Started a MCOL process regarding a company that sold me a faulty product. Was declined a refund within 30 days.
The defendant filed his defense. Then it came to the allocation Questionnaire, where he failed to give it in on time. The case was struck out in my favor, he then applied to have it set aside. The set aside date is upcoming and after researching it seems the defendant has closed his place of business, and it’s sitting empty.
With realisation the case is now a non-runner, with bailiffs not going to be able to recover anything. I’d like to discontinue this case. I’ve filled out the N279 form ready to send but I understand if I discontinue, I’ll be liable for costs from the other party.
The case has been allocated to my local county court but It’s not in writing that my case has been allocated to small claims track.
I know it’s likely it’ll be treated the same if I send the form N279 but I can’t afford to be hit with more fees requests from the defendants solicitor.
my question is, at what stage does a case get allocated for small claims, after the set aside? And is it worth waiting for the set aside for it to be over and then to send the form, when the case is allocated.
many thanks