svin76543 Posted October 31, 2012 Report Share Posted October 31, 2012 Hi All . I am in a tricky situation and would appreciate some advice from learned members. I have a claim against tenants for unpaid rent. Court fees and Expenses are mounting and are now in excess of the actual claim. I am required to travel for the hearing and take a day off work leading to loss of earnings. I am concerned that the tenants will not pay even when I have a judgement in my favour . Can anyone advice about withdrawing a small courts claim . Who is reponsible for my own and third party expenses if the claim is withdrawn. Are there any specific forms, time limits or fees when withdrawing a claim. Many Thanks for advice in advance Link to comment Share on other sites More sharing options...
Longmere Posted November 1, 2012 Report Share Posted November 1, 2012 My understanding is that you will be liable for all costs incurred for yourself as you raised the claim. The defendant can ask for their costs to be awarded if they so wish to. Hopefully they may just be happy in the belief they got off without paying whats owed! An excellent site for forms is the government claims site http://www.justice.gov.uk/courts/procedure-rules Hope this helps. Before you consider raising a claim against anyone, it is worth your money having a pre sue report completed on them. Anyone can raise a claim, but will they get their money. Don't want to be seen as advertising, but if you need assistance with a pre sue report - email or call me from my contact page on this site. Hope this all helps. Link to comment Share on other sites More sharing options...
snorkerz Posted November 1, 2012 Report Share Posted November 1, 2012 I agree with Longmeres comments regarding a pre-sue report, but only worthwhile for large claims as they can cost a few hundred (we do them). If the claim has already gone to allocation, and has been allocated to 'small claims' then your exposure is minimal if you withdraw the claim as the defendant will not have incurred any major (recoverable) costs - maybe a few quid for postage, copying etc. Solicitors fees are not usually recoverable in small claims. If it has been allocated to the fast track (ie £5k+) then your risk is much higher as (even if he is under legal aid) you could be liable for his solicitors costs. No specific form - a letter will do. No court fee to withdraw. If you have already paid the hearing fee, you may be entitled to a (partial) refund depending on how close you are to the hearing date. Link to comment Share on other sites More sharing options...
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