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Oh well done. :)

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have a similar situation with lloyds tsb credit card. I was paying £50 a month missed august and they sent me a claim form. I requested a CCA from Lloyds and their solicitors but as yet haven't received anything. I have also asked them nicely not to pursue this as I have set standing order up again and a CCJ would seriously affect my job prospects, but they have said they are persuing it but if they can't produce a CCA how can they? what shall i do now?

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Hi mel and welcome to Cag legal

 

If you would like to start your own thread then it wont get mixed up with SirPips and you will get assistance with your problem.

 

Regards

 

Andy;)

We could do with some help from you.

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Evening :-)

 

Thanks all for your good wishes. Looks like I can now divert my attentions to Link for the time being...

 

Right then, I'll send a costs claim letter and with any luck I'll be able to fund a good day out with the kids and bung a few quid CAGwards :-)

 

As ever, many thanks to Andy - I'll be tweaking your suggested letter because I didn't complete an AQ but, on the other hand, with no access to the internet to carry out research, it's amazing how much bus fares to the library add up and boy, am.. I.. a... s l o w... r e a d e r !

 

Obviously I'm delighted with this latest turn of events, but I do understand that it isn't necessarily the end, it could all start up again if an over-zealous office junior decides to take a look in that dusty old filing cabinet (Don't do it OJ :-))

 

Stoopid question, but who should I send costs claim letter to? OC's legal department or another department, or to the court?

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To the Court SirPip and guard the Notice of Discontinuence with your life.BTW would be extremely difficuilt to resurrect without the Courts permission

 

Regards

 

Andy

We could do with some help from you.

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Costs claim letter ready to go :)

 

Can anyone just advise on the following?

 

1. Letter goes to 'The Court Manager' who then forwards to claimant?

2. Do I sign letter? Coz I guess Claimant sees it.

3. Why might court allow claim to be resurrected?

4. And lastly, not important, just interested to know: Is the litigant in person rate (£9.25ph) set out somewhere, like in the CPR?

 

I'll keep you y'all posted

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Costs claim letter ready to go :)

 

Can anyone just advise on the following?

 

1. Letter goes to 'The Court Manager' who then forwards to claimant?

2. Do I sign letter? Coz I guess Claimant sees it.

3. Why might court allow claim to be resurrected?

4. And lastly, not important, just interested to know: Is the litigant in person rate (£9.25ph) set out somewhere, like in the CPR?

 

I'll keep you y'all posted

 

Hiya Sirip,

 

CPR 48.6 deals with Litigants in Person Costs. Where financial loss can be proved then that is allowable but not exceeding two thirds of what a legal representative would be allowed. The £9.25 is allowable where a Litigant in Person CANNOT prove loss of earnings.

 

I have also copied and pasted some information from the following link below. If you want to go to the link, you might have to copy and paste it in your browser.

 

Summary Guide to Costs

 

Litigants in Person

34. Where the receiving party is a litigant in person rule 48.6 (Appendix 1) governs the way in which the question of costs should be dealt with. It is necessary to decide whether or not the litigant has suffered any financial loss. If he has, he is entitled to a reasonable sum in respect of that loss. If the litigant in person has not suffered any financial loss, he is to be allowed in respect of the time reasonably spent not more than £9.25 per hour.

35. In all cases there is an absolute cap on the amount recoverable by a litigant in person, namely the reasonable costs of disbursements plus two thirds of the amount which would have been allowed if the litigant in person had been legally represented. (48.6(2)). The litigant in person is entitled to recover in addition: payments reasonably made for legal services relating to the conduct of the proceedings; and the costs of obtaining expert assistance in connection with assessing the claim for costs. This does mean that a litigant in person may be able to claim both the cost of obtaining legal advice and services as well as the cost of undertaking the litigation in person. Those qualified to give expert assistance in connection with assessing the claim for costs are: a barrister, a solicitor, Fellow of the Institute of Legal Executives, Fellow of the Association of Law Costs Draftsmen, a law costs draftsman who is a member of the Academy of Experts and a law costs draftsman who is a member of the Expert Witness Institute.

