Not to worry, case dismissed!

 

I'll update later with details.

 

How do I get the transcript as there is some good points to learn from?

Excellent new dreameater, I subscribed as this case was interesting. Glad you got the outcome you deserved

Not to worry, case dismissed!

 

I'll update later with details.

 

How do I get the transcript as there is some good points to learn from?

Ask the court staff for the recommended transcriber.

Arrived at court an hour early, the claimants rent-a-solicitor turned up about half hour later.

Asks to talk to me in private,

I probably should've just shown him a set of brass balls and said no.

But being unsure and wanting to know more I agreed,

we sat in a glass meeting room and he asked if there was anything he should know?

I replied this debt is statute barred as stated in my witness statement and supplemental witness statement.

He said you know it's not as this payment on the 24th September etc.

He asked about the supplemental witness statement, when was it submitted etc,

I told him a few days ago with his employers office and the court.

He asked for a copy,

I refused as he should have everything he needs and he could get it from his office or maybe a nice judge.

After this I got a bit more confident and just told him it's statute barred and I don't think we have anything more to discuss.

Got up and left the room.

Don't worry about being rude,

he was out to make me pay loads of money and from the way he argued with the judge he was trying at all costs.

So we get in to court in front of the judge.

At this point it's all a little hazy as they use a bit of legal talk.

But it was mainly arguing about sanctions.

The claimant submitted their defence late, a month late, and as the judge noted in a holiday period (Christmas Eve it was submitted to the court and me) which gave me less than 2 weeks to prepare instead of the month the judge said.

The claimant said they would be applying for relief from sanctions.

The judge wanted to see the application,

they hadn't made one so couldn't provide,

so he asked to make an informal application now to the judge.

They argued back and forth and quoted cases etc,

the judge said to the claimant you should know better to submit late,

you know the law,

the claimant argued it was a guide not something fixed,

the judge didn't like that.

The judge didn't mention my application to dismiss, or I didn't hear it.

But he said he was going to dismiss the case as there was no evidence (not submitted in time).

The claimant asked for it to be adjourned so he could apply to the court for relief from sanctions,

the judge didn't like this,

he said this court process is done to make things happen expeditiously and if it's adjourned it would take twice as long and waste twice as much time. Which isn't expeditious.

He dismissed the case and then for the first time turned to talk to me.

He asked me what costs I've incurred from them wasting everyone's time etc

I said I didn't really know as I didn't know I could claim them,

I said I had lost half a days wage for time off and couldn't provide to hand other associated costs.

He dismissed the claim and awarded me £35 to be paid by the 26th Jan.

Many thanks for everything,

I didn't get to use my defence or witness statements.

But I did get the result I wanted and that everyone helped to achieve.

Once they have paid me I'll donate that to the site to help keep this going, as with my love of an argument and not willing to bend over and take it when companies try to screw me over I'm sure I'll be back with another query!

Ps, I'll get the transcript and post it up here.

It's a lower court, but, there is a a potential for a very very small precedent to be set with applying for an informal relief against sanctions.

Top tip. Submit everything on time and notify the court if the other side don't.

Make it point 1 in your supplemental witness statement, you can just win from them missing the date.

Also with a statute barred defence,

do not talk to them, just decline to chat.

You are under no obligation to talk to them before you see the judge.

FANTASTIC, bloody well done DE, V V V V well done! Awesome....

Judge ordered them to pay me costs by today...not happened...

What's best way to follow this up?

Send an email /letter or ring and give them a nudge.

Morning, they've ignored my email and not sent the money...what do you think the next step should be?

You will have to weigh up Dream if its worth pursuing for the amount involved...whatever step you take next will involve further costs and on a figure of £35 it may be simply not financially worth it.

You beat them...they will be licking their wounds ...do you want to rub salt in also ?

Regards

Andy

I'm more that happy to do this, but I'm not sure if I'll lose out?

If I submit a claim via mcol and pay the costs and they pay up like the day after can I get them to pay the costs or is that part of the risk?

You shouldn't really be expected to issue a small claim for costs awarded but of course if you did then you would also add the fees involved.Perhaps consider issuing a LBA with a 10 day deadline ?

You are asking the Solicitor I assume not HPH2 the claimant ?

Andy

I emailed Howard cohen as they issued the claim.

The Solicitor thats liable for wasted costs

The Solicitor thats liable for wasted costs

Is that the guy on the day in court? How would I get his details? I didn't get them at the time

If Howard cohen is listed on the claim form as the Solicitor then yes thats correct

Was a "costs order" made? (Claimant needs to pay, but ask for it through their solicitor, so they get charged for the letter their solicitor sends them....) or a "wasted costs" order made (their solicitor fouled up, judge decided to sanction the solicitor, rather than the claimant)?

I think they might be reading this thread as I've just had an email saying they will pay shortly. Just need to process it. I'll hold off for a week or so before sending the lba and issuing papers.

If they can send you an email saying "we'll pay shortly" : the effort they put into emailing they should just have put into complying with the court's order!

No payment, but have had a letter through the post saying i owe £800 and they will let me off 50% if i pay now! I'm thinking LBA and then filing for £25 to get my £35 that they owe me.

Anyone help with writing out an LBA? Cheers

Morning, getting calls daily from Robinson Way asking for money. Told them I have won and they owe me money but they still ring.

How best to proceed with taking cohen to court for the £35?

And Robinson way for harassment?

Of course they can still chase the debt just because their claim was dismissed...you just have t ignore them.

With regards the outstanding costs...LBA giving them 7 days to pay or you will submit a court claim through CCBC with costs