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

[intree]

Oh right - I did not realise that at all...............

[jon_boy75]

did they take you to court?

[jon_boy75]

if so, you need to counterclaim for the removal of false adverse data, if indeed it is false

[intree]

yes they did, with the help of this great site and the many helpful comments, I think I have succeeded in having it struck out, just waiting for the order to be made under CPR as above.

 

They then failed to submitt the details to support their claim etc.

[intree]

just found this, on the web, dont know how useful but may be of help to others too.

How to attempt to remove a Default Notice | LearnMoney.co.uk

[jon_boy75]

unless the court orders them to remove the data, you will need to follow that process. It's a pain, so expect it to take 3-6 months. If they still dont act, you will need to take them to court

 

Jon

[intree]

AT LAST:

 

Just called the Court and they have made judgement

 

Claim now Struck out under order of DJ.

Costs be paid by claimant, either by agreeemnt with defendant, failure of which will allow court to make assesment and award.

 

Still waiting for the written order, but this is what I have been advised verbally.............SO THANK YOU TO ALL OF YOU FOR YOUR SUPPORT - I COULD NOT HAVE DONE THIS WITH OUT YOUR SUPPORT.

[Gazza112]

Congratulations Intree well done.

 

Gaz

[I've got no money]

Congratulations - that is brilliant news - now its' the costs

[intree]

Thanks so much - especially to IGNM who has helped me in this over the last few weeks, Just one question, how do I now get the costs from the other side?

 

Will the court send them the order or will I need to approach the vultures, do they usually pay up??

 

Thanks so much

[I've got no money]

The starting point is that you have to work out how much your costs actually are. As a litigant in person you can claim for everything you've done at £9.25 per hour

 

That means:-

 

Research - including time spent on CAG

Writing letters/drafting documents (including the defence)

Telephone calls

Reading and considering documents/letters from them

Reading and considering Court Documents

Preparation of documents for court - time spent photocopying etc

Travel to/from court

Preparation

Hearings

Speaking to the other side

Waiting at court.

 

That just about covers the time element

 

You are allowed to claim up to two thirds what a Solicitor would charge to do the job

 

In addition you can also claim for out of pocket expenses - things like car parking, postage, photocopying, Court fees etc

 

What you have to do is work it all out then write a letter to the other side and tell them how much it is - it helps if you give them a breakdown as to how much time you've spent doing certain things. They will then respond with an offer - if its' not enough then ultimately there is a process whereby the court makes a decision but take it stage by stage

 

There are a couple of really useful cases on costs (thanks to Supasnooper) here

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-court-papers-help-required-12.html#post2295741

[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:

[I've got no money]

Andy, the Court has apparently already made a costs order

 

"costs to be paid by the claimant, either by agreement with the Defendant..." (see post from Intree - post 249)

 

It's probably sensible to calculate the costs (which I suspect may take a bit of time) and then see exactly what the order says.

 

IGNM

[intree]

Thank you for the comments, I have already sent a schedule of costs to the court and just faxed this and the letter below to the solicitors - will now wait and see what they do or not do.

“struck out” In the Leicester County Court

 

 

I refer to the claim which you unreasonably pursued at the Leicester County Court, in reliance of defective documents, this matter is now concluded and the claim is struck out by order of a District Judge, Costs have also been awarded in this matter in the Judgment. I understand you will be in receipt of the Court order shortly.

 

I now attach a copy of the schedule of costs in this matter and request that these are paid to me within 7 Days from the date of this letter.

 

Please also remove any adverse references which you have made on my credit files within 7 days of this letter as your termination and DN was not enforceable in law, again failure to remove the records will result in Court action and further costs, which we hope will now not be necessary.

 

I await your response and a cheque for the settlement for £570.31 as detailed in the attached Schedule of costs submitted to the Leicester County Court.

 

I reserve the right to place this letter before the District judge, should you fail to settle, the matter as above as failure to settle the costs will be in breach of the Order and a request will be made for a compliance order and wasted costs order against your firm, I will also seek any additional costs which are incurred by me, to pursue this matter.

 

 

 

Yours sincerely

 

 

I have just had enough of these idiots, so sent it in

[jon_boy75]

I have just had enough of these idiots, so sent it in

 

really great job. I have 5 days to receive a final response from Abbey before I take them to court. Some of your information is really useful and I may be in touch again soon.

