Managing Agent leasehold Property 4th Court Claim same issue.

[DonkeyB]

The process of finding all that out may be a tricky one. Not sure an SAR would cover it. I think it will need some very specific letters, and maybe the odd recorded phone call.

 

Phone calls are useful, because people tend to be more honest when confronted. Such recordings would be useful because once an organisation realises it may have botched up, the backpedalling and denials start very quickly indeed. And a record of the truth is useful to have, to counter any claims of ‘admin error’.

[BlurredFX]

The process of finding all that out may be a tricky one. Not sure an SAR would cover it. I think it will need some very specific letters, and maybe the odd recorded phone call.

 

Phone calls are useful, because people tend to be more honest when confronted. Such recordings would be useful because once an organisation realises it may have botched up, the backpedalling and denials start very quickly indeed. And a record of the truth is useful to have, to counter any claims of ‘admin error’.

 

I think I'd rather fight it out in Court than have to go through the Ombudsman and who only knows what else before I get anywhere, but if that's what it takes... I should imagine any Court action I start would be stayed until the Ombudsman had had his say, should I try it that way. Though I should hope there would be a wealth of experience of that around the site.

 

The other thing the DJ was uncertain about was if the previous LL had joined the action at the last minute when it came to s146 possession etc., and I could not tell him that the LL had not (I was on life support). I am reasonably certain that the LL did not join the action - just the way everything has gone - but I do need to know that info for certain as well

 

.

[andydd]

The 'rules' on this situation involving mortgage companies is not very clear, in fact I dont believe there are any rules at all.

 

If there is anyone out there not following this, what happens is that a freeholder writes to the mortgage company 'claiming' that the leaseholder owes money and also 'claiming' that he may follow the s146 forfeiture process, IF (and its a very big IF), the Fh were to be fully succesfull, then the leaseholder would lose his home, and almost certainly not be able to pay back the mortgage company, the mortgage company could face huge loses (perhaps a few 100 grand), as unless the LH was very rich he would never be able to pay it back and he now has no equity.

 

So its not surprising that when a letter arrives from the FH, some mortgage companies are quick to pay up (added the amount to the mortgage), but really the mortgage company should ensure that the full court/lvt process has been followed and the amount is owing or more specifically, a breach has occurred (this can be granted not just for non payment but for any breach of the lease, keeping pets, playing loud music) AND that the Fh has followed the S146 process fully, even then it is extremely rare for forfeiture to be given.

 

Mortgage companies all act different, some pay up straight away, some dont, some correspond with the LH a lot and are helpful, some appear to be useless. When I was in same situation, my lender did write to me, alas this was before I was the consumer savvy/fight back person I am today and I just allowed them to pay up.

 

Andy

[BlurredFX]

I have been enjoying a week for the first time in a long while where this has not been hanging over me like it was. Also managed to deal with a couple of other longer term issues as well, so things are feeling rosy this week! The sun helps massively.

 

I have also been trying to give some back-of-the-mind time to consider how perhaps best to handle this situation I am now in.

 

The 'rules' on this situation involving mortgage companies is not very clear, in fact I dont believe there are any rules at all.

 

 

Mortgage companies all act different, some pay up straight away, some dont, some correspond with the LH a lot and are helpful, some appear to be useless

 

Between those two statements, I believe you have summed up my quandry wrt the Mortgage Co. I think they pay everything, then deal with the 1% that become an issue, as and when. Cheaper that way I should imagine?? Maybe. Who knows.

 

When the DJ WASN'T giving me any advice, he did say that the Mortgage Co had a "duty of care" to me and MY money - after all they cannot simply go giving it out to anybody who might ask for it. While I can appreciate it wasn't fully guided advice and what not, he seemed to say I should pursue the mortgage co as I am "clearly very capable", and because they (mortgage co) did have a "duty of care" towards me. He kindly offered to strike out my counter-claim on that basis, so he was obviously happy with his own reasoning. He also offered to adjourn it indefinitely, to give me as many options as required - which is the option I took.

 

I also need to find out if they ever applied for s146 possession. How would I find that out? The DJ wasn't sure if they had.

 

I am thinking it might be best to act a bit daft with the Mortgage Co, and phone them up (recorded seems to be the order of the day) asking for explanations etc. Get them to post copies of their documents out. Maybe the best first step would be to rifle through my disorganised paperwork and see what lays there. I only recall one letter, but there may have been others. Hmmmm.