 

 

53. If these hearings are attended by a litigant in person it is reasonable to presume that the total number of hours the litigant in person will spend (in respect of preparation, attendance and waiting) is 9 hours for a one hour appointment and 14 hours for a half day appointment. In each case a further allowance should be made for time and expense in travelling to the appointment.

Costs Awarded to Litigants in Person

65. The starting point for most litigants in person is £9.25 per hour reasonably spent. The number of hours reasonably spent by a litigant in person will almost invariably exceed the number of hours which would have been reasonably spent by a solicitor.

66. It is open to a litigant in person to prove a financial loss greater than the starting point amount. That loss may be in respect of a period greater than the time reasonably spent by the litigant. For example, attendance at a one hour hearing may necessitate the litigant taking two days unpaid leave from his employment.

67. In all cases there is an absolute cap on the amount recoverable by a litigant in person, namely the reasonable costs of disbursements plus two thirds of the amount which would have been allowed if the litigant in person had been legally represented (rule 48.6(2)).

  • Haha 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Gracias CB :)

 

Can anyone oblige with my other queries ?

 

 

1. (Costs claim) Letter goes to 'The Court Manager' who then forwards to claimant? Is this right?

2. Do I sign letter? Coz I guess Claimant sees it.

3. Why might court allow claim to be resurrected?

 

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Thank you for the click. Sorry unable to help with your other queries.

 

Costs claim letter ready to go :)

 

Can anyone just advise on the following?

 

1. Letter goes to 'The Court Manager' who then forwards to claimant?

2. Do I sign letter? Coz I guess Claimant sees it.

3. Why might court allow claim to be resurrected?

 

 

I'll keep you y'all posted

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Costs claim letter ready to go :)

 

Can anyone just advise on the following?

 

1. Letter goes to 'The Court Manager' who then forwards to claimant? YES after the Court as awarded and ordered

2. Do I sign letter? Coz I guess Claimant sees it.Print name or Digital Sig

3. Why might court allow claim to be resurrected? They may try but guard your Notice of Discontinuence

4. And lastly, not important, just interested to know: Is the litigant in person rate (£9.25ph) set out somewhere, like in the CPR? Thanks CB

 

I'll keep you y'all posted

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 1 month later...

Chase the Court up SirPip

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 1 month later...

Hi :)

 

No joy re. costs claim.

 

Chased the Court mid-December and I was told that they had 'a bit of a backlog'.

 

Chased again last week and I was told that they had never received my letter! Faxed them a copy which they said they would prioritise.

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  • 1 month later...

Evening All, Long time no post :)

 

Can someone please clarify......

 

Costs claim letter sent to court November '08. No response, phoned court.

"Sorry, we never received, your letter"

 

Faxed copy letter to court January '09. No response, phoned court.

"We got your letter but we can't deal with it, there aren't any judges here or anything like that, we're just a court office. If you want to claim costs you need to go to your local small claims court."

 

:?::?::?:

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Wouldnt the cost issue be dealt with at the court the case was heard ?

 

Sorry, not certain.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Evening All, Long time no post :)

 

Can someone please clarify......

 

Costs claim letter sent to court November '08. No response, phoned court.

"Sorry, we never received, your letter"

 

Faxed copy letter to court January '09. No response, phoned court.

"We got your letter but we can't deal with it, there aren't any judges here or anything like that, we're just a court office. If you want to claim costs you need to go to your local small claims court."

 

:?::?::?:

 

 

Anyone know where I should go now :?::?::?:

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Wouldnt the cost issue be dealt with at the court the case was heard ?

 

Sorry, not certain.

Sorry, just tagged onto the end of this thread.

 

If the court was Northampton CCBC then there won't have been a hearing, just a clerk rubber-stamping a claim.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Can you not ask the court office, WHERE specifically you can send this claim request ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Sir Pip

 

I am right in thinking that your claim never left Northampton as you didnt get to the AQ stage for it to be transfered to your Local CC.Therefore you may have to submit your costs claim via your own summons through Northampton MCOL as the Claimant.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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