All posted, special signed for delivery by 1.00 pm tomorrow. Next stop Skeleton Argument bullet points. Probably going to have the evening off!

Edited: Sorry Andy I posted the above before I saw your post.

I thought a Skeleton Argument was sort of my notes on the WS

- bullet points - to remind me of my main arguments?

At the moment I feel like I have read through that WS so many times that I'll be able to recite it

- but that will probably change in front of a judge!

What do you mean that not all claims require one?

Probably going to have the evening off!

Can I also

Think you definitely deserve it Andy. I edited my earlier post but probaby too late for you to see it.

What do you mean that not all claims require a skeleton argument?

Was mulling it all over on the way to the Post Office

- my main legal arguments are (?)

Hearsay on their part,

Statute Barred,

No Default Notice,

lack of compliance with CCA/CPR requests (back up of suspect documentation)?

If the judge decides to go down the 'probabilities' route

then the probability is that with their hearsay documentation,

reconstituted agreement, terms, letters and very generic list of transactions, and a claim of a default notice which appears to not exist, that debt (if it exists) could belong to almost anyone.

Also there is a probability that,

realising the imminence of statute barred for this alleged debt,

they decided to have a last ditch effort to pursue the debt,

and recoup far more than they paid for it when they purchased it,

even though they were outside the statute barred timescale.

Am I on the right lines here, or is that too inflammatory?

Which reminds me...

I keep forgetting to say this,

but the debt has dropped off my noddle account at the latest monthly snapshot yesterday.

Wish I had remembered to say that earlier.

of no importance

just means the default reached its 6th birthday

of no importance

just means the default reached its 6th birthday

Have been so focussed on the WS that I just realised I don't really know much about the potential outcomes of all of this!

from what I can gather, the possible outcomes:

Discontinued by Lowell/BW before the date

On the day:

If they don’t turn up – dismissed/struck out (is there a difference) or ruled in my favour?

If they do turn up: dismissed/struck out; ruled in their favour; ruled in my favour

If dismissed/struck out/discontinued or in my favour, can I claim costs and if so do I have to prep this in advance?

Don’t want to spend time on it in advance unless I have to

, or if there is a real advantage,

as if I lose

, I will feel that I have given them even more!

I have had a look at a few threads re costs, but they mainly seem to be quite old.

There are references to special court forms for this,

but also some people seem to favour simply an itemised statement/list to take to court.

Its small claims costs are fixed already in their POC

Have been so focussed on the WS that I just realised I don't really know much about the potential outcomes of all of this!

 

from what I can gather, the possible outcomes:

 

Discontinued by Lowell/BW before the date Unlikely given that they have prepared and served their WS

 

On the day:

If they don’t turn up – dismissed/struck out (is there a difference) One and the same or ruled in my favour? Hope so

If they do turn up: dismissed/struck out; ruled in their favour; ruled in my favour Correct

 

If dismissed/struck out/discontinued or in my favour, can I claim costs and if so do I have to prep this in advance? You have to ask the Judge best to have a rough figure ready

 

Don’t want to spend time on it in advance unless I have to

, or if there is a real advantage,

 

as if I lose

, I will feel that I have given them even more!

 

I have had a look at a few threads re costs, but they mainly seem to be quite old.

 

There are references to special court forms for this, Thats for Fast Track..your in Small Claims track

but also some people seem to favour simply an itemised statement/list to take to court.

Andy

Thanks for the replies DX and Andy.

DX - are you saying that I can only claim the same figure as they have indicated in the costs section of their POC?

Edited... they have listed £50 legal representative fees. Is that the amount I can claim? I think I'll be over that with stationery, postage, and travel/parking expenses alone, or can I not claim them?

blacksofa

Thanks for the replies DX and Andy.

 

DX - are you saying that I can only claim the same figure as they have indicated in the costs section of their POC?

 

blacksofa

No...thats the fixed fees for the claimant costs for issuing the claim......if they win they can ask for further costs.....which is at the discretion of the Judge.

No...thats the fixed fees for the claimant costs for issuing the claim......if they win they can ask for further costs.....which is at the discretion of the Judge.

So I can claim postage and stationery costs then (with receipts) and mileage? and car parking?

What about this hourly fee for LIPs that I have read about (£18 or £19), Can I also claim under that? I don't think I could put on a claim for the actual number of hours I have spent on it, as that comes into £100s.

I have read that the max that can be granted by the judge is 2/3 of that which would be payable to a solicitor dealing with the case for you.

Any ideas on what a realistic figure would be?

And also £90 for a days work if you have to take a day off....have a rough tot up and you give me a figure your thinking of ?

And also £90 for a days work if you have to take a day off....have a rough tot up and you give me a figure your thinking of ?

OK Andy, will do, either later tonight or over the next few days (back to work tomorrow). I have read somewhere mileage = 40p per mile - is that still correct?

Not sure about the day off work issue - I have booked it as annual leave, so don't know if I can claim for that - bit miffed I have had to lose a day's leave though. (£90 a day would be nice, but I'm in the sticks and working in Adult Health and Social Care, so £60 is more like it!)

Blacksofa

Yes as far as Im aware...40p per mile

So... came home from a long early shift at work, planning to spend the afternoon/evening writing out my skeleton argument and my expenses, to find a Notice of Discontinuance from BW.

Have rung the court and they have received their copy,

the case has been removed from the hearings list on Friday

and moved to the 'Dead Zone' which made me snigger.

Enormous thanks to DX and Andy for your help.

There is no way I could have achieved this without it.

Pay day on Thursday and although it won't be huge,

I will be making a donation.

Drinking coffee and eating doughnuts whilst humming 'Fanfare for the Common Man'!

Blacksofa

no Lucky Man...know the album well

dx

Well done Black....I guess the Witness statement was worthwhile.

Thread title amended to reflect the result........delighted for you.

Regards

Andy