Creation Consumer Finance claimform - old Fridge loan - struck out - they tried again - **WON+COSTS TWICE**

[AndyOrch]

Hi Intree if you could type out the P.O.C verbatum to enable to advise

 

Regards

 

Andy

[AndyOrch]

Hi Intree

 

Having read your thread in depth, that will be fine with regards to Part G.

With regards to your Draft Direction I would remove any reference to DoA as you are not privy to that information and can only be disclosed by order of the Court and would not have any bearing on your case.The main thing is the NoA which you have included.

Prepare 3 copies of the N149 Court Claimants Sols and yourself dont sign the Sols copy.

 

 

Regards

 

Andy

[AndyOrch]

Thats fine Intree you may also wish to add this to your amended defence also as you have missed it and this needs to be refuted

 

Regarding that which is denied, the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 32.40% per annum. It is therefore averred that this claim is brought in relation to a personal loan which is credit as defined within the Consumer Credit Act 1974, the defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts Interest on Judgment Debts Order 1991 Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974

 

Regards

 

Andy

Edited October 23, 2008 by Andyorch

[AndyOrch]

As per their P.O.C you stated in post 28 :-

 

4.The claimant also claims default interest pursuant to the agreement at the rate of 32.40%pa (being £2.12per day) from the date of termination to the date of payment.

 

 

Regards

 

Andy

[AndyOrch]

Looks fineto me Intree

 

Regards

 

Andy;)

[AndyOrch]

Hi Intree

 

would suggest somthing along the following lines

 

In the light of the order of Judge ???? dated ??/??/?? striking out the statement of case of the Claimant, I hereby apply for judgement to be entered against the Claimant.

 

I further apply for defence costs under CPR 27.14(2) of £??.??, which is calculated as follows:

 

 

 

Costs under CPR 27.14(2)(g)

 

I also respectfully ask the court to award costs of £?.?? due to the claimant's unreasonable behaviour in issuing a claim without following pre-action protocols, and their subsequent failure to provide evidence to substantiate their case. I estimate that it has taken me ?? hours to research and prepare my response to their action @ £9.25 per hour, which is a total of £??.??, plus £?.?? which I estimate I have spent on postage, printing and stationery.

 

 

 

He may agree these, he may not - but if you don't ask, you don't get!

 

 

Let me know your thoughts

 

 

 

Regards

 

Andy:wink:

[AndyOrch]

Courtesy of X20

 

 

 

x20's post

 

I have prepared a draft bill of costs for detailed assessment and draft notice of commencement. Both are attached in pdf format.

 

In drawing the bill I have tried to keep it as uncomplicated as possible whilst seeking to demonstrate how to maximise the amount which might be allowed. The documents may be of general application in litigation to include for example, dealing with a costs claim after successfully obtaining an order setting aside a Statutory Demand, after making all such necessary modifications to suit.

 

The bill begins with a narrative dealing with the nature of the case and the complexity of it as I imagined it may have appeared to the LiP. My imagination should not be treated as a statement of how the complexity in truth appeared to the LiP.

 

Next is a chronological statement of the steps taken in the case as they will appear on the court file. I have not bothered to go through the entire thread to establish what occurred on what day. The LiP will have to do that.

 

I have included provision for time spent which has been charged at an hourly rate of £9.25 in accordance with The Litigants in Person (Costs and Expenses) Act 1975. I can not stress enough that where time is included this is only a statement of time for the purpose of demonstrating how the figures would appear in the bill. My statement of time is not an estimate of time. Only the LiP can say how much time was spent and my statement of time may be an under- statement or an over-statement, I would not know.

 

It is worth pointing out however that the court will recognise that a LiP will most likely spend more time in a case than a solicitor. The relevant Rule is CPR 48.6 with guidance appearing in The Supreme Court Costs Office Guide (COG) Practice Direction at CPR PD 48 COG 22.4 and .5.

 

The question for the Judge considering the bill is if this case had been conducted by a solicitor, what would that solicitor’s reasonable total charge have been for doing that work? Having arrived at that hypothetical figure, the costs judge will assess the bill but disallow whatever the total bill comes to from exceeding two-thirds of the hypothetical figure.

 

It seems to me the hypothetical solicitor may have spent say 6 hours dealing with all the work set out in the bill from beginning to end. At an average charge of £150.00 per hour, that produces a hypothetical figure of £900.00. In other words therefore, if the Judge held my view about what the hypothetical solicitor may have charged, the amount to be allowed to the LiP ought not to exceed £600.00. As you will see, my draft works out at £573.50.

 

What to do Next

Complete the bill adapting the narrative to your personal experience in terms of actual work done and actual time spent. Feel free to add to it where I have not imagined work which you actually did. Insert the dates and sign and date the bill.

 

Next complete Form N252 available from the HMCS website here.

 

You will ned to complete the court and party details in the box on the RHS.

