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lopez123

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  1. Hi there. For those of you who gave advice thanks and here is an update. I got my costs at £20, although an accountant had given writen evidence to say that I had earned £25 net. I got all my expences, printing fee,s etc and interest. Others got a lesser rate but the new higher rate for all work done after the new rates came in. The smarmy ****** then tried to hand over at the end of the hearing a letter claiming £1500 for the costs of attending a hearing were I had claimed the full 2/3rds rate. I threw it back at him as did all the others only mine came with vengance. I told the judge that there was no way that I would allow this fool to be paid this from the money he owed us as the very reason for all the trials and tribulations was because of his negligence. The judge then asked if we had seen this document previously, to which I said, youve just seen him hand it to me and yourself, so how could we have seen it before. He then ponderd and anounced that it wouldnt be accepted as it should have been given to all parties atleast 24hrs before. This was the mode of opperadi for the whole of the case, documents would be given just before entering for a hearing, changing the claim, for which we had spent week preparing for, and then i twould all changed. Anyway that parts delt with. Now I would like to know if I can now sue the errant morron for damages for the negligence in the way he ran the case and the two heart attacks I had due to his negligence.
  2. Thanks for the replies and support guys. I have to go to work now but when I,v finnished I will put up a letter sent to them by the Probono which lists the way this case was handled. I also think he deserves his own special mentioning on the Solicitors From Hell website
  3. OK thanks for that I will now tell the costs draughsperson to add all my research. Thats another 500hrs. Would I be able to claim for a wasted costs order as well or is it one or the other?
  4. We have now passed it all to a costs draughtsperson. If they want to find that I didnt claim for extra hours I,m happy. After all I,m just a LIP. But argue it we will. They bit that helps me the most is the case listed above. It is achievable and I will post when it,s done and the monies are in the Mrs purse.
  5. 28th Feb 2011 Dear Sirs and/or Madam. Please find our bill of costs of youraborted appeal hearing at Winchester Court before HH Judge Hughes on 10thFeb 2011. 1. The defendants costs anddisbursements of your negligently brought and aborted case I claim my costs in your recent erredaction against me as per SECTION 22.1 and I claim for time spent anddisbursements under the following. The costs will be no more than two thirds of the sum which asolicitor could reasonably have charged for doing the work (CPR Section 48(6). 22.5 Calculation of Disbursements Our Costs are made up accordingly A: COSTS Preparation for 1st hearing13/04/2010 2 ½ hours @ £136.00 per hour(1st defendant) £340.00 2hours @ £136.00 per hour (2nd defendant) £272.00 2hours @ £136.00 per hour (3rd defendant) £272.00 Total6.5 hours (Seeking advice from solicitors) 1.5hours@ £136.00 per hour (2nd D) £204.00 1hour @ £136.00 per hour (3rd D) £136.00 Total2.5 hours Attendance at 1st hearing13/04/2010 4 hours @ £136.00 per hour(1st D) 4hours @ £136.00 per hour (2nd D) 4hours @ £136.00 per hour (3rd D) Total12 hours £1,632.00 Completing & filing application forappeal hearing (To have case struck out under CPR rules) 21/04 1 ½ hours @ £136.00 per hour (alldefendants) £204.00 Preparation and research for grounds toappeal and preparation of skeleton argument for appeal hearing 21/04/2010 (Varji) Total6 hours @ £136.00 per hour (2nd D) £816.00 Attendance at appeal hearing 24/05/2010 4hours @ £136.00 (1st D) £544.00 4hours @ £136.00 (2nd D) £544.00 4hours @ £136.00 (3rd D) £544.00 Total12 hours £1632.00 Completing and filing application toappeal erred decision of J Varji 15/06/10 Total6 hours @ £136.00 per hour(1st D) £816.00 Preparation for hearing for permissionto appeal decision of Varji 15/06/2010 2 hours @ £136.00 per hour(2ndD) 2 hours @ £136.00 per hour (3rdD) Total4 hours £ 544.00 Application and service on (claimantssolicitors & Courts) for permission to appeal the equally erred decision ofJ Hughes 14/07/2010. Total1 ½ hours @ £136.00 (1st D) £204.00 Preparation for hearing (J Willis)02/07/2010) 6hours @ £136.00 per hour (1st D) 4hours @ £136.00 per hour (2nd D) 2 hours @ £136.00 perhour (3rd D) Total12 hours £1632.00 Attendance at hearing 02/07/2010 4hours @ £136.00 (1st D) 4hours @ £136.00 (2nd D) 4hours @ £136.00 (3rd D) Total12 hours £1632.00 Preparation of witness statement’s/documents and evidence as ordered: J Willis 02/07/2010 for hearing bundle 19hours @ £136.00 (1st D) 15hours @ £136.00 (2nd D) 6hours @ £136.00 (3rd D) Total40 hours £5440.00 Meetings with (MP) Mr Robert Buckland(discussion over legality of claimant’s purported injunction, advice 04/06/20102 hour @ £136.00 per hour (1st D) 04/06/20102 hour @ £136.00 per hour (2nd D) Further discussion with MP (legalityover rights to use steps) 16/07/20101 hour 16/07/20101hour Meeting at Swindon Council offices withR Blur and Legal Department representative. 