Jon

[intree]

that's ok, if I can be of any help, even with my limited knowledge pls let me know Jon.

[intree]

Hi on 20 July I sent the otherside the cost bill and asked them to make payment within 7 days, obvisously they have ignored this, so I called the court and they said the next step would be to issue A assessment of bill of costs, WHERE THEY HAVE 21 DAYS TO RESPOND or be liable for a detailed assesment with costs - Please can anyone enlighten me!

 

thank you

 

sorry the form they say I should issue is a N252

 

bump

[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

[intree]

OH Brilliant

 

Thanks Andy your a Gem;-)

[intree]

This claim has now been struck out for non compliance to 2 court orders:

 

THIS MORNING THE OTHER SIDE WROTE THE FOLLOWING IN A LETTER:

 

We refer to the claim which, as you letter points out, is presently "Struck Out" In the leicester County Court"

 

We will shortly be making a application to have this action reinstated.

 

The action was struck out by an order of the court dated 15 June 2009 which, unfortunately, and due to a change of office address, we did not receive until 10 July, 10 days after the date for compliance.

 

Accordingly we are currently dealing with the reply to your amended defence which will accompany our application to have the case reinstated.

 

In the meantime you refer to another court order in relation to costs. we have not yet received any such order but if we do then we shall deal with it as our application to reinstate.

 

As stated, above we have now moved and our new address for service is as set out at the foot of thius letter, we have notfied the court accordingly.

 

PLEASE CAN ANYONE ADVISE WHAT I NOW NEED TO DO?????

 

I have just spoken to the Court and they ahve just advised me that the claim is now with a Judge and awaiting directions, they just make me sick I just do not know what is going on at all.............last week they advised that the claim had been struck out and the Judge had made the order and was to be posted to me as soon as possible, now there is another months delay and they will write to me in due course..................where do I now stand...........the lady at the court was very very rude too.

 

HOPE I CAN BE RE-ENLIGHTENED AGAIN AS I AM NOW WORRIED SICK AGAIN.

 

 

JUST SENT THIS TO THE COURT AS THE WOMAN WAS VERY RUDE AND PATRONISING - IF THIS IS JUSTICE GOD HELP US.

Dear Sir/Madam

 

We refer to the matter above and attach the document which was submitted by fax on 10 July 2009.

 

We were advised by the gentleman at Judges Listings, on Monday 18 July 2009, that the matter had been before the District Judge and an order had been made for the claim to be struck out and that a Costs order had been worded, but was waiting to be typed up.

 

On calling the offices today, we have now been advised that the request had not been dealt with and the matter is with a District Judge and will take up to a month to be sent out.

 

Please can the matter be clarified as we were advised that the Order was waiting to be typed up on the 18 July 2009, as the Court can understand this is a very stressful and worrying time and we would like matters to be concluded as soon as they can be?

 

We thank the Court for its assistance in this matter and look forward to a written response to this urgent matter.

 

Yours sincerely

 

Hi Is There Anyone Who Can Advise Pls As I Am Worried Sick, Need To Go Out But Decided Can Not Now..

[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

[freakyleaky]

Try not to worry. I have alerted the site team and hopefully someone more knowledgeable will be along soon.

I am sure this is an abuse of the court procedures.

 

 

EDIT. Posted at the same time as Andyorch.

[intree]

Thankks Andy, this is just getting too much for me, lost my job these vultures wont leave me alone and I have problems with another company on here but its being dealt with.

 

These are the worst of them all, they have a defective DN have terminated the account, have not replied to the court despite 2 court orders since March 2009, they say they were moving................I am sick of their games, but I agree with you, will wait and see what happens, its just that I thought it was all done and dusted and then this, and the Court let me down again.

 

Thank you again Andy

[citizenB]

I find it hard to believe that the solicitor/company did not have a postal forwarding service in place in respect of their move.

 

I agree with FL and andyorch, that you can only wait to hear from the court at the moment. I understand how frustrating this must be. Just because they have written that letter to you, doesnt mean the DJ will agree to reinstate.

[intree]

Thanks so much for just assuring me, it must be my depression but I just can not cope sometimes, I am just going to have a break as I have been sat here since 7.30 when i received their letter.

 

Thank you so much.... any further advice is greatly appreciated from everyone, as this all helps.