Help needed with a very tight one...thank you!!

[surfaceagentx20]

Just hold tight for the mo before you do anything else. There's always a risk the AQ could be sitting in some in-tray waiting to be attached to the court file. Call the court towards the end of the week by which time things should have entered the system if it's there to go inwards. If next time you call the AQ's still not in, ask the staff to produce the requisite notice directing the claim has been struck out under CPR 3.7.

 

After that you will be entitled to your costs automatically [see CPR 3.7(6)(b)]. I produced pdfs of a form of Bill for Detailed Assessment, Notice of Commencement and step by step guidance for a litigant in person in djc's thread 'Re: arrow global receivables/cope's solicitors', page 5 post no89 which you may find useful on the costs front.

 

Any queries, yell here.

 

x20

[hsbclinkdcms]

OK x20, sound advice again, thank you.

 

I will let you know Friday what's happened.

[hsbclinkdcms]

Hi,

 

rang the court today, still no AQ's and the woman stated that she had passed the file to the department that issues orders and not to worry as there response will not be accepted in any case.

 

I would like advice on how to proceed now, with regards to costs and what I should do about contacting Link about this matter? There is also the issue of CRA's, is there anything that I could do about these ?

 

I was thinking of writing to Link with the offer that I will bare my own costs in exchange for F+F settlement of this account and all information relating to it being withdrawn from the CRA's.

 

Any ideas or comments would be welcome and appreciated, TQ.

[hsbclinkdcms]

Just received in the post 'General form of judgment or order.'

 

IT IS ORDERED THAT the claim be struck out.

 

:-D:-D:-D:-D:-D:-D:-D

 

Thanks very much Guys and Gals, this is put paid to for the moment and another victory for CAG.

 

If anyone can advise as to what to do now , I think most of the points I need help with are contained in the post above this.

 

Thanks again OVER THE MOON !!!!

[surfaceagentx20]

Congrats. As for what's next, see post 76 above and the link I mentioned.

 

x20

[creditcardmug]

Excellent, another victory for us caggers, well done

[hsbclinkdcms]

Ok, I posted off a narrative and N252 to Link for the costs and heard nothing from them whatsoever. The 25 days will be up tomorrow so what is the next step please ?

[surfaceagentx20]

Complete Form N254 Request for Default Costs Certificate. Send the Form with attachments and a cheque payable to HMCS for £45.00 to the court dealing with the case.

 

Await receipt of costs certificate. The certificate will command the other side to pay the costs set out in the certificate within 14 days.

 

x20

[hsbclinkdcms]

Thanks again x.

 

Which would be the copy of the document giving the right to detailed assesment ?

 

Would it be the original order striking out their claim ??

[hsbclinkdcms]

bump

[surfaceagentx20]

Yes. Either the order striking out expressly awarded you costs or alternatively, the strike out was made under CPR 3.7 with the right to costs arising automatically under CPR 3.7(4)(ii).

 

x20

[tiokim]

http://www.consumeractiongroup.co.uk/forum/legal-issues/169958-mbna-abbey-help-please.html#post1833045

need some help please, MBNA/Restons, Court procedings

[hsbclinkdcms]

Hi all,

 

a default costs certificate arrived in the post today giving them 14 days to pay. I wonder if I'm going to hear anything back from them this time or whether I'll have to go the whole hog ?

 

I cannot understand Links' failure to reply to anyhting that has gone on between us over the last 5 months, it seems incomprehensible to me that a company of that size is apparently burying its head in the sand.

[upto the eyeballs]

great thread, my battle with link only just starting...well 1 month ago...after cca request nothing..

[hsbclinkdcms]

Well, nothing from Link whatsoever (apart from spitefully defaulting me yet again!), times up tomorrow.

 

What is the next step that I have to take to enforce the court order (that they pay costs within 14 days) ?

 

Any ideas gratefully accepted.

[sillygirl1]

Contact the court and let them know that they haven't complied - and that they have added another 'default' on your credit score that you need removed asap - (again this has increased your costs)

 

See what the court say about enforcing the order.

[surfaceagentx20]

Have you served the default cost certificate on the opponent?

 

x20

[hsbclinkdcms]

Thanks SG, I'm going to ring the court tomorrow RE this, I'm just waiting on a couple of cases on here and how they pan out as to my next steps RE the DN's.

 

Have you served the default cost certificate on the opponent?

