Thank you for coming back to me It REALLY is very much appreciated
I haven't agreed to anything as yet with my solicitor because whilst she is pushing me and I mean really pushing me to say I have to pay for all the car and their fees now and I have essentially lost...
she advised I report to police and see if it had been impounded which I have done
The police say they have nothing on record for it being stolen and I am waiting from them to see if they impounded it
This is what was agreed very late on the evening 18th October 2016 before court the following day by the solicitors I didn't receive what she had officially agreed until the following morning
Their claim is dismissed.
80% of your costs less the costs orders they had against you.
The vehicle to be returned in 7 days
The consent order records the vehicle is at the garage and estimated mileage of 43,500 ( MOT shows 42,620)
The credit record aspect is best endeavours regarding credit rating. It is not subject to this claim . However as their claim has been dismissed ( which includes money claim) they will have to record accurate information at CRA or remove it entirely.
Summary assessment of costs by the court at the end of a trial/ hearing normally results in a reduction of 20% of the amount claimed
- so the reduction on the costs you have paid would have been around £1500.
Some costs were not recoverable such as my having to review the whole file and all pleadings etc because those costs formed part of Watson Ramsbottoms costs ( I.e claimant doesn't have to pay for a new solicitor duplicating work - just as you wouldn't have to if they had changed solicitors).
The claimant also had two costs orders against you in the sum of £1680 (plus interest at 8%) and for the cost of and incidental to the further amending of the defence John & I did I.e the claimant reviewing, advising and drafting the reply - (around £1500).
The costs risks John and I discussed with you yesterday of proceeding were:
1. They obtained an order for return of car and payment of shortfall of £10,000 and an order for costs ( including those already ordered ) of around £10 -£11, 000 ( car back and you pay them within 14 days £20,000-£21,000).
2. A split order where they either got the money judgment or possession and probably reflected in the costs order by a 50% order plus existing costs orders (though you may also have been awarded 50% costs which would reduce costs element) still leaving you either paying money claim of £10,000 and around £3-5,000 costs
3. We won on both money claim and possession claim but without declaration of unfair relationship ( I.e on technical statutory omissions in the notices). We would be awarded probably 80% of your costs paid less payment for the costs orders they already had ( so around £4,000 - £4,500 net) but they would be able to reissue for possession of vehicle after reserving a new default notice
4. We obtained a declaration of unfair relationship - we obtained costs ( again around 80% less costs orders ) and they would be unable to reissue.
Sorry, meant to add sol is blaming me for not checking if car was there but she didn't ask me to, and I thought Audi would have checked themselves..