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Messages - Eryobotrya

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1
Unfortunately, my appetite for risk was just a tad too high this time:

https://ibb.co/27wKL96Y

Bummer.

I think that's the end of the line for this claim. On this occasion at least, they get away with it.

2
Quote
The claimant, for whom DCB Legal were acting.

Oops. I thought my Application was against DCBL, coz it was their paralegal who improperly engaged in the conduct of litigation. I didn't see how CEL could be held responsible for the incompetence of their legal reps. Does that mean my Application is now sunk without trace?

PS: Having said that, CEL are cited on the N244 as the Claimant.

3
On second thoughts ...
Now seriously considering coughing up. But
1. Would the Court take a dim view of going to such lengths for a relatively trivial claim in terms of £££?
2. Is the Application against DCBL or the Claimant (CEL)?

4
I could, but there'd be no guarantee they would be awarded, right? In which case, it would make zero sense to pay £120 to pursue costs of £90.

To be clear, the post N279 action was taken on advice given here. The defendant would have been none the wiser but for that advice. The conclusion must be that, unless the Application includes costs that greatly exceed the cost of the Application itself, then it's probably not worth pursuing the Claimant's legal reps for irregular conduct.

I don't think we have much choice but to withdraw the N244. Shame.

5
Yeah, I don't think that's going to happen somehow. There in no inducement for them to cough up, and I certanly don't have any leverage over them. Time to draw a line under this and just take the win.

6
The Court is now requesting a fee of £120. The N244 Application is for costs against DCBLegal of £95.

Unfortunately, that doesn't make any economic sense, unless the defendant is also awarded costs - which I somehow doubt.

Waste of time & money pursuing this any further? Looks like they get away with it.

Withdraw N244 Application?

7
Oh, hang on a mo. The directions refer to my daughter as the defendant. Isn't she now the claimant?

8
That's what I thought.

 
Quote
From:
enquiries.bromley.countycourt@justice.gov.uk
To:
Xxxxxx Xxxxxxx
Cc:laurent@dcblegal.co.uk,

Thu, 18 Dec at 15:22

Good afternoon,

Thank you for your email dated 08/12/2025. This along with the case file was referred to the Judge for further directions. Please see the Judge’s comments below.

'Defendant needs to make formal application on form N244.'


Kind Regards,

Miss Hadia Hanif
Civil Back Office
The County Court at Bromley

9
The judge has directed completion of form N244.
Need some guidance re. Q's 1&2. Am I answering as her legal rep, or as the claimant?

And before we proceed any further, do you know if there is a fee for filing this form?

TIA, and Merry Xmas

11
OK, thx.

All done bar the sending. Before I send the letter to the court, do I cc DCB Legal?

13
OK, got it. Thx.

And phew! Good to know all that hard work (ie, yours) hasn't gone to waste.

14
Sorry, back again.

OK, so I tried to amalgamate your draft letters to the court posted at #141 and 144 into a single letter, and it's fairly clear to me from those drafts that the only costs I can claim appear to relate exclusively to post-discontinuance time spent. But as already advised, that was all my time - not the defendant's - which you have told me cannot be claimed.

The defendant spent approx. 4-5hrs of her time on this claim, but that was all pre-discontinuance. If she cannot claim pre-discontinuance time, doesn't that remove the raison d'etre for the letter to the court? The complaint to the SRA is looking like the only valid option available to us in this case - unless you can explicitly confirm that pre-discontinuance costs can be claimed.

I'm not sure how DCB Legal can be held liable for those costs, and I don't want to submit a fraudulent claim just to make a point about their non-compliance and ignorance of process.

15
No, not worried about anything as such. Just thought it might look a bit odd if the signatory was different from the e-mail a/c name.

OK, thx for all the advice. About to file the complaint & claim now - at last. I'll assume you want me to report back on any progress/response from the court as I get it, unless you tell me otherwise.

Thx again for guiding me thru this. Really appreciated.

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