connaunght stat demand set aside

[tiger33]

hi,been to the court to have stat demand set aside,got a letter from the court saying the date to atend is the 15-08-08,in the mean time connaught have sent me a letter stateing that they will not be attending court,so they will pay their own costs and i pay my own costs,the thing is will the court know their not attending,do i still have to attend court to get it set aside or can they do it without me.thanks

[ODC]

You should attend the Court unless the Court advises you otherwise. Go for costs against CONnaught

[tinkerbell20]

Yes you must attend. You don't need to tell Connaught you are attending though.....:DYou will be entitled to costs against Connaught.

[KER]

So they keep saying they aren't attending. They obviously aren't expecting people to go and get their SDs set aside.

 

Aren't the courts getting sick of Connaught keep doing this???

[tinkerbell20]

Suggested Costs for Set Aside

Costs For Set Aside Application Case No xxx

xx Court xxx August 2008

Rate Claimed Litigant in Person rate of £9.25 / hour

Travelling Costs HMRC Approved Mileage Rate of 40p / mile

 

1) Time spent identifying and understanding relevant legislation.

Time spent identifying and understanding relevant case law.

Time spent preparing affidavit and skeleton argument.

 

18 hours £185.00

 

2) Time spent communicating with Respondant and swearing affadavit

 

2 hours £ 18.50

 

3) Loss of day’s wages for attending court on xxx April 2008 £xxxxx

 

4) Travelling costs for return journey to court 2 x XX miles £ xxxxx

 

Total £xxxxx

 

Notes

 

Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £170 an hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

[tiger33]

thanks to everyone,will post the result of the day in court so other people can learn from it,cos before i found this site a stat demand worried the life out of me.

[ODC]

thanks to everyone,will post the result of the day in court so other people can learn from it,cos before i found this site a stat demand worried the life out of me.

Exactly the reason shysters like this send them out:mad: