedback before you go today
sure I will do
have a great day