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  1. Here was another successful case: https://www.consumeractiongroup.co.uk/forum/showthread.php?458115-taking-Royal-Mail-to-Court-**WON**/page2 @Mdempsey - have you found any published precedent cases?
  2. @ Stephen150 @ randm Did you claim for consequential loss as well at the time (i.e. the difference between what RM refunded and what you sold the item for)? Would you mind sharing some of the claim references to support your claim/case and is your case published online anywhere? Many thanks,
  3. Thanks very much for explaining that, does it allow for a final order being made at the interlocutory hearing or does it have to be followed by a final hearing? I would not have thought that something as straightforward as this needs that amount of hearing time. Can I still ask for the N205c to be amended into a N205a in order to facilitate entering default judgement? No issue costs (EX160), initially asked for an estimated £300, if I put any reasonably justifiable costs under disbursements as per: https://www.consumeractiongroup.co.uk/forum/showthread.php?247247-Small-Claims-Track-Discontinuance-advice-needed&p=2767462&viewfull=1#post2767462 - that should still be permittable? Btw CC has meanwhile also confirmed SCT Are part 7 or 8 both exclusive of SCT? Given that I requested initially a specific amount of damages on the N1 & POC - accordingly shall I request at the hearing for the claim to be changed to a part 7 procedure or would part 8 apply? What is the benefit of the claim continuing as SCT or part 7 and if it continued as part 7 would that change it to FT or MT automatically?
  4. Finally after hours got hold of CC - still quite obscure, clerk could neither confirm track allocation nor part 7/8, apparently no defence submitted. Hearing listed as interlocutary - what does that mean? Given the other side hasn't responded at all, can I rely regarding costs on CPR 27.14(2)(d) and (g) i.e. the other side acted unreasonably?
  5. Thanks & will contact CC again today to find out re part, track, defence... Just came across this: https://www.consumeractiongroup.co.uk/forum/showthread.php?247247-Small-Claims-Track-Discontinuance-advice-needed&p=2767462&viewfull=1#post2767462 So all Claims are effectively Multi-Track until Track has been allocated?
  6. Yes, estimated costs and in addition it stated at the end of the POC: "Damages and costs within the discretion of the Court." In an older thread ("Application for costs" / 2007) it was stated: Re-reading the ICO-leaflet again, it becomes totally confusing as by the sounds of it if damages are asked for it appears to be neither a Part 7 nor Part 8 procedure??? - I would very much appreciate if someone could shed some light on this please:
  7. I hope I understand all your abbrevations ... couldn't get hold of CC again to get details confirmed. Afair - defendant did not acknowledge service and submit a defence. Not MCOL, local CC as it is not a money claim per se. Most and foremost it is about performance. No directions questionnaire either - I believe the Judge only wanted to establish whether the ball park figure put on the N1 is adequate. Though after calculating it based on CPR 45.39(5)(b) and rule 46.5(4)(b) @ £19/h the initial amount stated has almost doubled anyway. Re: Part 7 or 8 - CAG member car2403 stated in the following thread (2009) @ post #97:
  8. Apparently according to RCJ CAB leaflet "Going to Court" the N260 is recommended in any event as it facilitates calculations rather than a non-standardised Bill of Costs. Can anyone help regarding the use of the N260 - as stated above: How/where to record on form N260 any time/hours spent for sending letters/emails to a. The County Court and b. The Defendant ? versus letters which are itemised under Schedule of work done on documents on the last page? Does any communication with the County Court fall under 1.) Attendance on (party) and any communication with the Defendant under 2.) Attendances on opponents or under Schedule of work done on documents? Which section of Form N260 to use in order to account for relevant research regarding e.g. DPA, CPR and other relevant laws? No, as far as I am aware no defence has been submitted - at least I haven't received a copy and last time I enquired with the CC no defence had been submitted.
  9. @ Andyorch: Thanks - so going by your comments the CC should have re-issued the Notice of Issue on a N205A then (and as mentioned above they haven't) - how can I get the CC to rectify this? Regarding Part 7 or 8 - the CC was clueless and following guidance in an ICO publication (can't post the link due to low post count according to a CAG system note) - I was under the impression that it was not a Part 8 procedure as I had specified damages / costs on the N1... ??? Initially I was only after full release of the SAR information, however I also wanted the accountable time and effort that went into this to be included.
  10. Good question, the Notice of Hearing does not specify it. As the CC initially issued the Notice of Issue on Form N205C I requested them to re-issue it on Form N205A which has the detachable bottom section allowing for requesting entering default judgement. The CC has ignored that request. Is the N205A the correct form under these circumstances can I insist on them re-issuing it on the N205A or is there no real difference between the N205C and N205A regarding entering default judgement?
  11. How to claim costs as a Litigant in Person & Under which circumstances would a County Court consider the Defendant having complied with a SAR if the Defendant has only provided partial SAR information? I am sure that this question will have been asked before but I can't find an answer. I am the Claimant in a County Court action for SAR non compliance. It is coming up to the trial date very soon..! Initially I was hoping as the Defendant failed to respond within the 40 day timeframe set by the DPA that the Judge would enter default judgement and make a summary assessment on the costs and disbursments (part 7 procedure), however the Judge insists on a hearing to establish costs. What is the correct procedure and format of the claim? What are the current LiP charges (£19 ph?) and how much can be charged for drafting letters and disbursements? The information in older threads varied considerably regarding this. If using a Form N260 (Statement of Costs - summary assessment) as some have suggested here on CAG - does the first para "Attendances on (party)" relate to e.g. all communication with the CC and Attendances on opponents relate to all communication e.g. with the Defendant? Further would letters out/emails listed under one of the Attendances paras would have to be itemised/specified in the bottom section "Schedule of work done on documents" again? Or would this mess up the total sum calculated by the PDF? Thanks for your help in advance.
  12. Would someone please kindly point me in direction of some recent schedule of costs examples for circumstances like this? Thanks
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