Author Topic: DCB Legal Ltd CNBC - Defence following AOS please  (Read 2071 times)

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Re: DCB Legal Ltd CNBC - Defence following AOS please
« Reply #15 on: »
As DCB Legal did not notify you of the discontinuation, you can ask the court for your costs due to unreasonable behaviour by the Claimant. We already had one of these that was concluded on Friday when DCB Legal agreed to pay the defendants cost of £104.50 for failing to notify the discontinuance.

Have a read about it here and go for your own costs:

Received a court claim form for overstaying in a supermarket carpark

Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: DCB Legal Ltd CNBC - Defence following AOS please
« Reply #16 on: »
Here is the template letter to send to the court:

Quote
[Defendant’s Name] 
[Defendant’s Address] 
[City, Postcode] 
[Email Address] (if applicable) 
[Date] 

The Court Manager 
[Name of the Court] 
[Court Address] 

Re: Case No. [Claim Number] – Request for Costs Consideration under CPR 27.14(2)(g) 

Dear Sir/Madam, 

I write in relation to the above-referenced case, which I was defending. I have recently become aware that the claimant discontinued the claim on [Date], but they failed to notify me of this. I only discovered that the claim had been discontinued after contacting the court on [Date]

It is my submission that the claimant’s failure to inform me of the discontinuance constitutes unreasonable behaviour under CPR 27.14(2)(g), as it caused unnecessary time, stress, and effort in continuing to deal with the matter. Had I not proactively contacted the court, I would have remained unaware of the discontinuance. 

In light of this, I respectfully request that the court considers awarding costs against the claimant. A breakdown of my costs is as follows: 

Description: Time spent dealing with the case after discontinuance (research, drafting letters, contacting the court) 
Hours:
Rate: £19 per hour 
Total: £XX.XX 

Description: Printing and postage costs 
Total: £XX.XX 

Description: Other reasonable costs (if applicable) 
Total: £XX.XX 

Total Costs Sought: £XX.XX

Given the claimant's unreasonable conduct in failing to notify me, I request that the court considers making an order for my costs on the papers. I would be grateful if the court could confirm whether this matter can be considered administratively or if further steps are required. 

Yours faithfully, 

[Defendant’s Name] 
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: DCB Legal Ltd CNBC - Defence following AOS please
« Reply #17 on: »
That's interesting, i did see that earlier on while researching through past cases.  It may deter them from using their tactics/business model - although I doubt it, as its likely thousands who just pay up v a handful who defend and request costs.  I'll have a think.