Capquest after SD - old Cap1 debt - is this CCA ok?

[Having_A_Knightmare]

The agreement they have sent is a joke...

Attend Court and get the costs.

 

this will get you started. 18 hours min for your time

 

 

Costs For Set Aside Application Case

xxxxxx County Court xxxxx2008

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 defence. 18 hours £166.50

2) Loss of half a day’s wages swearing affidavit at Court. £ xx

 

3) Loss of day’s wages for attending court on 1st October 2008 £ xxxx

 

4) Travelling costs to court 25 miles £xx

5) Parking £xx

6) Printing, Photocopying & Law books costs £xx

Total £xxxx

 

Notes

 

I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per 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).

[Having_A_Knightmare]

Thanks all for your advice, does anyone know of an instance where the application for costs has been refused?

 

I have heard a few on this site but if you are well prepared and show that you have research the law you will be fine

Edited October 19, 2008 by Having_A_Knightmare
typo