 

As for the Rogue Management Co, I think I want to go for them for costs - simply to continue in my efforts to get everyone to see that this situation cannot continue. There are two non-payers, me and someone else, and both have seemingly fought off legal action - with the exception that they went for me when I was in hospital. So I need to go for them, as a court order, even for a few hundred in costs, combined with the other facts of the case (such as the building looking pretty unkempt, and double glazine units rotting through), might finally persuade people to my thinking.

 

Either way, I am not paying the service charges, and the gardens are getting done, so it's not all bad... but it needs sorting.

 

Based on my possibly quite garbled thought process above, I am thinking I should.

 

1) See what paperwork I have, and post it up here.

2) Phone (recorded) the mortgage co, and see what I can garner.

3) Report back here and consider further what options there may be.

 

I would also like to go back to Court for my costs in the case that has now been adjourned. I have an order saying they are paying costs, but I think that is not something I can enfore. DonkeyB said earlier that

 

I don’t think you’ll hav a problem getting your costs awarded by the court.

 

Your problem is in enforcing...

 

I am not bothered about the money, per se, what I want is the ability to bang a drum loudly and make people listen. By summoning the Director to Court, for example!

 

How would I go about getting my general order for costs turned into something more concrete and collectible.

[andydd]

Hiya.

 

As for the mortgage company they should only be paying up if a S146/Forfeiture process has been started, if its a simple money claim then it shouldnt really bother them, because even if a court rules against you it will be a simple money claim, not affecting the property and the worst that could happen is a charge put on the property but assuming it isnt huge, this is quite common and shouldnt worry the mortgage comopant too much.

 

If theS146 process had been started than you should of been informed, and ultimately a court/lvt asked to determine if a breach has occurred, which can be non-payment of srviuce charges although note this is a distintcly different process than for examplke a county court beingasked if money is owing.

 

Now some FH's, like mine, like to try and half follow the S146 process or at least mention it, but in reality they are simply following the CC money claim process, they mention S146 as often leases allow S146 legal costs to be recovered but no other legal costs, my FH tried this sneaky trick but they wont again as I'm wise to it !.

 

Yes its worth contacting the mortgage company and asking what their policy is for S146/Forfeiture issues, remember that a court/lvt finally conclusing there has been a breach, it cant be remedied and that the property be forfeited is extremely rare (google my FH - Forcelux v Binnie for example).

 

If the court order mentioned costs then the other side must pay you, does it actually quantify what they are ?, or is the court awaiting you to say ?

 

Like you I went for the 'call the FH director to court' route as I knew that would annoy him, but it didnt get that far, they paid up, as for enforcement, has a date been givenfor hem to pay up ?. ifso then start the enforcement process, I picked up a leaflet from my local CC which went through all the options.

 

Andy

[BlurredFX]

Hiya Guys,

 

This story rumbles on, and my health is still not the best, but we persevere!!!

 

Some of the residents have been trying to collect enough signatures to start the RTM process (including the nasty lot that took my money when I was on life support)

 

They have got 9 out of 18 signatures (18 flats) - 50%, but not over 50% which they require.

 

I want to stop this, so they don't wind up the other company that took my money, not until I have got the money back.

 

How can I object to the RTM application, on the basis they do not have the required signatures?

 

They have served it on the LL three weeks ago today, so I think I might need to act quickly. I was released from Hospital last week. I am improving slowly though, and I do hope for an eventual recovery!

 

Will the LVT pick it up? The paperwork gives me no information on how I may object.

 

Maybe the LL will object? They are not communicating at all since before Christmas. (I sent them a letter outlining what the scoundrels have done to me and said they should speak to the rogue company for my Ground Rent).

 

How to I stop and/or delay this RTM process? They do not have enough signatures. Would an LVT take the lack of LL objection as implied consent, even though there are less than the required amount of Qualifying Leaseholder signing the application?

 

Blurred:)

[BlurredFX]

Hi Folks,

 

HELP! I don't think you need much background to this case to help me out at this point. The Claimants have submitted ANOTHER claim against me, this time in the RTM company name, for alleged debts from before its existence.

 

But that isnt my main concern just now, getting the case adjourned or something IS! On 8th Aug I was admitted to Intensive Care, and I remain a hospital in-patient. I have submitted the Acknowledgement of Service to the Court. This gives me until approx 15th when the four weeks is up.

