Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default how much to add for my costs

    I seem to remember reading a thread somewhere but I can't find it again....

    I'm about to start filling in my N1 as I very much doubt that the Woolwich are going to accept my 'offer'.

    There's approx

    £2200 in charges
    £500 in contractual interesticon OR £130 in statutory interest incase the judge decides I can't have the contractual

    £130 in court costs

    and how much should I put down for my own costs, bearing in mind the amount of research time etc I've had to put in? anyone have any idea of what would be reasonable?

    many thanks

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  2. #2
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    Default Re: how much to add for my costs

    is nobody claiming for their own costs then?


  3. #3
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    Default Re: how much to add for my costs

    i think that we would be no better than they are if we did that hun, but if they mess me around and still not offer what they owe once i have a court date then i will be telling them that i am adding £100 for the postage costs and photocopying etc onto my charge. also if have totake a day off work i will be charging them a days loss of earnings. but i wont be until it gets that far

    amandax


  4. #4
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    Default Re: how much to add for my costs

    I know from experience in family court that where you self litigate, the court does not recognise costs on par with those charged by a solicitor's firm for letter writing, telephone costs etc however I think amanda is quite right to expect some form of costs, loss of earnings etc that have resulted solely from that defendent's lack of timely response to resolve. Therefore, one shouldn't include costs of initial response or first request for reimbursement (ie anything up to and including preliminary letter asking for £xxx of charges to be refunded). After that point, it can be argued that the defendent failed to act in a reasonable fashion thus causing a burden of debt to the claimant.

    I will be charging telephone costs in line with per minute standard rate of my telephone supplier (which is a mobile and the fact that I have contract that gives 'free minutes' is irrelevant as any calls made to the bank have in effect used up airtime that would otherwise be available for calls of my choice).

    I will be charging actual postage (keep post office receipts for everything sent) plus £5 per 1-2 page letter which includes stationery costs.

    For photocopying, I shall be charging 10pence per A4 black and white text sheet.

    Travel should be charged at 40 pence per mile or actual receipted cost of travel using public transport/taxi. Parking receipts as per ticket face value.

    Loss of earnings should be actual. If you are normally a stay at home parent and someone else has to look after or school run your children due to a court attendance, you can claim for this (even if it is a family member). Again, their travel costs are as above paragraph and childcare costs should be in line with local rates.

    I believe that only where you are at a court etc (ie required to be available)for continuous periods of 4 hours or more should you be claim for food & drink expenses.

    It will depend on the mood and attitude of the presiding judge but as amanda says, it's unlikely to get past one intial court hearing (the directions).

    Hope that helps


  5. #5
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    Default Re: how much to add for my costs

    u mean to say i actually got something right lol thanks welshcakes ur a star.

    amandax


  6. #6
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    Default Re: how much to add for my costs

    ha ha, you're an old hand at this now amanda, I can see you as the new Clare Rayner ... Agony Aunt to the masses!


  7. #7
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    Default Re: how much to add for my costs

    pmsl why thank u hunnie, altho im much prettier than clare rayner lol

    amandax


  8. #8
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    Default Re: how much to add for my costs

    Peeps correct me if im wrong, but looks to me that it would have been more effective to claim for my costs at the time of issuing the claim? rather than trying to claim wasted costs after the event? skeggsy

    muffintop
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  9. #9
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    Default Re: how much to add for my costs

    Hi Skeggsy,
    I have seen a few threads about this, not much info to go on but as i see it wasted cost orders are intended for the small claims track and you dont know the full amount of your wasted costs until your claim is settled.

    take a look at these:

    http://www.consumeractiongroup.co.uk...ted-costs.html
    claire
    http://www.consumeractiongroup.co.uk...sts-order.html

    I'VE CLAIMED MY BARCLAYS CHARGES BACK.
    £5125.60

    Im no expert everything i write is what i learnt from my own experience and reading through other threads. Click my scales if you wish to!

  10. #10
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    Default Re: how much to add for my costs

    Quote Originally Posted by skeggs885 View Post
    it would have been more effective to claim for my costs at the time of issuing the claim?
    You can't claim a defined amount until you have completed the case however you should have included in your Particulars of Claim that you were seeking 'wasted time'/expenses costs (on top of money owed and court costs). As long as you did that, you are entitled to request the court to consider allowing them - though it's no guaranttee they will be as Small Claims tends to view the awarding of costs differently.

    If you didn't request it initially, it's unlikely the judge would entertain them as the judgement and award will be based on the application youi made and the elements specifically sought in your application.



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