Litigant in Person Costs For Set Aside Application Case No xxx of xxxx At xxxxxxx County Court xx xxxxxx 2010 Rate Claimed Litigant in Person rate of £9.25 / hour Travelling Costs HMRC Approved Mileage Rate of 40p / mile 1) Time spent identifying and understanding relevant legislation. Time spent identifying and understanding relevant case law. Time spent preparing affidavit and skeleton argument. xx hours £xxx.xx 2) Time spent communicating with Respondant and swearing affadavit x hours £xx.xx 4) Travelling costs for return journey to court 2 x xx miles £xx.xx 5) Stationary, photocopying and postage costs £xx.xx Total £xxx.xx Notes Prior to undertaking this myself I approached a solicitor to handle this matter. 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 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).

Hang on Whiteheart I just typed it all out then lost it by hitting a wrong key

Back again, I'm not sure whether to tick Yes/No to section A for the mediation service, what would be the benefit of ticking yes? I'm guessing that I don't have to pay a fee as I'm not the claimant and I'm not making a counterclaim. Also just noticed that on the AQ that the last date given for filing is a year wrong...the stamp says 2009 and not 2010, I'm guessing that they have forgotten to turn the year on the date stamp, but will it have any implications?

So sorry but I don't know how to get rid of the font bits

Hi again, I've tried to make sense of the threads and think that the following may be suitable to use. Could you please just verify for me as I'm so scared of getting it wrong.

Thanks CB, I'll have a thorough read.

Hi Whitehart, I recently got a CQ SD set aside with help from 42man. I claimed and was awarded Litigant in Person costs. You need to submit your costs to the court & CQ at least 24 hours before the hearing. You can claim at a LiP rate of £9.25 per hour for: Time spent indentifying & understanding relevant legislation, relevant case law, time spent preparing affadavit. Time spent communicating with Respondentand swearing affadavit. Travelling costs (I had 2 journeys to court...swearing affadavit & attending hearing) @ 40p per mile. Costs for photocopying, stationary and postage. Also take a copy of your costs schedule with you to the hearing as even though I had submitted mine to the court they weren't given to the judge. Hope this helps.

Can anyone offer advice please

Hi, I've now received from Northampton an N271 (notice of transfer of proceedings), an N152 (notice that defence/counterclain has been filed) and an N149 (allocation questionnaire - small claims tracks). I still haven't received anything from Weightmans in response to my CPR31.14., so would I use the example given in the N150/N149 thread? Cheers

Love and hugs BB. Get well very soon xxx

They can and do just issue SDs. A Statutory Demand is a warning that gives the alleged debtor 21 days to pay up. A bankruptcy petition may follow if a set aside is not obtained. The above quote is from The UK Insolvency Helpline website. I hope this clarifies things for you Nicoalfredo.

Hi Gaznkaz, I refer to your post #28, as Jimbo says...a set aside doesn't mean the debt is written off. It just means that the very unpleasant SD situtation is over...and you may come out of it with costs awarded to you. Goodness knows what Crapquest are planning for me next...maybe beheading or being burnt at the stake...but 1 thing I know is I will have support from the excellent people on here....I can hear them now shouting 'burn her, burn her'...lol..just joking! If you don't own your home and have limited assets you may wish to ignore the SD forms (if & when they arrive) let them carry on with their threats, in reality they probably won't do anything....but they might! They do not have to involve the court when sending out a statutory demand, it is the application to set it aside that involves the court (forgive me if I haven't got this 100% correct). There will not be a court stamp on the Statutory Demand from Crapquest..it doesn't need one. Capquest's use of Statutory Demands is in most cases a scare tactic when their other forms of bullying have failed. I would suggest trying not to worry about it until the Statutory Demand arrives, then put your energy into doing what you feel you have to. You will get lots of support and advice on the site to guide you through the process if you decide to go for a set aside. All the best, Zim. P.S. Report Crapquest to OFT.

Hi Gaznkaz, I have some experience of Crapquest, I've been dealing with them for over 3 years now. They will have increased the original amount by adding interest, I don't know if this is legal or not. On the statements they send out it says something about interest may be waived if regular payments are made...but they add it regardless...sometimes in massive chunks. The threat of a Statutory Demand is their last attempt at scaring you into paying up...but...they more than likely will issue it. Issuing the SD will not cost them anything, they just have to print the forms off. I believe its when (and if) they follow it through it will cost them. So be prepared for the SD to drop through your letter box, its not too difficult to get it set aside and its highly likely that at the last minute Crapquest will write to the court saying they will not oppose the set aside. You turn up for the hearing,the Judge approves the set aside, you claim costs from Crapquest...simples. I've just been through this with Crapquest myself, and I know lots of other Caggers have too. If and when the SD arrives you'll get lots of advice and support on here. All the best.

Thank CB, I'll get a SAR off to the OC, I thought it might be useful to see what info they have just incase EQ come up with something they have 'made', as I know for sure that RBOS' letter of assignment came from EQ. I had thought about sending Weightmans a reminder about my CPR31.14, but then I took the view that as they are solicitors they should know they need to respond to it, and that it was not my job to have to remind them of their obligations.........or am I just being as bl**dy minded as them? I suppose a polite reminder could show that at least I'm being co-operative.