 

I have obtained a yellow sick note from the hospital staff, confirming I was admitted on 8th Aug, and as of the 29th Aug, I am likely to be an in patient for at least a further two weeks.

 

I am in absolutely no fit state to be doing a proper defence, never mind the fact I am pecking this out a a flippin tablet screen! Last time they did this I had to go to the trouble of getting it set aside, then struck out, and by that point I was back in hospital.

 

Could anybody offer me some guidance as to the best way to proceed here? How do I approach the Court asking for a stay? Is that what I am asking for? Is there a standard form I can simply fill in? I am at a loss here and any pointers would be welcome.

 

Blurred:)

[andydd]

Hiya. I believe a letter to the court is all that's needed but be sure to phone up to find out if that's been accepted, they rarely reply to letters or emails these days.

 

The alleged debt from before the rtm is prob valid, debts or credits will be assigned from one management co to the next, as you may be aware it is possible to buy a lh flat and find yourself responsible for the previous owners debt.

[BlurredFX]

Hiya all,

 

Out of Hospital now and settled back at home.

 

I sent a letter to the Court as follows:

 

I am in receipt of above claim from Brand New RTM Co Ltd.

 

I have filed the Acknowledgement of Service, but I have been unable to prepare a proper defence, for the reasons outlined below.

 

Shortly before the Claimant started this action, I was admitted to the Intensive Care Unit at the Royal XXXXX University Hospital. This was on the 8th August. You will note that the sick note says I was likely to be in for at least another two weeks. As of today, 11th Sept, I remain an in-patient at the same Hospital. Amongst other on-going problems, I have suffered from kidney failure and remain too ill to eat properly. I am fed via a tube up my nose (jejunally) and have a number of septic drains coming out of my abdomen. Major surgery may be unavoidable in the short or medium term.

 

This is not the first time the claimant has pursued me for money to which he is not entitled. He withdrew his first claim against me. On his second claim he obtained a Judgement in Default. Again, this was achieved by pursuing his claim shortly after I was admitted to hospital on a previous occasion. Once sufficiently recovered, I successfully applied to have that Judgement set-aside. When the case was finally heard, the Claimant failed to provide ANY evidence to back up his claim and the Judgement was struck out. My counter-claim for the money he obtained from my mortgage company is currently adjourned.

 

In light of the above, I respectfully request that this case be "put on hold" for two months. This will allow me time to initially sort out the medical uncertainties, and then prepare a robust Defence to the Claimant’s persistent, vexatious litigation.

 

If the Court requires any further corroboration of my circumstances, or further information, I should be able to supply such if required. I enclose a "sick note" to cover my current hospital stay.

 

I put the extra info in there, so if anyone looks into it, they will see there is a good history to it, not just me dodging my charges and hiding behind a sick note.

 

Anyway, I have received a reply, as follows:

 

Further to your letter of the 11th September. If you wish for the above case to be stayed please make an application using the form Application Notice (N244) and pay the court fee of £50. Please find enclosed a copy og the Application Notice form.

 

The letter was even hand signed in Biro!!

 

So there we are, up to date.

 

I have filled in more than one N244 in my time, so that's not a problem, but can anyone please help my find the words to put in draft order box.

 

would as simple as this suffice:

 

It is ordered that the Claim be stayed for two months, so that the Defendant can get medical treatment. The Defendant is to keep the court informed as to his medical progress, and submit his Defence as soon as is practical.

 

 

A little bit of help with the Draft Order would be fabbo!!

 

Blurred:)

[citizenB]

I will ask andyorch to look in, BFX.

[AndyOrch]

It is respectfully requested that the Claim be stayed for two months, so that the Defendant can continue with medical treatment. The Defendant is to keep the court informed as to his medical progress, and submit his Defence as soon as is practical.

 

 

 

It would be advisable to get the claimants consent also before making the application BFX.

 

Applications which may be dealt with without a hearing

 

CPR23.8 The court may deal with an application without a hearing if –

 

(a) the parties agree as to the terms of the order sought;

(b) the parties agree that the court should dispose of the application without a hearing, or

© the court does not consider that a hearing would be appropriate.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23#23.4

 

CPR 23A Applications without service of application notice

 

3 An application may be made without serving an application notice only:

(1) where there is exceptional urgency,

(2) where the overriding objective is best furthered by doing so,

(3) by consent of all parties,

(4) with the permission of the court,

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23/pd_part23a#3.1

 

Regards

 

Andy

[Ganymede]

Two months isn't that long in the grand scheme of things.

