6hrs later,still struggling... **Stat demand set aside won with costs**

[babybear39]

Here's an SD example of cost claim fro LIP:

 

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).

[harvie]

just thought i would let everone on here know of todays success. capquest had issued me with a statutory demand for a debt from 1999 the hearing was to take place tomorrow, but after fantastic advice from you lot they have backed down and i won court cost of £137.00!! many thanks to everyone who has helped me with a massive thank you going to brent-London,without your help i never would have fought this.

[pompeyfaith]

well done again people power has prevailed PF

[retap-falco]

Well done!

[Emma Royd]

well done x

[Seminole]

Excelent. Why did they back down- no CCA or statute barred?

[Brent-London]

So how did this all turn out in the end?

[harvie]

£132.00 court cost awarded,no court appearance and statutory demand set aside. one happy person! thanks!

[Brent-London]

Yay!!!!

[saintly_1]

Well done ........ have amended your thread title

[HighFly]

Well done Harvie - another North West victory !!

 

Join the queue waiting for the cheque now !!

[42man]

Very well done....i'll move this to the legal success forums also...

[babybear39]

Excellent news

[Brent-London]

Check out my fightback against these arse****:

 

Capquest and Stat Demands - fighting back - abuse of process claim

[harvie]

hi

i got so much valuable advice back in september i managed to win a case against capquest over a 7 year old loan. i was awarded cost and thought that was the end of it.today i have received another letter from them stating "on the 30 april 09 a statutory demand for bankruptcy was sent which we have not received a positive contact from."

they are once again threatening me with field agents to visit my address.

why has this started up again?? please any help gratefully received.

[Seminole]

Are you sure it's in respect of the same debt?

[unclebulgaria67]

hi

i got so much valuable advice back in september i managed to win a case against capquest over a 7 year old loan. i was awarded cost and thought that was the end of it.today i have received another letter from them stating "on the 30 april 09 a statutory demand for bankruptcy was sent which we have not received a positive contact from."

they are once again threatening me with field agents to visit my address.

why has this started up again?? please any help gratefully received.

 

So you won the set aside against CapQuest and were awarded cost? Is this correct and did they pay your costs ? Did you receive any letters/papers to confirm this ? If yes, send them a copy by recorded delivery.

 

I should imagine this is just a mistake by CapQuest, but probably best to correct them, rather than ignore. If you ignored this, they would probably just continue to harass you further.

[harvie]

it is the same debt. i was awarded £175, i'm hoping i didnt throw away my letters thinking it was all over!

[Seminole]

I agree it sounds like a mistake. Write to them spelling this out and demanding the £175 if they haven't paid it.

 

If they do try to take this further and you have the time, you could have a lot of fun in court with this.

[harvie]

feeling stressed just thinking about going through this again! the guy at capquest last time was a barry davies,wonder if he's still there. if i dont find the original letteres inot sure what i will do

[Seminole]

Have a good look first. However, what happened will have been recorded in the court records and you will be able to obtain details.

[harvie]

thanks seminole. should i phone them or best send a letter?

[Seminole]

Do you mean Cq or the court?

[Rayne]

Either way I'd do it in writing by recorded delivery. Keep the paper trail going

[Seminole]

Bring pragmatic it might be easier to deal with the court by phone or in person. As for Cq, and any other DCA, don't telephone them.