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.
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hi sent my cmis via email to the court and inga @ Abbey i rang to check if she had recd it, she stated that she hadnt and could i resend her a copy along with my contact number (which i have) now i feel like that might of been the wrong thing to do. The Court have recd their copy they also told me to ring abbey to prompt them into settling my case. How does the wasted cost order work? How can i ask for my materials hours ect in a convincing manner when she is only going to quote thst the small cost rule still apply. Please help i have some receipts for ink, paper, postage ect. I have a feeling i am going to hear from inga soon so want to be prepared. I have read the threads concerning the Mercantile court, but still uncertain about some things. Should i take a witness statement with me to the direction hearing for reference? along with schedule of charges? or anything else. i feel like i am on top of everything then need reasurance that i really am.
As far as I am aware the 'Wasted Costs Order' only applies if you actually get to the hearing and the bank settles either there or just before the hearing, ie where the bank has dragged you along to the hearing knowing full well that it was not going to defend the case. See Bank Fodder's thread about wasted costs order in this Mercantile forum.
If the bank settles with you before the day of the hearing so that you do not need to go to the hearing, then as far as I am aware the wasted costs order is not applicable.
With regard to your costs of research and preparation of the claim, the aq and a CMI sheet, (ie your time plus photocopying, postage etc) under the small claims rules I don't think you have any way of recovering those. Only if your case has been transferred to the Mercantile and it is stated that the multi-track will apply (not small claims track) can you claim for those costs.
:grin: :grin: RECD EMAIL TODAY @ WORK, :grin: :grin:
Ive won only problem letter does not say anything about default notice.
Also Abbey have given me £220 for court fees i did not have to pay due to exempton. What should i do i was thinking not to go for cost even though court indicated i would recd them. I have been smiling like the cat that ate all the cream lol
I will ring Inga in the morning ask about default notice any sugestions most welcome.
EVERYONE................. ... DONT GIVE UP YOU WILL GET YOUR MONEY BACK JUST MAKE SURE YOU ARE SURE OF WHAT YOUR DOING. Read read read.
I have to let the court now we dont need to attend court but dont want my claim to be settled offically until i have the actual funds in my account cleared. I no longer bank with shabby..... Thank goodness. Is there any template letter for that. Wow i am amazed donation will be forth coming when i receive my money.:grin: :grin:
Direction hearing @ Mercantile 08/06/07
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