Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
How To Claim Litigant-in-person Costs At County Court ?
Hi, I have a county court appearance this week regarding a Statutory Demand. I'm relatively confident that the court will find in my favour and will have the SD set aside. Assuming this is the case, how would I go about claiming costs ?
Would it just be a case of me verbally requesting costs from the judge there and then ?
Or would I need to complete any forms and, if so, would these need to be completed and returned in advance prior to the hearing ?
Would I need to provide a Breakdown of my calculated costs figure ?
I'm not looking for anything unreasonable and I'm not trying to profit from a difficult situation. I also realise that the chance of costs will depend largely on the judge in question. However, I feel that, should many of us apply for and be awarded costs, it may make DCAs a little more hesitant in abusing the SD system.
Re: How To Claim Litigant-in-person Costs At County Court ?
When I went to court to have my SD set aside, the judge presiding said that not only should the requests for the costs be sent to the court 24hrs before the hearing but it should also be sent to the DCA named on the SD.
I sent a copy of the letter to the court to the DCA 24hrs prior to the hearing Special Delivery..I showed the Judge the singature of reciept from the Royal Mail website as proof at the time of the hearing.
I was awarded costs in full....some judges take a negative view for requests for costs..it seems to be a bit of a lottery. Some award and others dont...since being on this site there seems to be more awarded than not..if you cross all your t's and dot all your i's then there is a good chance that you will get them awarded.
I added this bit to my statment which seemed to help get the judge on side...
As a lone parent with limited finances I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per hour to prepare the Application (£510-£1020) plus extra for attending the court.
I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.
In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-
Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)
In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-
27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).
Even if you dont get awarded costs and the SD is set aside...it is still a victory...you another person who has refused to bow down to their bullyboy tactics and questioned the validity of their claims.
In addition I made sure that I had the originals and a copy (or two if you think the other side are going to attend) for:
1. every letter rec from them with the envelope it arrived in showing date of postage.
2. every letter I sent them.
3. either recorded or special delivery receipt with tracking ref number.
4. poof of receipt printed off the Royal Mail site.
5. excerpts from the legislation that I used to argue my case eg: CCA 1974, Limtiations ACT 1980, (this was most handy because the judge knew that I had actually read this stuff and hadnt just cut and pasted it.
How To Claim Litigant-in-person Costs At County Court ?
appearance this week regarding a Statutory Demand. I'm relatively confident that the court will find in my favour and will have the SD set aside. Assuming this is the case, how would I go about claiming costs ?
Reply With Quote
