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[I've got no money]

hey PF try this out for costs...

 

Unreasonable Court Costs Orders - About Small Claims (UK)

 

aa

 

not sure if this is what you want but google turned this up.

 

have a look here too....

 

http://www.justice.gov.uk/civil/procrules_fin/pdf/preview/cpr_update_49_amnd_3_si_20083327.pdf

 

Hang on a second

 

I thought that this was a fast track case

 

In which eventuality the rule is that costs follow the event - you don't need to worry about the SCT rules

 

So you need to consider Parts 43, 44, 45 and 46 both the rules and the practice directions

 

 

PART 43 - SCOPE OF COST RULES AND DEFINITIONS - Ministry of Justice

 

PART 44 - GENERAL RULES ABOUT COSTS - Ministry of Justice

 

PART 45 - FIXED COSTS - Ministry of Justice

 

PART 46 - FAST TRACK TRIAL COSTS - Ministry of Justice

[I've got no money]

I would complete before the hearing - the day before an N260 - I'd also do a schedule breakiing down what the big items of costs were - so if you've spent 40 hours on research - I'd have a schedule just saying the dates the work was done

 

The N260 is here

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n260_1001.pdf

 

I would calculate my costs on the day before and estimate the hearing costs and send a copy ofc the N260 to the other side

 

You really do not want to get involved in detailed assessments - although I have to say that I think that on a 7k claim that the court won't want to order a detailed assessment

[pompeyfaith]

thank you PT but in my case is it a second or a corrected copy of the first surely if it was a second the issue date would be different PF

[I've got no money]

In terms of your costs of preparing for and the actual trial you can claim up to £460 - this is in addition to any expenses - it is also in addition to the costs of any hearings which all have to be added to the trial claim

[I've got no money]

The 1974 Act allows for a second default to be issued, in certain circumstances, in fact you could over the course of an account have 100s of default notices issued if they are remedied

 

I'm glad that you've come in on this because I don't really understand, other than if the breach has been remedied, what the circumstances are when you can and cannot issue a second DN

 

Can you clarify it

[pompeyfaith]

also if a second can be issued does that back up that the account has been terminated because they have not sent anymore since i put the DN errors in my defense

[Gazza112]

Hi All

 

Just to let you know i have two DN's on my account, and i never remedied the first breach. So was surprised i received the second one.

 

Gaz

[pompeyfaith]

are the issue dates differant ?

[Gazza112]

Hi PP

 

Yes, one was in July 2008 with a sum to remedy, than i received another in September with a new sum to remedy.

In October i then received my Termination Notice from them.

 

Gaz

[pompeyfaith]

ok gaz thanks

[citizenB]

I'm glad that you've come in on this because I don't really understand, other than if the breach has been remedied, what the circumstances are when you can and cannot issue a second DN

 

Can you clarify it

 

It is my understanding that until and unless the account is terminated the company can issue as many Default notices as it wishes.

 

However, I have also seen posted somewhere that only the first Default Notice would apply as long as there has been no remedy taken in between. I think this is something that needs to be clarified.

 

Once a Termination Notice has been issued then no further Default notices can be issued because you cannot default a terminated account !

[r&b]

It is my understanding that until and unless the account is terminated the company can issue as many Default notices as it wishes.

 

However, I have also seen posted somewhere that only the first Default Notice would apply as long as there has been no remedy taken in between. I think this is something that needs to be clarified.

 

Once a Termination Notice has been issued then no further Default notices can be issued because you cannot default a terminated account !

 

as a general question then, what constitutes Termination? would the fact that they have sent a stat demand for example mean that they had deemed the acc as terminated?

[WelshMam2009]

as a general question then, what constitutes Termination? would the fact that they have sent a stat demand for example mean that they had deemed the acc as terminated?

 

Demanding the full amount or selling the debt on as an absolute assignment.

 

The former could be by way of court proceedings or a letter demanding the full amount I guess.

[WelshMam2009]

However, I have also seen posted somewhere that only the first Default Notice would apply as long as there has been no remedy taken in between. I think this is something that needs to be clarified.

 

That seems logical CB...so say, you default in 2006, catch up with payments (remedy) and then say in 2008 start missing payments again and so a second default is issued. Fair enough...

 

But, if you default and don't pay, then that default should stand (in my opinion!!) as it has not been remedied and hence, is still current.

[r&b]

thanks welshmam, and PF for use of ur thread.

[pompeyfaith]

IGNM,

 

Thanks for the help with costs and N260 where do i enter costs for things like inkjet paper and ink etc.

 

PF

[citizenB]

Originally Posted by r&b

 

as a general question then, what constitutes Termination? would the fact that they have sent a stat demand for example mean that they had deemed the acc as terminated?

 

 

I would think this would qualify as termination, yes.

 

 

That seems logical CB...so say, you default in 2006, catch up with payments (remedy) and then say in 2008 start missing payments again and so a second default is issued. Fair enough...

 

But, if you default and don't pay, then that default should stand (in my opinion!!) as it has not been remedied and hence, is still current.

 

yep

[I've got no money]

Demanding the full amount or selling the debt on as an absolute assignment.

 

The former could be by way of court proceedings or a letter demanding the full amount I guess.

 

I'm not sure if assigning the debt is the same as termination?

[I've got no money]

IGNM,

 

Thanks for the help with costs and N260 where do i enter costs for things like inkjet paper and ink etc.

 

PF

 

It goes in as an expense - Page 2 other expenses - if you've had to pay for photocopying then it goes in there

 

Don't forget to include postage etc

[citizenB]

Demanding the full amount or selling the debt on as an absolute assignment.

 

The former could be by way of court proceedings or a letter demanding the full amount I guess.

 

I'm not sure if assigning the debt is the same as termination?

 

I wouldnt have thought so either.

[pompeyfaith]

IGNM would that go in where it says OTHERS ? and then add a brief discription

[pompeyfaith]

Ok Thank You

 

Ill tip your scales

 

PF

[I've got no money]

IGNM would that go in where it says OTHERS ? and then add a brief discription

 

Yep - don't forget that any expenses are extra to the amount you can claim in respect of costs

[WelshMam2009]

I'm not sure if assigning the debt is the same as termination?

 

Isn't an absolute assignment, as stated, (as opposed to equitable) a legal change of ownership??

 

For this to occur, the account needs to have been terminated by the OC.

 

Therefore, if the OC has issued a dodgy DN, then he is unable to go back and rectify the problem.

 

That's not to say that the assignee cannot issue DN's but the first will stand.

[I've got no money]

Isn't an absolute assignment, as stated, (as opposed to equitable) a legal change of ownership??

 

For this to occur, the account needs to have been terminated by the OC.

 

Therefore, if the OC has issued a dodgy DN, then he is unable to go back and rectify the problem.

 

That's not to say that the assignee cannot issue DN's but the first will stand.

 

I don't know if I agree with that - I'm just not sure that an absolute assignment is a termination. If it were the case then if the agreement were terminated the assignee would not be able to issue a DN at all, as the agreement had already been terminated by the actual assignment.

 

As I keep saying I honestly don't know if an assignment terminates an agreement - in principle I can't see why it necessarily should.

 

Can you point me to a bit of case law - cos it sounds like a really interesting issue