Help Please Re: CCJ From Northampton CCBC - ***DISCONTINUED***

[AndyOrch]

Nice when a plan comes together;)

 

Dont forget to go for wasted costs MrsZ!

 

 

Very well done

 

Regards

 

Andy

[Misterzeus]

Thanks supasnooper and Andyorch

 

I must admit to feeling rather pleased with myself. I did all the ground work (as Mr Z was at work) for the latest amended defence and TBH, I wasn't sure if I'd done enough !)

 

I will look at threads that involve wasted costs awarded to give me an idea as to what Mr Z can claim.

 

I suppose it's worth a try?

 

Regards

 

Mrs Z

[citizenB]

if you dont ask, you dont get Mrs Z.

 

I think x20 did a wasted costs for someone. It might be a good idea to check out his posts .

[Misterzeus]

Thanks citizenB! I have been having a look at the link you kindly provided: Sharpman v Nationwide credit card services - Won With Costs.

 

I am wondering if Mr Z should send a letter to the solicitors stipulating pt2537's thoughts in that thread:

 

 

its your call personally id write to them advising them that your defence is fully valid and if they wish to proceed with collection activities then you will have no option but to apply to have the discontinuance set aside

 

however, if they agree to discharge you from the debt and remove all data from your credit file you will accept their discontinuance.

 

This would be in addition to a claim for wasted costs.

 

Does anyone think this is how Mr Z should proceed?

 

Thanks

 

Regards

 

Mrs Z

 

[Misterzeus]

Doh! Just realised That in sharpman's case, the claimant's solicitor had added the following to the Notice of Discontinuance:

 

We would ask you to note however that you remain liable to repay the balance of the Credit Card in accordance with the terms and conditions incorporated in to the Credit Agreement and, as such, our client will continue to pursue this debt from you by other means.

 

There was nothing like that in Mr Z's letter from Cobbetts, so am I right in thinking that a claim for wasted costs will be sufficient and not to bother with anything else?

 

Regards

 

Mrs Z

[pt2537]

you simply need to write to the otherside and tell them that you require them to pay your costs

 

Dear Sir or Madam

 

 

Re Claim Number XXXXXXXXXXXXXX

 

I have received notice of discontinuance for the above claim from your company. I am prepared to accept this with a view that the matter is closed and will not make any application to set aside the notice although I am advised that I have this option.

 

However, as you are aware,pursuant to CPR 38.6 you are liable for my costs so far.

 

I attach a schedule of costs with a full break down as to the amounts claimed and the reasons why. I would invite your client to pay my costs, however if they refuse then I will be left with no option but to make a formal application to the court to have my costs assessed by the court

 

I trust that this will not be necessary and that your client will resolve this amicably

 

I look forward to your reply and would ask that your reply is received by no later than 4 pm (DATE 21 days from now)

 

Yours faithfully

 

 

 

in the first instance that will do the trick you just need to work out your schedule of costs

[Misterzeus]

Excellent letter, thank you very much pt2537!

 

I will work out reasonable costs and get that letter sent off. I take it that Mr Z can print his signature as he's always done? I suppose failing that he can always do a digital signature!

 

Thanks again

 

Regards

 

Mrs Z

[caro]

Congratulations Mr and Mrs Z.

[havinastella]

Congratulations on all your hard work.

 

I hope Mr Z is cooking you dinner tonight?

 

 

Jogs

[citizenB]

Excellent letter, thank you very much pt2537!

 

I will work out reasonable costs and get that letter sent off. I take it that Mr Z can print his signature as he's always done? I suppose failing that he can always do a digital signature!

 

Thanks again

 

Regards

 

Mrs Z

 

If that is how Mr Z has usually signed his letters, then I think you should continue that way. Good luck. This gets better and better doesnt it

[Having_A_Knightmare]

We would ask you to note however that you remain liable to repay the balance of the Credit Card in accordance with the terms and conditions incorporated in to the Credit Agreement and, as such, our client will continue to pursue this debt from you by other means.

 

And how the hell do they intend to do this?

[underdog13]

And how the hell do they intend to do this?

 

By asking very nicely - pretty please, will you pay us some money?

 

Congratulations Mr and Mrs Z, on beating these numpties:)

[AndyOrch]

Ok Costs try this:-

 

 

Dear Sirs

 

in respect of XXXXXXXX -v- XXXXXXXX

 

I note that you have discontinued this claim , therefore, pursuant to CPR 38.6(1) i respectfully ask that you consider payment of my costs which i feel are reasonable

 

 

1) Time spent researching the Consumer Credit Act 1974 and the Regulations - XX hours

 

1.1) time spent researching and reading case law- X hours

 

1.2) time spent drafting defence and amended defence and allocation questionnaire -X hours

 

total 25 hours at the litigant in person rate of £9.25 per hour

 

these time scales are a conservative approximation, i feel that i have spent much more time than this however i am trying to remain reasonable

 

Other costs,

 

Printing, stationary and postage £10

 

Letter writing between the myself and Muppets and yourselves 1.5 hours £13.80

 

Total=£255.05

 

I respectfully ask that this sum be paid within 21 days,

 

 

I trust the above will suffice

 

 

Regards

 

Andy

County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook.

