residents group Claim Form for outstanding service charges **CLAIM DISCONUTINUED**

[Ganymede]

Hi,

 

When you say "drop it" what do you mean? Did the Claimant file a Notice of Discontinuance?

[MissVix]

Hi,

 

Apologies, should have made it clear. I have a letter from the claimant claiming this to be the case, although I didn't receive a letter confirming this from the court, only from the claimant.

 

This was over a year ago, and I've heard nothing since.

Should I have received a letter from the court to confirm?

[AndyOrch]

If it was a Discontinuance then they can whistle for their costs, subject to which Track the claim was placed you are also entitled to your Wasted Costs.

 

Regards

 

Andy

[MissVix]

Thanks Andy, much appreciated.

Assume I can contact the court in question and confirm the discontinuation? I've a letter from the claimant confirming that they were going to file for discontinuance.

 

If this is indeed the case, how would I reject the costs?

 

I've done so in writing several times but the new company (to whom the account has been passed) believe them to be legitimate costs despite my protestations!

[AndyOrch]

Verify that a NoD was submitted to the Court firstly and not simply a case of being withdrawn....in reality though either way you should consider your wasted costs assuming this would have been a Fast Track claim.

 

Regards

 

Andy

[MissVix]

Thanks Andy I found the NoD

- I was actually scanned a copy of it as well as being sent it hard copy.

 

It's a Discontinuation in full, not just an agreement.

All for charging for my wasted costs as you suggest

- but how can I get their legal costs dropped from my bill?

 

The account in full has been passed to a new company, with itemised bill listing the legal costs.

Thanks again

[AndyOrch]

Dispute the bill on the basis of the NoD inform the new company why you are disputing it and state that any legal actions would be defended vigorously on that bases.

 

Andy