 

I'd see if the other side will agree to three.

[DonkeyB]

One quick query – if part of an earlier claim is still ongoing, ie. your counterclaim, then surely no new claim can be issued?

[AndyOrch]

Counter claims and claims can run independently DB......if the counter was still proceeding.

 

Andy

[DonkeyB]

Thanks Andy

[andydd]

Its worth looking at this new legislation coming into force soon > http://www.landlordsguild.com/redress-schemes-for-lettings-agency-and-property-management-work/

[BlurredFX]

Thanks Guys,

 

That's wonderful help.

 

I agree that I should keep the other side up to date. However, given their previous conduct, my acute health problems at the time, and their previous conduct, if queried, I could say that I was acting within CPR (as per andyorch):

 

CPR 23A Applications without service of application notice

 

3 An application may be made without serving an application notice only:

(1) where there is exceptional urgency,

 

I think if I copy the Claimant in on this correspondence, perhaps with a covering letter to explain my circumstances (despite their already knowing). This gives them every reasonable opportunity to be reasonable and indicate their agreement ot my draft order.

 

The Claimant wouldn't ever respond to anything like that - I have even asked the Director of the company in the car park and he refused.

 

Ganymede - You're correct, two months isn't very much at all. I will go for three, any see if I can find a form of words that doesn't pin me down too tightly for a date in the future - the other side will act immediately if I miss it. If they do that, then it means set-asides and getting it struck out and then getting the money back... I still not got the money back from the last lot (Mortgage company are responsible to me, Rogue Company is then responsible to Mortgage Co, as the DJ kindly and candidly explained it me at previous hearing anyway)!!! I will leave it to the Court to set deadline, not make a rod for my own back I think. Or is that being too clever? Just strikes me as litigation suicide binding myself to a date I might not be able to meet.

 

I will look into the new legislation Andydd, looks interesting, as I wouldn't mind betting they aren't prepared for it!

 

Based on my comments above, I will go and draft an application, and post it up here for review.

 

Then the next step will be getting it the the court and the Claimant, and signed for on both occasions! I am aware that the clock is ticking, though no proper deadline has been set, i think it is good to respond within the week if poss. Their letter was dated 17th, I received it 19th, so I am just about on target! Just.

 

Thanks guys,

 

BFX

[andydd]

There is no sign of my FH/manageing agent being a member of one of the three redress schemes so far. If they dont join you might be able to argue for more costs, as instead of using the free redress scheme you had to start\defend court action.

[BlurredFX]

Hiya Folks,

 

I thought I would keep you all up to date. In brief, there is no news but I am hoping to hear something soon.

 

I sent off the application asking for a delay due to health grounds, complete with fees remission forms and evidence. The Court sent it back, saying the evidence wasn't sufficient! It was - but who am I to argue!! So, I had to get onto the DWP to get a simple letter confirming my benefits, which took an age.

 

I have sent all the forms etc., off and they should have been delivered to the Court on 22nd October or thereabouts.

 

I will be chasing the Court this week, see if there is any progress that I am unaware of.

 

I suppose in the mean time, I should be preparing my defence.

 

Just to recap on my case history. Up until July 2014, the Management of my block of long leasehold flats was managed by the resident (who appointed a third party) with no official arrangement due to absent Landlord. I refused to pay in as I do not believe I am obliged to. That is why we have ended up in Court. They have played all kinds of silly tricks, lied on paperwork and everything - but never produced anything when challenged. Let me explain.... But I, with CAG, persist. They got RTM as of July this year.

 

They started a case in 2009, I defended it, and they withdrew the action after informing the Court I had settled the amount! (and the Judge also telling them they would fail without Landlord consent). I did not pay a penny.

 

Then when I went into Hospital for the second time in 2011, they took fresh action at a different Court, and I was unable to defend myself due to being in Hospital. They knew I had been admitted to Hospital with a life threatening condition. They got a Judgement in Default.

 

Once sufficiently recovered, I applied to have the Judgement set-aside on the grounds of my bad health at the time. This was granted by the Court.