Hi all, I got a letter from Weighmans this morning advising me that Equidebt do not accept my defence and they will be proceeding with the claim. I haven't had any response at all to my CPR31.14. Is there any action I need to take? I was wondering if a Subject Access Request to the O.C. would be useful, any thoughts anyone? Thanks.

Hi Echo, I hope you got some help with your defence. If not and you still need to file, I've copied up the defence I was given to use...my POC were exactly the same as yours. Hope this helps, you can amend to suit.

Thanks all, but without the help I received on here I couldn't have done it, I'd have just given in and let them have their 'wicked way'. So a BIG thanks to all who helped. Gezwee, my costs weren't huge...not enough to break CQ...but enough to pay a years car tax which is due next month and almost enough to pay my TV licence as well I can't remember if there was a reference number on the SD and when I got back from court I took it upstairs and threw it to the back of the wardrobe....so it didn't keep giving me the evil eye as it has done for some weeks now! I'll check tomorrow..as I'm trying to celebrate tonight...tried last night but I just felt so ill and tired I went to bed early...tbh I'm feeling the same tonight but I'm determined to drink the Champagne that my brother bought me for Xmas. Godmother...In some ways I'm hoping they don't pay...as it might give me some leverage when they start their threats again, which I am expecting to happen...but that will be another thread...and now I intend to drink that Champagne...so I'll be back when...and if...I sober up. CHEERS ALL

Hi, well I had my time in court and the set aside was approved, I also got my costs..although I didn't think I would for a while as despite submitting them to the court more than 24 hours in advance they had not been put in my file. The Judge didn't seem to understand Litigant in Person costs, and when I opposed CQs request for 'no costs' he looked bemused and asked what costs I had incurred. After I explained he spent about 10 minutes reading up in a legal book. Fortunately I had taken a copy of my schedule and eventually after much more reading he granted them. I found it a very scary 25 minutes, but at least its over now...just waiting for CQs next move now Oh and their cheque!

Which is why your suggestion of doing a Subject Access Request sounds so good Will maybe provide evidence of the lies we know they tell, and that their method of doing business is dodgy to say the least. I've been thinking of doing one myself, maybe we should bombard them with such requests, the results would make interesting reading

It will be very interesting to see how Crapquest respond to a Subject Access Request as I have a letter from them that states they only keep correspondence for 3 months. Hmmmm

Hi and thanks both of you. Vint I've gone through a copy of my setaside application and using post its have attached notes that I may need to refer to. According to CQs letter they faxed & posted copies to the court, but I'll take my copy anyway..with my notes pointing out their 'error' about when I made my formal complaint..also their letter saying they no longer had my letter of formal complaint as they only kept correspondence for 3 months! Anything that will show this 'alleged' company for what they are! 42man I will spit fire...and brimstone at CQ, they have put me through hell..not just since the SD but before it too. I have submitted my costs today by e-mail to the court and standard 1st class to CQ...s*d them I thought, not paying anymore in case my costs are refused. I have almost prepared my complaint to OFT but held back on sending it...waiting for the setaside outcome..but I will now finish it and highlight some of their *glaring* lies. Many thanks both. xxx

Cheers Vint, For the hearing will I need to prepare a skeleton argument, if so is this just reiterating the points made in my set aside application? I want to appear prepared...even though I'm not, I'm a total bag of nerves tbh! Thanks

Hi, I've had a claim issued against me by Weightmans/Equidebt too....same incomplete sentence at the end! This is the defence that I was given to use, you could use it as a guide and adjust it to suit your circumstances. Its also of a suitable word count to submit online if the claim was issued from Northampton. Hope this goes someway to helping you. All the best

Hi, well only 2 days to my set aside hearing, heard nothing from CQ since acknowledgement of CCA request on 11 December....until this morning....had a letter acknowledging my set aside application, the letter aslo advices me that my formal compaint is still under investigation. They attach a copy of a letter they have sent to the Court, which states..... Since sending the SD to the application we have received a formal complaint from her (well no actually, the formal complaint was sent in July 09) and have placed the acc on hold. We are in the process of investigating her complaint and in these circumstances we do feel that it is appropriate to seek to issue a bankruptcy petition. We do not accept that the debt is not due however in view of the above we ask that the application be granted but with no order as to costs. If, as we anticipate we subsequently obtain information which enables us to prove that the debt is due we will proceed by issuing a claim in the County Court which will allow the applicant the opportunity to defend the claim. We do not consider that there are any additional matters upon which we will be able to assist the court at the hearing of the application blah blah blah. I'm a bit confused as they say in one paragraph they feel it is appropriate to seek to issue a Bankruptcy petition, then in the next para they ask that ask that the application is granted I'm wondering if its a typo or designed to confuse me. Any thoughts, and should I still attend the hearing? Cheers.

Just a thought but if they only sent a blank CCA it means they no longer have a true signed copy...so how can they back up their claim that it was opened in 1972?