This comprehensive and very accessible guide will take you through the process of suing or defending a claim.

This guide will help you take control of your litigation and make you more confident about doing it yourself.

[Misterzeus]

Thanks caro

 

Thanks havinastella, unfortunately no, Mr Z may do many things but he doesn’t “do” cooking, Lol!!!!

 

Thanks (again) citizenB, yes Mr Z will type his name as opposed to a signature (or rather I will)!!

 

Thanks underdog13

 

Thanks (again) Andyorch for the wasted costs template

 

 

I must confess, I thought we'd blown it, but I'm very glad we persevered!

 

Regards

 

Mrs Z

[Misterzeus]

Good morning all, Mrs Z here

 

Mr Z has received a reply to the wasted costs letter.

 

They are offering about 2/3rds of what Mr Z asked for pursuant to CPR 47.19 in full and final settlement.

 

However, at the top of the letter they have stated:

 

Without prejudice save as to costs of the detailed assessment proceedings

 

I googled and as far as I can see, this means that their offer letter would be inadmissable in Court - presumably, should Mr Z decide not to accept their offer and take them to Court for the full amount, he would not be able to submit their offer letter as evidence? Have I got this right?

 

Mr Z is thinking of accepting this offer but we would like to know if we should put something along the lines of as long as this offer is the end of the matter, the offer will be accepted or similar.

 

Any opinions/advice gratefully received as always, thank you.

 

Regards

 

Mrs Z

[citizenB]

Hi Mrs Z, well this is nice isnt it

 

I think you need to cover yourselves for the future, so if the sum they have offered is "acceptable" you now need for them to confirm that this will be the end of things.

 

If andy isnt around, then perhaps BRW or Viscount Stair could advise you on the format:D

[MARTIN3030]

Has there been any application or letter to the Court on the wasted costs side ?

[MARTIN3030]

If they have discontinued their claim,then they would need a Courts permission anyway if they wanted to issue proceedings that related to the same or similar action.

[Viscount Stair]

Citizen B, you will have to stop using my name in threads - you will wear it out!

 

I haven't read the whole thread yet, so what am I being asked to do?

[Viscount Stair]

One wrinkle of the offer they have made is the "save as to costs" bit. If you turned down the offer and the amount of costs you got awarded in detailed assessment was less than or around the same as the 2/3 they have offered you, then you would have to pay their costs for the assessment stage - since those would not be at the derisory LIP rate, you could end up owing them money.

 

X20 used to be much more of an expert on costs (and, presumably, still is wherever he or she is now) - I last did anything on costs for real when detailed assessment was still called taxation.

 

However, from what I remember of things X20 said, 2/3 is about the level at which you want to accept an offer.

 

Now, you might well want to make your acceptance conditional on them dropping matters completely, and if you do then I can try and concoct something (but it won't be during today - weather is too nice to waste and I have jobs to do outside, I am instructed). I think that might be what I was being asked to do anyway.

 

I wouldn't mind BRW's opinion on this too. BRW is more practical than I am.

[pt2537]

costs for the litigant in person are covered in CPR 48.6 .

 

You can realistically expect to recover two thirds of what you would have had to pay if you were legally represented

 

VS is correct that you would be liable for their costs if things went wrong at detailed assessment and bearing in mind my guvnors rate is £193 per hour as a bench mark, you could as VS correctly points out end up with a huge legal bill, we may be looking at circa £1k for costs assessment if it goes wrong

 

you could however invite them to consider giving you an undertaking not to pursue the debt any further ( you would have then under Promissory estoppel then) as long as they make a promise to forgo their legal rights

[Viscount Stair]

... and PT is better still (which I can safely say on this thread, I hope).

[pt2537]

... and PT is better still (which I can safely say on this thread, I hope).

:lol:

 

I hope so although im not sure these days

[Misterzeus]

Thanks citizenB - a star as always

 

Thanks Martin No application to the Courts for wasted costs, only the letter to the solicitors.

 

Thanks Viscount Stair Yes, Mr Z has decided to accept their offer, don't want to risk losing what they have offered or the chance that he may end up owing them money

 

Yes, I think that accepting their offer with conditions that they drop the matter is the way to go. Thank you for your offer to advise what Mr Z should write, very kind of you, no rush as the solicitors want a reply within 14 days.

 

Thanks pt2537 I like this part!

 

you could however invite them to consider giving you an undertaking not to pursue the debt any further ( you would have then under Promissory estoppel then) as long as they make a promise to forgo their legal rights

 

Thanks to all again for taking the time to reply

 

Regards

 

Mrs Z

[angel_1]

Well ive subbed if i may so i can learn more

 

wishing you both the very best mr and mrs Z

 

in in awe of the fab posts given by so many cag members it shows unity in all our fights and gives hope to me and others who have still so much to learn

 

have a fun day today all

 

laters angel x