 

A hearing was then scheduled to "re-hear" the case. They never showed up, but the DJ gave me a grilling anyway. Naturally he thought I was taking the mickey at first, but he allowed me to put my case. I did. He agreed with me. The claim was struck-out, and I was awarded costs - though they have not been assessed. The Judge said I was a very competent litigant - I didn't tell him, but it's all down to CAG, and especially AndyDD - I probably owe him my house the truth be told.

 

The snag is that during my time in Hospital, they got my Mortgage company to pay the claim, and I have not had it back. I tried to counter-claim it, but the DJ at the end of the hearing give me the nod and said I would have to chase the Mortgage Company, and then it was down to the Mortgage company to get their money back. It makes sense actually. I will have to also do a letter to them.

 

Now, we are dealing with their third separate case. They started this action earlier this year, once they had heard I had been admitted to Intensive Care!! Lower than a snakes genitalia, but there you go.

 

From Intensive Care, I managed to get a letter to the Court to explain, and they said I needed to fill in a N244 for a stay, and that is where we are up to. I have now sent the correct forms back with fee remission forms, just over three weeks ago.

 

There are two parts to the claim, though they are not quite presenting it as such. They are lumping the pre-RTM and post-RTM stuff together. They are claiming from the date they claimed off my mortgage company following the 2011 judgement, to date.

 

They have ignored my first payment to their account (the first month of RTM) then took me to Court!! While I was in hospital so it hasn't been paid since, but I can clear it, I have made provision.

 

Now, if you have followed up to this point, thanks, and very well done!!

 

I think, that in order to defend this claim up until the RTM date, I will simply need to re-present the details I used to defend the 2011 case? (was re-heard and set-aside in early 2013). If it was good enough then to have their case struck out, then it should be good enough now, shouldn't it?? Their case is exactly the same - they havn't got one!

 

Pre-RTM they never had any official consents, and despite my using CPR on 2007 to try and get them to produce their paperwork, they have persistently refused. there is nothing from either Landlord - which also changed during this lot, but it is separate issue I believe. I have it in writing from the New Lanlord they they are nothing to do with them, and have presented this to the Court previously.

 

I briefly summarised all this in my letter to the Court, for all the good it will have done - I just wanted anyone looking at it not to file under "routine" and get a Judgement in Default while I am in hospital again or something daft!!!

 

If my defence was good enough in 2013, it should be good enough now, huh?

 

Below is what I submitted on my N244

 

Further to your letter of 17th September.

I am in receipt of above claim from ABC123 RTM Co Ltd.

 

I have filed the Acknowledgement of Service, but I have been unable to prepare a proper defence, for the reasons outlined below.

 

Shortly before the Claimant started this action, I was admitted to the Intensive Care Unit at the Royal XXX University Hospital. I have since been discharged on the 15th September to my usual home under the supervision of District Nurses, my GP, community dieticians as well as frequent return trips to Clinic and regular telephone and email contact with various specialist staff that XXX Royal Hospital.

 

Amongst other on-going problems, I have suffered from kidney failure and remain too ill to eat properly. I am fed via a tube up my nose (jejunally) and have a number of septic drains coming out of my abdomen. These are used to drain infections on my Liver. Major surgery may be unavoidable in the short or medium term. I am severely malnourished to such a degree that standard BMI measurements are rendered meaningless. The reality is I am 5'9" and weigh in significantly less than 8st; whereas my normal weight is approx. 14st. Medical treatment continues. Such malnutrition has an obvious impact upon ones mental capacities to deal with complex matters. Please note that I remain in the "Support Group" part Employment and Support Allowance - this means I am not deemed capable of any type of work related activity whatsoever. This has been the case for approx. 3 years. Only a small percentage of new claimants under the new system are in this group, which is the "highest" level of sickness on ESA.

 

This is not the first time the claimant has pursued me for money to which he is not entitled. He withdrew his first claim against me (2009 First Court CC). Initially, on his second claim (2011 Second Court CC) he obtained a Judgement in Default. Again, this was achieved by pursuing his claim shortly after I was admitted to hospital on a previous occasion. Once sufficiently recovered, I successfully applied to have that Judgement set-aside. When the case was finally heard, the Claimant failed to provide ANY evidence to back up his claim and the Judgement was struck out. My counter-claim for the money he obtained from my mortgage company is currently adjourned.

 

In light of the above, I respectfully request that this case be "put on hold" for three months. This will allow me time to initially sort out the medical uncertainties, and then prepare a robust Defence to the Claimant’s persistent, vexatious litigation.