 

x20

 

When I rang the court they said that they would serve them...Was the advisor wrong x ?

 

Thanks.

[surfaceagentx20]

OK. Then check with the court what the date of service of the certificate upon the opponent was.

 

If the time for payment has expired, get stuck in with the enforcement process.

 

x20

[hsbclinkdcms]

The order stated that they must pay by the 23rd of December, I may be jumping the gun as they still have one day but they have never replied to any communication from me to date so I have no reason to presume that they will do now.

 

I presume that the next stage of the enforcement process will be bailiffs (?). Do I need to send them notification that I am preparing to take this course of action and if anyone can help what is the process via the court (An application for a Warrant of Execution?)

 

Thanks as always.

[hsbclinkdcms]

Hi all,

 

just had a letter from the court advising me that my request for a default costs certificate was not signed and therefore not fully completed.

It then goes on to say that the claimant is going to object to the making of the default costs certificate and a copy of their objections will be sent by the court as they receive them.

 

OK....the request for a default costs certificate was not signed but how can they now object to one being made now.

 

They had until the 24th of November to lodge their objections after they had received my bill of costs, which they did not.

 

The court granted a default costs certificate giving them until the 24th of December to pay and are now in posession of an application for a warrant of execution.

 

How can they at this stage now lodge any objections to the request for a default costs certificate ?

[hsbclinkdcms]

OK

 

Points of dispute and consequence of not serving

 

47.9

 

 

(1) The paying party and any other party to the detailed assessment proceedings may dispute any item in the bill of costs by serving points of dispute on –

 

 

(a) the receiving party; and

 

 

(b) every other party to the detailed assessment proceedings.

 

 

(2) The period for serving points of dispute is 21 days after the date of service of the notice of commencement.

 

 

(3) If a party serves points of dispute after the period set out in paragraph (2), he may not be heard further in the detailed assessment proceedings unless the court gives permission.

 

 

(The costs practice direction sets out requirements about the form of points of dispute)

 

 

(4) The receiving party may file a request for a default costs certificate if –

 

 

(a) the period set out in rule 47.9 (2) for serving points of dispute has expired; and

 

 

(b) he has not been served with any points of dispute.

 

 

(5) If any party (including the paying party) serves points of dispute before the issue of a default costs certificate the court may not issue the default costs certificate.

 

 

(Section IV of this Part sets out the procedure to be followed after points of dispute have been filed)

 

 

Another question, would they have to seek the courts permission by way of an application for an order to stay etc ?

Edited January 29, 2009 by hsbclinkdcms
additional info

[hsbclinkdcms]

Seem to be finding my own answers here but would like some confirmation as I will be speaking to the court ASAP.

 

Practice direction Part 47.11 37.6

 

Application for an order to a CJ or DJ.

 

47.12

 

Court officer may set aside if they have been prompt and he can show good reason (???)

 

Would 8 weeks after the last date for them serving objections on the detailed assessment seem to be prompt ??

 

Ok they're going to disagree with the amounts but I am confident that I can argue their points on that.

[Docman]

I think you are in unchartered territory here as far as many Caggers are concerned, which may be why advice is thin on the ground.

 

The unsigned certificate may have given them an excuse to delay payment which the court are now wondering about. After all, many defences are based on imperfect documentation.

 

Why not call the court and offer to resubmit with a SIGNED form to restart the process. You will then be seen as not putting the court to the inconvenience of the hearing and removed the objection. If the DCA still goes ahead then, you will be on the high ground.

[hsbclinkdcms]

Hi Docman and thanks.

 

The court have already asked me to just resubmit the application as they had already granted a warrant of execution. This is now stayed and will be going before a DJ shortly.

 

I am, to admit, astounded as to the grounds that the DCA are lodging objections. They state that no costs order was granted by the Judge who struck out their case (for non payment of allocation fees). The sanctions to be applied in cases for non payment is covered under CPR 3.7.

 

CPR 3.7(6)(a) states;

 

6) If the claimant does not pay the fee by the date specified in the notice –

(a) the claim will automatically be struck out without further order of the court; and

 

 

CPR 3.7(6)(b) then follows on in these cases;

 

(b) the claimant will be liable for the costs which the defendant has incurred unless the court orders otherwise.

So there is no need for a costs order from the court in such cases unless it is to deny costs, certainly not to allow them. CPR 3.7(6)(b) gives automatic costs.

 

And they lodge objections on these grounds ????????????