28/06/20102 hours @ £136.00 per hour (1st D) 28/06/20102 hours @ £136.00 per hour (2nd D) Meeting at MP R. Buckland offices 10/12/2010 2 hour @ £136.00 per hour (1stD) Meeting with MP Buckland in relation tofurther evidence 04/02/2010 2 hours @ £136.00 per hour (1st D) 2 hours @ £136.00 per hour (2nd D) Total16 hours = £2176.00 Total time for meeting with counsel 6hours @ £136.00 per hour (1stdefendant) Total time for meeting with counsel 6hours @ £136.00 per hour (2ndDefendant) Total12 hours £1632.00 Total of 144hrs @ £136 ph= £19,584.00 B: DISBURSEMENTS Application fee notice to appeal21/04/2010. £120.00 Application fee for oral hearing forleave to appeal Judge Varji erred decision 15/06/2010 £75.00 Application fee for leave to appeal HHJudge Hughes QC, erred decision 14/07/2010 £40.00 Total= £235.00 Travel to Keating Chambers London tomeet with counsel. From Swindon to Hammersmith London 77mlseach way = 154mls @ .60p per mile £ 92.40 Parking at Hammersmith 4 hours £2.80 perhour (1st D) £ 11.20 Photo copies of documents, witnessstatements/ evidence for 1st defendant Colour: 9x 4@£1.00 per sheet £ 36.00 Colour: 45 @ £1.00 per sheet (Copies forcounsel) £ 45.00 Black and white: 202 x 4 @ 25p persheet £ 202.00 Black & white: 71 @ 25p per sheet(Copies for counsel) £ 17.75 Photocopying of documents, statement,evidence for 2nd defendant Colour: 23 x 4 = 92@ £1.00 persheet £92.00 Black & white 8 x 4 = 32 @.25p per sheet £ 8.00 Photocopies of documents, statements /evidencefor 3rd defendant Colour16@ £1.00 per sheet £ 16.00 Black& white 40 @ .25 per sheet £ 10.00 Cost of Mr. Mort’s train fare to attendhearing Winchester 22/08/2010: £ 46.80 Cost to access PNC records (evidencerelating to your clients false allegations) 1st + 2ndDefendant’s £ 20.00 Preparation of bill of costs 2 ½ hours @£136.00 per hour (1st D) £340.00 Preparation of bill of costs 2 ½ hours @£136.00 per hour (2nd D) £340.00 Preparation of bill of costs 2 ½ hours @£136.00 per hour (3rd D) £340.00 Total disbursements £1,852.15 A + B Grand Total £21,436.15 As per your solicitor’s request we haveeach had to waste even more of our time adding and calculating our losses causedby you/your solicitors incorrectly started action, and failure to answer anyquestions and requests from our barrister. ie; failure to commence proceedings. As your solicitors have in the pastshown negligence in understanding the Civil Procedural Rules. I have for all yourbenefit reproduced the relevant rule here. And Rule five (5) covers the train fare asour counsel had represented two defendants at Winchester CC. Litigants in person 48.6 (1) This rule applies where the courtorders (whether by summary assessment or detailed assessment) that the costs ofa litigant in person are to be paid by another person. (2) The costs allowed under this rule must not exceed, except in thecase of a disbursement, two-thirds of the amount which would have been allowedif the litigant in person had been represented by a legal representative. That’s means you or your negligent solicitors have to pay 2.3rds ofyour negligent solicitors Fees of £205 per hour. (3) The litigant in person shall be allowed – (please notethat SHALL is the operative word) (a) Costs for the same categories of – (i) Work;and (ii) Disbursements, Which would have been allowed if thework had been done or the disbursements had been made by a legal representativeon the litigant in person's behalf; (b) The payments reasonably made by himfor legal services relating to the conduct of the proceedings; and © The costs of obtaining expertassistance in assessing the costs claim. (4) The amount of costs to be allowed tothe litigant in person for any item of work claimed shall be. (a) Where the litigant can provefinancial loss, the amount that he can prove he has lost for time reasonablyspent on doing the work; or (b) Where the litigant cannot provefinancial loss, an amount for the time reasonably spent on doing the work atthe rate set out in the Costs Practice Direction. (5) A litigant who is allowed costs forattending at court to conduct his case is not entitled to a witness allowancein respect of such attendance in addition to those costs. (6) For the purposes of this rule, alitigant in person includes – (a) A company or other corporation whichis acting without a legal representative; and (b) a barrister, solicitor, solicitor’semployee, manager of a body recognized under section 9 of the Administration ofJustice Act 1985 or a person who, for the purposes of the Legal Services Act2007, is an authorized person in relation to an activity which constitutes theconduct of litigation (within the meaning of that Act) who is acting forhimself.