 

There's a part of me that prays the DJ picks this up, reads it, and just lashes it out, but let us be realistic!!

 

That was a long post. But its a complex situation. Hope this isn't getting too deep.

 

Blurred:)

Edited November 16, 2014 by BlurredFX
little bit of possibly identifiable info - local city.

[BlurredFX]

Just thought on - if their claim is by two different companies (pre-RTM and post-RTM), can they do that?? It could be part of my defence I suppose. That, and evidence of this lot being lashed out previously, plus the evidence I used to get it lashed out - their failure to comply with 2009 Court Order to produce documents to back their claim, plus the rest of it! At every point I have requested their paperwork, they don't attend or withdraw the claim!! I just boil over when I read this and how they have dodged me at every opportunity and are six grand ahead of the game as a result!!!

[andydd]

Hiya. Ill have read through the above and try and get a fuller understanding of whats going on.

[steampowered]

If it was me, and they are just refiling the same or similar case, I would get a solicitor on board to file a Defence and a strike-out application. The solicitor should be able to claim his/her costs from the other side. Perhaps the Claimant will stop coming back to this over and over again once they get hit with the bill.

 

This would be a good time to prepare your bill of costs for the previous proceedings and get these assessed. I believe the current rate for litigants in person is 18quid an hour. Your estimate of the time spent dealing with the case should be realistic (even if it runs to over a hundred hours).

[andydd]

So trying to get my head around this.

 

1. It looks like the pre-RTM stuff should be struck out completely, because a) The have no right to pursue the debt and b). It has already been tried to a certain extenet and should be struck out as re-litigation and an abuse of process.

 

It appears to me you could perhaps use Summary Judgement/CPR 24.2 and/or CPR 3.4, I think (but not sure) you could use CPR 3.4 on its own to ask that all/parts of the claim be struck out but without going down the full/risky SJ route, SJ is more risky as its done pre-allocation and the small claims rules dont apply so there are costs risks.

 

2. Are you intending to defend any of the Post-RTM amounts ?

[BlurredFX]

Thanks Guys,

 

I agree, now would be a good time to pursue previous costs. I would have done it before but I have been too ill. They perpetually throw stuff at me, having got lucky with a Judgement in Default once, which got struck out. Their only tactic is going for me when I am in Hospital.

 

Getting the pre-RTM stuff struck out, sounds good to me. The evidence from the previous case in 2011 (re-heard in 2013) is on file for the Court to see. The DJ had looked into it to a degree last time. Can I not simply apply to have it struck out on the basis that they are, as steampowered puts it "re-filling the old case". I know the company has recently appointed a new solicitor, the third one is a short-ish time. I am unsure what they are for. How much am I leaving myself open for if I go the SJ route?

 

They just don't respond to anything, so it is hard to gauge what they may come back with?!?!

 

This claim seems to be two companies chasing me - the pre-RTM company for pre-Jul 2014, and the post-RTM company from Jul 2014 onwards. Is this enough to challenge it??

 

I have no intention of defending the post-RTM stuff, I will get it paid if that is the right thing to do. We need the windows replacing and all kinds, and it seems correct - though I have not put it under any major scrutiny. I have had no communication from LL confirming RTM has commenced, but I am unsure of I should have?

 

I paid the first months RTM, but it didnt show on my account though it shows on my bank account. Then I went into hospital and the claim papers arrived, and I have not paid it since.

[andydd]

Well Re-litigation is an abuse of process and should be quite simple to get it struck out for that.

 

In my case, the landlord started a claim, didnt pay fee and it was struck out, he applied to have strike out set aside but this wasnt allowed.

 

A year later the same claim was put before a court, the claim had clearly been dismissed absolutely and there was no possible way it could be heard again BUT it is sometimes possible for claims to be relitigated if there hasnt ben a definiative struck out, for example, if a claimany withdraws his claimthen it is possible for it to be heard again BUT it would need the courts permission, see

 

CPR Discontinuance and subsequent proceedings

 

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

 

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

 

SJ costs claimed by the other side could well be at £200 per hour for all the work involved in 'defending' the SJ (but this only) which would be two hours minumum and could be more.

 

You say they dont respond, but if it is they that is making the claim then they must put forward their claim and lay their cards on the table so you can respond, if they are keeping info. back then you may be able to take advantage of this.