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egg/barclays/Lowells SD ****SET ASIDE & WON COSTS ***


mandyjayne
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This hearing Lilly...and i have done £302..you dont think thats enough??

 

Hi all...just an update...

 

I received my court order on fri and this is what it says:

 

On the hearing of an application by the applicant for an order that the statutory demand issued on 10th sept 09 be set aside

 

Upon hearing the applicant in person and upon hearing the respondents solicitor

 

AND UPON READING THE EVIDENCE

 

It is ordered that:

 

1. Respondent do file and serve affidavit evidence in reply by 4.00pm on 26th Jan 2010.

2. Application be ajourned to *******at**** with a time estimate of 2 hours.

3. Costs in the application.

 

Nothing received as yet...will post up if and when anything comes.

 

MJ:)

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If they dont respond Mandy within the DJ orders then the hearing will be vacated and superseded by the new order.

 

Andy

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can you suggest what i do with my costs..i lost out on the last lot...i do not intend to to that again!! MJ:D

Edited by mandyjayne

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thanks vera..

 

im on the home straight now...nearly at an end...lets see weather they cough up anything in the next 7 days!!

 

How you doing with your others??:mad:

 

MJ:)

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can you suggest what i do with my costs..i lost out on the last lot...i do not intend to to that again!! MJ:D

 

 

Bump for the above question please...if the hearing in May is vacated when do i send in costs??

 

MJ:)

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I would submit a wasted costs application after the claim is struck out by the court with a suitable grovelling letter as to how it griefs you to take up court time but etc.

 

The link is here - you will need to amend to suit your case:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/143-wasted-costs-order-

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi mandyjayne....I see your having yet another wait to deal with (MAY? :rolleyes:)

 

Am keeping my eyes peeled in the hopes of all this being kicked to the kerb sooner for you and those long overdue costs you have incurred can be finally sorted too!

MDAW x

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Hello all..

 

Well my post has been and nothing arrived from Lowell:D.

 

Will call the court in the morning as they do officially have until 4pm.

 

Still a little confused as to what route to take with costs:confused: should i just wait til tomorrow morning, double check the court have received nothing then send a copy to the court and one to Lowell?? Although the last court order did not mention costs?? Help please

 

MJ:)

 

first court order

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-11.html#post2722418

 

last court order

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-11.html#post2780887

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Hello all..

 

Well my post has been and nothing arrived from Lowell:D.

 

Will call the court in the morning as they do officially have until 4pm.

 

Still a little confused as to what route to take with costs:confused: should i just wait til tomorrow morning, double check the court have received nothing then send a copy to the court and one to Lowell?? Although the last court order did not mention costs?? Help please

 

MJ:)

 

first court order

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-11.html#post2722418

 

last court order

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-11.html#post2780887

 

O k your cost have gone in imho i would now settle for that, unless you feel that you have incurred extra costs if so fax them to the court.

 

lilly

 

 

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Hi Lilly

 

No my costs have not gone in? i am getting confused????:confused:

 

mj

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Hi Lilly

 

No my costs have not gone in? i am getting confused????:confused:

 

mj

then get them in ..............

 

fax them over to the court, As i said the amount i would be looking for contact the court and ensure that they are placed in front of the judge......

 

lilly

 

 

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uote:

 

Costs For set aside Application Case No xxx

xx Court xxx April 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 £166.50

 

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 £ 80.00

 

4) Travelling costs for return journey to court 2 x 20 miles £ 16.00

 

Total £281.00

 

Notes

 

Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £170/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).

S.

 

 

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ok so i was waiting for 4pm today, to see if Lowells sent anything...seeing as they have not.. the hearing set for May will now be vacated.

It was at that hearing i imagined the costs would have been sorted.

 

So, i now just send them in do i? and a copy to Lowell? I have already got them drafted

 

mj

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ok so i was waiting for 4pm today, to see if Lowells sent anything...seeing as they have not.. the hearing set for May will now be vacated.

It was at that hearing i imagined the costs would have been sorted.

 

So, i now just send them in do i? and a copy to Lowell? I have already got them drafted

 

mj

 

Just to the court.............. lowell will know in due course

 

 

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phoned the court this morning...they have received nothing from lowell...but, i was reminded by the miserable woman who answered the phone

"they had until 4 yesterday to get the stuff in...we aint gone thru the post yet so they might have" - how do some people get these jobs!:mad:

 

Anyway...my costs have been sent RD today with a covering letter, lets see what happens next.

 

mj:)

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  • 3 weeks later...

update....

 

letter and court order received today as follows:

 

On the hearing of an application by the Applicant for an order that the SD issued on 10th sep be set aside

 

upon reading the Applicants letter

AND UPON READING THE EVIDENCE and upon the DJ directing that this application be brought forward

 

IT IS ORDERED THAT

1. The application to set aside the SD listed for 4th may be vacated.

 

2.The application to set aside the SD be listed for hearing on tuesday 13th april time of 30 mins.

 

Well back we go:mad:

 

MJ:)

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Incredible Mandy!

 

Lowells just prat about & get another bite at the cherry. :mad::mad:

Would you have been afforded the same leniency? Answer in words of 2 x letters!!

 

Of course, it could have been relisted so the DJ can give Lowells a piece of his mind but this is the real world...

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi FG

 

yes my thoughts exactly...im getting a little frustrated with this, going on and on:mad::mad:

 

Well anyone have any ideas what will happen at this hearing...what if Lowell turn up?? They have ignored 2 court orders so they cannot possibly be given another chance....or CAN they:( mind you i did request my costs and include them in the letter i sent, so maybe we need a hearing for that?? any ideas?

 

MJ

Edited by mandyjayne

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Unfortunately, don't think there is not a lot you can do mandy; as it's a set aside hearing, you're at the mercy of the court in respect of this order. Let's just hope the costs application will focus the court/Lowell's minds & you will get the result you want from the hearing in April.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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  • 3 weeks later...

Well i am back to court on tuesday! Hopefully it goes in my favour as the last court order Lowlife ignored was an "unless" order.

 

I will be armed with costs!;)

 

MJ:)

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Its like they are a cat with 9 lives the chances they have had to respond to things! I hope you give them grief next Tuesday for non compliance & wasting yours & the judges time continually. I hope they get what they deserve & will be rooting for you....MDAW x

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