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Messages - andrewb1218

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1
Thank you - they did inform me, albeit only after I asked but, as the notice of discontinuance was dated today, they would just say they were going to inform me. I think I've got the result I wanted, which is that the claim won't go ahead. Thank you for your helpful guidance all this time.

2
You can see the date at the bottom is today's date so I assume they just realised they hadn't paid the fee so had no choice but to discontinue.

3
Success! I wrote to Moorside Legal and they wrote back today confirming they have filed a notice of discontinuance with the court (link below).

Please let me know if I need to do anything else - I assume not but just in case.

Thank you for all your help.

https://imgur.com/a/f9ngifD

4
Hi, thank you :) The hearing has not been vacated and the case is not showing as struck out in the system, hence the court representative's advice that I should proceed as if it is still continuing. My point about contacting the solicitors isn't to allow them to recover from their failure, they wouldn't be able to pay or request payment now as the deadline has passed. It was just to get confirmation on whether they had requested it or not. If they hadn't, I wouldn't need to worry further as the claim would automatically be struck out, even if it was only struck out at the hearing.

Just wasn't sure what to do, happy to hear your recommendation.

5
Thanks again, I hope it will be struck out too but in the meantime I'm apparently to act as though it continues. I think the only evidence I would have to submit would be the photo showing the blank section between two sections of double yellow line, and perhaps the correspondence I had with the claimant's solicitors, so that shouldn't take long.

Do you see any harm in emailing the claimant's solicitors to seek confirmation of whether they have indeed paid the fee or requested payment? I agree with your point but the backlog in the court system isn't the claimant's fault so the court would honour the payment if it had been requested before the deadline.

Best wishes

6
Thank you. I called again and was advised that I should continue as though the claim is still proceeding, as it has not been updated as struck out on the system, and the hearing date is still live. Although no fee has been paid on the system, they cannot rule out that the claimant had requested payment from account via email within the deadline - they would not have a record of this and there is a huge backlog.

Is there any harm in emailing the claimant to request confirmation whether they have paid the fee or not?

Otherwise, the court representative said I should just proceed with submitting my evidence, as sometimes the case is only struck out at the hearing! They did comment how inefficient the system was...!

7
Hello again! I called the court this morning and it appears no payment has been logged on the system. However, they mentioned that some companies may request payment to be taken from an account by email and that, if the email was received in time, it would still be processed. So I have emailed the court for confirmation on an urgent basis. Not sure when I'll hear back but the evidence is due in by 17 July if the case does continue. Would you recommend awaiting the court's response?

Best wishes

8
Hello again and with many thanks for your continued help and support! :)

I have received a notice of allocation to the small claims track (hearing) - available here: https://imgur.com/a/vmp8pYR

Hearing date set for 4 August with evidence to be provided by 17 July.

Grateful for any recommendations of how best to proceed.

Best wishes

9
Thanks for this tip, I'll try calling. I'm in Hendon, NW London, and I think Hendon Magistrates Court is serving as an extension to Wood Green County Court, which would be my nearest. Other than that, my nearest would be Barnet or Willesden.

I'm still hoping Moorside will drop the case, of course, or that the court will throw out the claim before it gets to hearing stage. I haven't replied to Moorside on their last email.

10
Hi! I've received a Notice of Transfer of Proceedings - looks as though the matter has been moved to a court which is nowhere near me. Oh well! https://imgur.com/a/4skFQdR

11
Hello! A reply from Moorside to the drop hands settlement offer (which is slightly ridiculous as it's more than they offered to settle for originally!) - most grateful, as always, for your advice.

The message from Moorside:

"Without Prejudice Save As To Costs

Dear

Thank you for your email.

Whilst our Client is willing to proceed to Court, similarly, we are open to avoiding unnecessary judicial time and costs.

Although we can't accept a drop-hands order, I appreciate the open offer made.

As such, we are instructed to settle the matter.

The current outstanding balance is £460.16.

As a one-off, we will reduce the balance to £250.00. This would cancel any hearing, and the matter will be closed.

I have updated our system."

13
Hello! I have received the following from the claimant's solicitors - do I just email back to decline?

"Without Prejudice Save as to Costs
Dear Sirs,
We email to propose a settlement offer.
Whilst we are willing to present our evidence to the Court, as a gesture of goodwill and to put this matter at rest, we propose a settlement.
The current outstanding balance is £460.16
Our final offer is £200.00
Should you decline this offer, we will present our evidence to the Court, requesting the full outstanding balance and further costs including hearing fee expenses.
This offer cannot be accepted at Court.
Please confirm by replying to this email, and we will update our systems."

Thank you and best wishes :)

14
Hi! I had my mediation call, which went exactly as you described - thank you. I have a question: the directions questionnaire asked for dates I wouldn't be available for a hearing. At the time, I didn't have any unavailable dates but have since booked holiday. Is there somewhere I can email to update the court? Many thanks as always.

15
Hi :) I have my mediation call tomorrow, is there anything I need to be aware of, or is it literally just saying "£0 offer" and that will be it? Sorry for the question, nervous for it as I've not done this before! Thank you as always :)

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