Mill Motors Bedford Faulty 2nd Hand Car - Court Claim Issued

[Andyorch]

Quote

I just want to check I can make a formal application to the court to withdraw & not have any sanction or costs imposed on me, if it's done in time?

You can submit a Notice of Discontinuance (no fee) to the court and defendant. As this is a small claims you are not liable for the defendants costs nor any sanctions.

 

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Form N279: Tell the court you want to discontinue a claim or counterclaim - GOV.UK

WWW.GOV.UK

 

 

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Use Form N279 to discontinue all or part of a claim or counterclaim. Send the completed form to the court and all other parties in the case.

 

[Flowertots]

Thanks both.

 

I appreciate the thought behind how I could lose £2250 against not paying the £181 but my concerns is that even if I go to trial & win, I'm not going to see anything. The company only exists on paper so my worry & what I am watching out for is that he goes into administration & I don't see a penny.

Today I received a letter from the court saying that the Notice of Allocation to the Defendant has been returned "Not known at the address given". Mine was dated the 22nd Feb, so I would assume his was sent out at the same time, so looking a the filing history in Companies House, he only changed address (back to his original one & the reg address of the new company) on 18th May. 

Where does that leave me, if I continue?

Thanks

[dx100uk]

Did you pers name him as well as his trading name on the Claimform?

 

Dx

[Flowertots]

I stated Mr X of Mill Motors. Both company & his names are listed as defendant.

So on hte notice of allocation it has

me       1st Claimant - me

Mill Motors      1st Defendant - Mr X

[dx100uk]

then you cant go wrong, you've named him personally.

 

dx