TALLING Vs LLOYDS TSB *****WON*****

[curlychic]

Posting 'Application for Costs' off today

Will let everyone know the result

Fingers crossed



XxXxX

[curlychic]

Still no word from the Court in relation to my
application for wasted costs.

Was thinking along the lines of 'no news could be good news' but now i am thinking they may have just simply closed the case down like they did to another CAG user who's thread i was reading



Any advice on how long i should leave it before
contacting the Court to see if it is being dealt with ?

XxXxX

[broke dave]

Morning Curly - we were talking about you yesterday!
I would give the court until the end of the week and then give them a ring.

[curlychic]

Originally Posted by broke dave

Morning Curly - we were talking about you yesterday!
I would give the court until the end of the week and then give them a ring.

OOOOOOOOOO What were you saying ?
Hope it was all nice ... lol



XxXxX

[broke dave]

Just saying how much we all missed you!!!
Hope you haven't been drinking too much wine

[curlychic]

Originally Posted by broke dave

Just saying how much we all missed you!!!
Hope you haven't been drinking too much wine

hehehe .... Noooooooo x

I have been busy landscaping my back garden and also working.

Nice to know i have been missed though

XxXxX

[curlychic]

Hi Guys n Gals .... help and/or advice required please

As you can see form my thread below my claim was settled before hearing and on 21st May 07 I wrote to the court using the original (Gary updated it yesterday) wasted costs letter template. I also included the required documents.

I rang the Court today, as i havent heard a thing and was told that may informal application for costs had not been dealt with, as the letter i sent 'apparently' contradicted itself in saying

I wish to inform the Court that the claim as detailed above, in which i am the Claimant, has now been settled. The defendant pai the full amount claimed, namely £xxxxx. As such no further actio is necessary in respect of this claim.

However, i believe that the Defendant has behaved unreasonably in their approach to defending this claim, not least because i believe the Defendant had no intention of ever defending this claim at a hearing .... etc etc as per the original template letter.

My letter and relevant other documents, have therefore been simply filed away after they read the first paragraph and not even got as far as the judge, whilst i have been awaiting a responce

(I read on another thread somewhere that this exact same thing has happened before)

The lady then went onto tell me that if i did want to make an application for costs she would send be the appropriate form, and to submit the application there would be a fee of £65.00 involved.
(GaryH states that the fee is £35.00 ????????)

She also said that a hearing would be required, which i was aware would be necessary if the judge decided a formal application was required, although like i said befor, the judge hasnt even seen my request.

The main reason i wanted to apply to the courts for wasted costs, was in 'principle of the matter', but is it really worth all the extra stress of more form filling and a hearing all for aprox £100.00.

I have asked the lady at the court to send me the form, but not really sure what to do.

Advise anyone ????

XxXxX

[GaryH]

Yes, unfortunately we're beginning to discover that most courts won't touch an application for costs without an N244.

The £35 fee is for applications without a hearing, £65 if with a hearing.

You can request without a hearing and try to pay £35, although the judge may decide he needs a hearing so presumably you'd have to pay the extra £30. You would get the fee back if successful though.

If you do decide to apply I would suggest you up the hours you claim for. I put in for around £400 for my mates one - might have overdone it slightly, who knows - although I'll soon find out at the hearing in 2 weeks time! I did spend a hell of a lot of time on the witness statements and the application though so personally I feel I can justify the 40 odd hours I put in for.

Personally I would encourage everyone to apply formally from now on - but obviously the decision is yours!

[curlychic]

Thanks for the quick response Gary X

It has really annoyed me that the Court didnt even bother to read my letter fully though. I sent an 8 page document to them and all they read was the first paragraph. GRRRRRRRRRRRRRR

I am actually exempt from fees' so that isnt really a problem, even though i have been told i will now have to reapply for exemption.

The main thing that is making me think 'is it worth it' is that it never got as far as me having to put together a Court Bundle etc, only as far as AQ stage, so my costs are only around £100.

If the Judge wants a hearing to take place then surely this is more preparation, more stress and time off work to attend.

I dont know, not sure what to do now, £100 is £100 i guess.

If i do decide to go through with it, can i bank on your support to prepare me for the hearing PLEASE ?



xXxXx

[GaryH]

If i do decide to go through with it, can i bank on your support to prepare me for the hearing PLEASE ?

Yes, of course. I've got my hearing on the 20th June so you'll have the benefit of my experiance from it (i.e cock ups!)

If you haven't submitted a bundle though then obviously it doesn't make your case for costs as compelling as if you had.

[curlychic]

Hi Guys 'n' Gals ...... I'm back

What wonderful news today ..... wey hey

So i am back to claim some more charges that i recieved just after my last claim ended. Thankfully none since December 07 though. Although its only £165 quid, thats alot of money to me and its MY money NOT THERES !!!

And so begins another chapter of Talling v Lloyds TSB

BRING IT ON !!!!!!! hahahahaha