  6. I think this one may let me if not I dont know what to do?
  7. I dont seem able to post the list of costs. It wont let me cut and paste
  8. Well if you read it you can see that he was awarded 2/3rds plus disbursments. I have tried to open and post it but I need a few more post yet:)
  9. Thanks for the reply Shadow. so how does your comment compare with CitizeB,s attachment above?
  10. Thanks for the reply all of you. I cant complain to the SRA they are a bunch of tozzers anyway. They only look at the way YOUR solicitor acts and their not interested in how the oposion,s solicitor acted, I have spoken to them about it. I have presented an itemised bill, he rejected it and when I rang his office to find out what was wrong with the bill in the format I had writen it, he laughed down the phone and hung up. I went to see the court and he sent a letter saying it was a waste of time him comming so he wasnt coming. the Judge said the way it was presented was OK by him, he understood it and it was aceptable. He gave him 7 days to reply or else. He replied with the usuall about you can only get £9.20 and we were all back in court on Friday. I let ripp and told both him and the Judge that I wasnt acepting any £9.00 because if I,d lost I was expected to cough up £10 grand, If I won I get a few hundred. NO WAY. I am now going to write a personal letter to the Judge pointing out the errors of his ways and rely on the case history kindly given by CitizenB above. I knew I,d seen it somewere but didnt want to spend the next fortnight looking for it as aparently I dont get paid for research:) The stress is getting to me as my BP is now having to be controled with flippin drugs again. I may have to take her in doors out for some retail therapy:) The reason the bill was so high is because there were three of us being sued, that means three of everthing as we each represented our selves. Only one was eligibale for the Probono barister, who was excellent, but his services stoped as soon as the case was lost by the otherside. Would we also be eligable to bring a case for a "wasted costs order" as I,m not feeling very benevolent towards this nasty negligent solicitor from SWINDON.
  11. The case was withdrawn after a Probono barrister became involved. Cost were awarded on a "If not agreed basis". The errant solicitor, who was a ** edited out identifiers ** ,Swindon. Was so bad he caused me to have a stress related heart attack, (three days in hospital, several more later for checks) He was warned, and told by a circuit judge that the action should stop. But because of the costs implication he refused. There seems to be an anomally here. Under what circumstances would someone get the 2/3rds of a solicitors rate? Surely it cant be a reserve for the rich on 200K because they wouldnt have been defending themselves. They would have sent Luigi and the boys around to sort out the problem. Which now sounds like it would have been the cheaper option and less stressfull, atleast for me. Why is the 2/3rds rule even there for if no-one can get it? Does anyone know of anyone getting it?
  12. terriersaregreat. I think you missed a bit of the thread M8. I was unrepresented, like I didnt have a solicitor. The people,s who tried to sue me, had a negligent solicitor. He didnt use the correct legal forms to start a case and didnt tell us what breaches his clients claimed we had breached. Therefore we couldnt defend anything as we didnt know what we,d done wrong.. I was also intereste din knowing if I could ask for a wasted costs order as I think there is a provision for damages in it. Subsequent judges told us to shut up or they would throw us out of court, and a circuit judge called hughes who lurches around the winchester are, was paid to look at our appeal and didnt even look at the paperwork. It was sumarilly dismissed. Then we got Pro Bono who advised correctly that we were in facy right all along and set out on his expencive note paper the grounds for the appeal, which was exactly the same as mine, but on expensive headings and from a very, very expensive chanbers in London. But I had all the legwork and typing and paper and printing and fone calls and everthing that goes with a long and expensive court case. But I,m expected to do it for free.
  13. Hi and thanks. I was worried I,d lost the thread. But I,m focused now. The things I am claiming for are all the hours that I have spent acting as a solicitors clerk. I have had to to do all the work that a solicitor would have done that I simply couldnt aford. I have had to follow and work with a Pro Bono Barrister for 10mths and do all the typing and printing. and paginating 10 case files, yes 10, dont ask.(he only gave advise) I had to apear in court and have the pi*s taken by rude judges who knew nothing of the law and abused me when I protested. The negligent solicitor tried and failed to blam someone else, He refused to reply to any letters or emails sent by the Pro Bono Barrister, and is now expecting me to accept a few hundred pounds. At the correct amount (2/3rds of a solicitors rate) my bill with disbesments and costs amount to £25.000.00 I was asked for 30,000.00 to defend myself, which I simply dont have. But the judge today said that if I was a banker and on 150k and defended my self he would have had to make a payment upto 2/3rds (ie say £160.per hour) what he seem to be devoid of is, common sence and that if I was a banker I wouldnt need to defend myself. Fools.
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