me v restons / **DISCONTINUED**

[citizenB]

Excellent news, Perdita. Let us know when you have the letter from teh court and we can change your title to reflect your success.

[AndyOrch]

Well done Perd

 

Delighted for you now go for the wasted costs.

 

Regards

 

Andy

[Perdita]

Thanks Andy

Citizen - I spoke to the court yesterday and they say they dont send out any confirmation as they received the same letter from the claimant advising of discontinuance so I presume it is just safe to file it away with the rest and thats the end.

 

Now doing wasted costs - does anyone think its worth a punt toask for the PPI back?? amounts to about £1400 - i cant be bothered to do it through the court now Ive got this far to closure with them but just thought it may be worth mentioning it and saying i intend to claim it - what are anyones thoughts??

P x

[AndyOrch]

Keep it seperate Perd they wont go to Court and settle before it gets that far.Just get your LBA in after the dust as settled on the above matter.

 

 

Andy

[citizenB]

Andy, is that correct that no confirmation is sent out by the court ?

 

Also, is this just the SJ that has been discontinued ?

 

Perdita, I would as suggested by andy, keep your PPI reclaim separate. Have you already sent in your initial request for refund of mis sold PPI ?

[AndyOrch]

Andy, is that correct that no confirmation is sent out by the court ? Depends which Court which staff what day and mood CB but as long as the Court acknowledge receipt of said discontinuance then Perd will be fine

 

Also, is this just the SJ that has been discontinued ? The whole claim I would envisage you cant discontinue a SJ hearing you vacate it.

 

Perdita, I would as suggested by andy, keep your PPI reclaim separate. Have you already sent in your initial request for refund of mis sold PPI ?

 

 

 

Regards

 

Andy

[citizenB]

Originally Posted by citizenB

Andy, is that correct that no confirmation is sent out by the court ? Depends which Court which staff what day and mood CB but as long as the Court acknowledge receipt of said discontinuance then Perd will be fine

 

Also, is this just the SJ that has been discontinued ? The whole claim I would envisage you cant discontinue a SJ hearing you vacate it.

 

Righto, thanks for that information.

 

Ok, Perdita.. I have amended your title to reflect the success story. :grin:

[Perdita]

Thanks guys - lady at the courts actual words were "the trial was vacated"

Will get on with the costs first and then tackle the PPI

 

P x

[supasnooper]

Congrats and well done.

 

Get that costs order in and make sure you claim for everything.

 

here's some bedtime reading -

 

WASTED COSTS THREADS

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

also

 

Liabilty for Costs CPR 38.6

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

 

and a B_R_W post on what else you can claim - B_R_W additional costs you can claim

[Perdita]

Ok I sent the bill of costs and N252 on Thursday by recorded and got a reply by return this morning. I was claiming £562 - this is the reply

 

" We consider the amount to be excessive and disproportionate to the claim. We cannot envisage how you can justify 63 hours of time on this matter. We would also state that had the matter proceeded to a final hearing the matter would have been dealt with by the small claims court where ordinarily only modest costs would be allowed to the successful party.

 

Accordingly to avoid the need for a formal assessment of costs wea re prepared to offer you £200 in full settlement of your costs. This offer will remain open for for 7 days"

 

What are peoples thoughts on this? Disbursements on the claim were £56 the rest being time. Their bill of costs came to nearly £700 being 5 hours at £139 per hour.

 

Thanks

Px

[supasnooper]

You have three options here :-

 

1/ Accept the offer.

 

2/ Write back declining their offer and propose an offer you are prepared to accept or you will go back to court for a Judge to decide incurring extra costs against them.

 

3/ Write back to the telling them you will go back to court for a Judge to decide and ask for the costs incurred in doing so.

 

IMHO, I would go with number 2 and write back asking for a sum that you are happy with if you do not wish to go back to court.

 

However, if you decide that you wish to ask for full costs then go back to Court not forgetting to add on the extra costs.

 

A quick way to do this if you want to negotiate, is to create an e-mail account just to deal with Restons with hotmail or yahoo.

Send an e-mail to whoever has sent the letter ( e-mail address is normally on their letter).

[supasnooper]

I've just looked back through the thread and I cannot read anything about the case being allocated to a track.

I know the AQ was an N149 but until the Court receive the return of the AQ's, it is then when a decision on track allocation is made.

 

Restons........well being Restons; have gone down their usual route of applying for Summary Judgment before a track was allocated.

 

So, as the case is trackless, it is deemed to be multi-track which leaves Restons fully exposed to your costs !! ........ and they should know that.

Edited March 13, 2010 by supasnooper
typo

[Perdita]

Thanks Supa - I have looked through all the papers and you are correct in as much as the only reference to a small claims is the AQ. I think I will write back pointing all that out and stating a figure I will settle at and see what they come back with. Can they hold me to the 7 days thing? The reason I ask is that i go in hospital for an op on monday so although I will get the letter off tomorrow I wont be able to respond to anything else for a few days at least. Should i put without prejudice on the letter??

 

P x

[supasnooper]

If you are going to decline their offer then the 7 days does not come into play.

 

You should head your letter "Without Prejudice" and make sure that you state if your offer is not accepted then you will refer the matter to the Court....and remind them that the claim was not allocated to SCT and they are responsible for all your Wasted Costs.

[jason_mnm]

Hi guys I am also like u all with Restons. They applied for summary judgement. Can u kindly comment if the following is enforceable other than legiblity issue:

 

The first page of the aplication form:

 

MBNA Application form-1st page picture by jason_mnm - Photobucket

 

The reverse side of the application form

 

MBNA Application form-reverse side picture by jason_mnm - Photobucket

[Perdita]

Hi all - sorry not been on but been inhospital and ordered to take things easy for quite a long time

Anyway I got the letter off declining the offer, told them what i would accept and lo and behold a cheque arrived by return !!!

 

Jason - Im not the best person to ask on this sort of thing as I have absolutely no idea why they suddenly dropped the case. If you havent done already I would start a thread of your own as this might not get anyones attention on this one as it has been editted as discontinued. If you do that someone will be sure to give some advice Good luck with it.

 

P x

[citizenB]

Hi all - sorry not been on but been inhospital and ordered to take things easy for quite a long time

Anyway I got the letter off declining the offer, told them what i would accept and lo and behold a cheque arrived by return !!!

 

 

P x

 

This is good news. Now do as you are told and rest up for a while.

[supasnooper]

Well done Perdita.

 

Good to see you got another one over Restons with your costs .................... and do follow the advice given by CitizenB in the post above.