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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have attended a PTR, it appears I would have to send in a

Resolved Question:

I have attended a PTR, it appears I would have to send in a request to alter my claim for possession due to rent arrears, to possession for breach of clauses within our 'Agreement'. It was sent by solicitors previously and stated I had requested payment for the arrears. This was untrue and not what I had asked the solicitors to do. I have only just received a copy of the 'Particulars' from the defendants solicitors. I believe we now have agreed terms for a settlement 'in principal'. I do not wish to send in an amended claim but would prefer to 'drop' proceedings. Do I have to wait for settlement to occur or can I call a halt now? It is my belief I have come to an arrangement with the other side re their costs, would I have incurred costs to the court as well? If so can I ask for time to pay?
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 :

Do I have to wait for settlement to occur or can I call a halt now?- it is a matter for you. You can do either. But if the Court has ordered an amended claim be filed within a specific time you need to do that.

Alex Watts :

It is my belief I have come to an arrangement with the other side re their costs, would I have incurred costs to the court as well? - only if you discontinue the claim. If you have not discontinued the claim then you do not have to pay their costs.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

How do I find out, how much the court costs would be? I know I have to settle the defendants costs, but we are coming to an arrangement on those. Can I discontinue the claim without the need to send in an amended claim? It needs to be sent within a day or so and I am unwell and not up to the task. Is there a specific form for the discontinuing of a trial?

Alex Watts :

You can ask how much the costs would be.

Alex Watts :

You can discontinue and that ends the claim.

Alex Watts :

http://wbus.westlaw.co.uk/forms/pdf/cpf00200.pdf

Alex Watts :

Does that clarify?

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