 

The draft N242 I have completed gives the position as if my figures were used. Where the total used in the bill is to be different, put that figure in the first figure box where N252 says: ‘The bill totals £xxx.xx’. (figure [1])

 

Next, add £300.00 to figure [1] and put whatever this figure in the next box where N252 says:

the full amount payable (including the assessment fee) will be £xxx.xx). (figure [2]).

 

Next insert a date in the box before which is written: ‘You must serve your points of dispute by’. This date will be a date being not less than 21 days after the date on which your opponent receives the bill and the N252. In practice, add 25 days to the date on which you post the bill out to your opponent. If that date should fall on a Saturday or Sunday, insert the date for the following Monday.

 

Next fill out the box which provides a name and address at which the opposition may deliver any response to the bill of costs. The response will be entitled ‘Points of Dispute’. I don’t imagine one will arrive and if one does, how to deal with it will be dealt with in a later advice.

 

Next, leave the box beginning: ‘I certify that I have also served’ blank

 

Next, at the very end of the bill is a third figure box before which is written ‘If I have not received your points of dispute by the above date, I will ask the court to issue a default costs certificate

for the full amount of my bill (see above*) plus fixed costs and court fee in the total amount of £’ . In this box take the figure [1] and add £45.00 to it. This is the figure which goes in this box (figure [3]).

 

Print the N252 off, sign and date it.

 

Next, send the bill and the N252 off to the opposition’s solicitor.

 

After Having Sent the Bill and N252.

Make a note when the 25 days will be up.

 

I would expect the opposition to make contact with you in an attempt to settle the question of your costs. So as to avoid hassle and heartache, I would be prepared to settle at anything which came to about one third rather than two thirds of the hypothetical solicitor’s bill. On my example, that would be around £300.00 plus the court fee. You may want to settle at something less just to be shot of it.

 

If any offer comes in which is wildly below £300.00 post to this site for advice. I would imagine the opposition will be very keen to settle since objecting will tie them into expense they will wish to avoid and any savings will soon be wiped out by employing a solicitor to deal with the objections.

 

When the cheque comes in, make a donation to CAG.

 

If you have not heard from the opposition by when the 25 days are up you will be entitled to apply to the court for a default costs certificate. When that moment arrives, post here.

 

Any queries, just ask.

 

x20

Attached FilesDraft LiP bill of costs for detailed assessment.pdf (56.6 KB, 202 views)Draft Notice of Commencement.pdf (29.9 KB, 146 views)

 

 

Regards

 

Andy

[AndyOrch]

Hi Intree

 

Not familiar with your thread, however the process normally allows 7 days for either party to oppose any application made ie to set a side.Just because they have wrote to you saying they intend or have is one thing whether the DJ will allow it is another.I would sit tight now and wait to see what the DJ decides you have wrote to the Court to confirm your disgust in proceedings the DJ will take this into consideration.I personally would go out nothing can be achieved sat worrying about what if and but......

 

Regards

 

Andy

[AndyOrch]

Told u so

 

Well done Intree

 

 

Regards

 

Andy

[AndyOrch]

I take it you didnt get out then that was the other part of my advise.You can only judge each case on its own merits and if you are doing everything expected of you there is little more that can be done.As I have stated the above reason is not valid or acceptable.Lets see whats happens in the meantime they would be very foolish to push this oh and Intree take a pain killer and chill out for the remainder of the evening.

 

I wish you well

 

Regards

 

Andy

[AndyOrch]

Thats fine Intree

 

Couldnt have put it better myself;)

 

Regards

 

Andy

[AndyOrch]

What about this, is this any help. Not too sure if you are using the same annotation for both the defence and the application notice but IMHO can be used for both.

 

1. The Claimant issued proceedings under claim number ........................... on .......................... I enclose a copy of the Order dated ............... confirming that these proceedings were struck out.

 

2. The Claimant has now re-issued proceedings under the present claim number in relation to the same facts which are the same or substantially the same as those relating to the previous proceedings.

 

3. I request that the court strike out these present proceedings as they are an abuse of process. Persuent to CPR Part 38.7

 

For your N244 I would tick the box "without a hearing" and not mention the fact that you don't really want to attend but that is only my opinion, others might have different opinions. It is up to a judge really whether he wants a hearing even though you have requested not to have one.

 

HH

 

 

Regards

Andy

[AndyOrch]

If it was struck out then you are quite right Hammy retract the 38.7.

 

 

Regards

 

Andy

[AndyOrch]

Just to agree with Caro's points Intree and to wish you all the best for tomorrow, lets hope its a favorable outcome for you and yours.

 

Regards

 

Andy

[AndyOrch]

Excellent news Intree delighted for you, just post and give me a nudge re costs and anything you are unsure of which forms etc..

Everything you need is here on CAG and dosent require any external advice.

 

Well done.

 

Regards

 

Andy:wink: