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  1. You can of course mention it, however the Judge will have a final decision on that. I do not believe that this would constitute unreasonable behaviour from their side. For your piece of mind, make two copies of the court bundle and send them both using Recorded Delivery.
  2. Also, if you win they will have to pay court fees and loss of earnings if you have to take unpaid time off work to attend the Court. Additional costs can be claimed for any witnesses, as long as it is necessary for them to attend the Court.
  3. Dear Tryinhard, Thank you for your post. I assume that you are the Claimant in this case. Thus, if you start a Claim the proceedings will be transferred to the Defendant's local Court and this is why you are expected to travel and not the Defendant. Could you please explain what they admitted in doing? Did they admit causing criminal damage to your property in writing? Under CPR 27.14 (g): "27.14 (1)This rule applies to any case which has been allocated to the small claims track unless paragraph (5) applies. (Rules 44.9 and 44.11 make provision in relation to orders for costs made before a claim has been allocated to the small claims track) (2)The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except – (a)the fixed costs attributable to issuing the claim which – (i)are payable under Part 45; or (ii)would be payable under Part 45 if that Part applied to the claim; (b)in proceedings which included a claim for an injunction or an order for specific performance a sum not exceeding the amount specified in Practice Direction 27 for legal advice and assistance relating to that claim; © any court fees paid by that other party; (d)expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing; (e)a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing; (f)a sum not exceeding the amount specified in Practice Direction 27 for an expert’s fees; (g)such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably; and" Could you please explain how you think the Defendant behaved unreasonably in this case? I presume this Claim has been allocated to Small Claims track? If you win, then you can claim travel and accommodation costs.
  4. Below is an extract taken from the Solicitors Regulation Authority, which can be found at http://www.sra.org.uk/handbook/ You must: uphold the rule of la 1. w and the proper administration of justice; 2. act with integrity; 3. not allow your independence to be compromised; 4. act in the best interests of each client; 5. provide a proper standard of service to your clients; behave in a way that maintains the trust the public places in you and in the provision of legal services; 6. comply with your legal and regulatory obligations and deal with your regulators and ombudsmen in an open, timely and co-operative manner; 7. SRA Code of Conduct 2011 forms part of Edition 1 of the Handbook, published on 16 September 2011. The regulatory material below came into force on 6 October 2011. run your business or carry out your role in the business effectively and in accordance with proper governance and sound financial and risk management principles; 8. run your business or carry out your role in the business in a way that encourages equality of opportunity and respect for diversity; and 9. 10. protect client money and assets. Clearly the solicitors you are dealing with are not acting with integrity and are not behaving in a way that maintains the trust the public places in them and in the provision of legal services.
  5. As pelham9 mentioned, it will be very useful for us to see Particulars of Claim.
  6. I fully understand, however I am not sure how you will proceed to defend the Claim. You would like to pay the money owed, however you do not wish to pay the additional costs assosicated with Anglian starting the Claim. I do not know if this is a Small Claims Court Claim or otherwise, however if we assume that it is for the moment, should Anglian win the case you (the defendant) will be required to pay court fees. In terms of solicitors fees, in most cases the Court will not order the loosing side to pay them in the Small Claims Court, so if Anglian instructs solicitors to act on their behalf they will have to pay the solicitor costs themselves.
  7. Once a Claim is Discontinued it is difficult to restart it, especially if the new Claim they are about to bring is on the same basis as the initial one. They must make pleadings to the Court and explain why they think it would be suitable to restart the Claim. In all likelihood, the Court will refuse their application.
  8. Dear DeRichleau, Could you please provide some background information regarding the case. They are not required to provide a covering letter and I assume that details of the claim must have been delivered personally by them to your workplace (or by somebody acting on their behalf). Regardless of this, you can explain the situation in your Defence and state that you believe that solicitors acted unreasonably by leaving such private documents lying around in an unsealed envelope.
  9. I presume they will have to ask Court's permission to restart Court proceedings following Notice of Discontinuance.
  10. You are absolutely right Jasper1965. It should have said before not after. So it has been over 6 years since last payment, therefore just like Jasper1965 said statute barred is a complete defence.
  11. Also, you should not admit to owing any before a period of six years. If you do, the debtor can have the debt legally enforced by the Court. It is a good idea to write to Wescot and explain that the debt is statute barred under The Limitation Act 1980. In addition, you can print off the following document: http://www.legislation.gov.uk/ukpga/1980/58 and attach it to your letter.
  12. Dear superfox , Thank you for your post. Under The Limitation Act 1980, the creditors can try to recover the outstanding sum of money for up to six years after the last payment was made. If you have not been told about the debt by the creditor in last six years, then I believe the debt to be statute barred.
  13. It is not difficult to obtain the bank account details and you do not require evidence that it is in credit. The bank account will need to be in sufficient credit at the time it is frozen, otherwise you will not be able to apply third party debt order successfully.
  14. It is not necessary to make an application for Notice of Discontinuance via Form N279, since a letter of withdrawing the Claim to Small Claims Court would suffice. I can not remember for certain, however under CPR 38.6, liability for costs will not apply if its a Small Claims Court Claim. Notice of discontinuance will mean that benny1970 will be liable for costs, which is something I presume benny1970 wants to avoid.
  15. Dear benny1970, Thank you for your post. Could you please provide more background information to your case. I am sure that you know that CPR Part 18 is a request for further information, which means that the Defendant feels that you have provided insufficient information about the nature of the Claim. The easiest way to end the Claim is write a letter to the Small Claims Court stating that you would like to withdraw your Claim. You will not be liable to pay costs to the other side, as this is a Small Claims Court Claim. If you withdraw your Claim, you will not need comply with Part 18 request. Finally, if you withdraw a Claim you will not be entitled to have Court fees refunded back to you.
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