Capquest please help!!!! Stat Demand **SET ASIDE**

[WHITEHART80]

Thanks Citizen B, I hope 42man will be able to shed some light.

Edited February 11, 2010 by WHITEHART80

[citizenB]

Whitehart, 42man not online at the moment. Might be a good idea to pm him with a link to your query. That way he will be aware you are looking for assistance.

[Zimmie]

Hi Whitehart, I recently got a CQ SD set aside with help from 42man. I claimed and was awarded Litigant in Person costs.

You need to submit your costs to the court & CQ at least 24 hours before the hearing.

You can claim at a LiP rate of £9.25 per hour for:

 

Time spent indentifying & understanding relevant legislation, relevant case law, time spent preparing affadavit.

Time spent communicating with Respondentand swearing affadavit.

Travelling costs (I had 2 journeys to court...swearing affadavit & attending hearing) @ 40p per mile.

Costs for photocopying, stationary and postage.

 

Also take a copy of your costs schedule with you to the hearing as even though I had submitted mine to the court they weren't given to the judge.

 

Hope this helps.

[WHITEHART80]

Thats a great help Zimmie.

 

Do I just type the costs up myself or is there a form I need to complete. I am guesing this also needs to be done in person.

 

Also how many hours did you claim for research and such?

[Zimmie]

Hang on Whiteheart I just typed it all out then lost it by hitting a wrong key

[Zimmie]

Litigant in Person Costs For Set Aside Application Case No xxx of xxxx

At xxxxxxx County Court xx xxxxxx 2010

 

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.

 

xx hours £xxx.xx

 

2) Time spent communicating with Respondant and swearing affadavit

 

x hours £xx.xx

 

4) Travelling costs for return journey to court

 

2 x xx miles £xx.xx

 

5) Stationary, photocopying and postage costs

 

£xx.xx

 

Total £xxx.xx

 

Notes

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

[Zimmie]

Ahh thats better, I used notepad this time. Can I pm you with the hours I claimed as I'm wary of CQ spies recognising me from my costs. Paranoid....absolutely

[WHITEHART80]

Hello Everyone,

 

Was in court last week. The stat demand was set aside and I was awarding over £300 in costs.

 

Capquest didn't even show up but instead sent a letter saying they do not object to the set aside and they estimated my costs to be about £40 as I had downloaded my defence from the web.

 

The Judge was not impressed, he could not belive that Capquest were pursuing this matter and he wished me good luck in my continuing battles. haha.

 

Just wanted to thank you all for your help with this. I am waiting to see what Capquests next move is now before deciding how to proceed.

 

They have sent a threatening letter saying the will apply to act on Abbey behalf with the court case that is stayed.

 

I have been on contact with OFT and am currently drafting my complaint.

 

I am seriously considering further action against Abbey as the damage done to my credit file while they have pursued me is shocking.

 

Thanks again and I will keep you posted.

[citizenB]

That is excellent news, Whitehart. On both counts. I will amend your thread title to reflect success in this.

[PGH7447]

well done, and nice to see a judge with a sense of right and wrong

[WHITEHART80]

Just a quick update.

 

Capquest have still not paid the costs and have been given until tomorrow before the baliffs are sent in.

 

They have started harrasing me again about the same "debt" even though it has quite clearly been established in court that it is in dispute.

 

I am at a loss, I have complained to the OFT and have lodged a complaint with the Financial Ombudsmen.

 

Any advice on getting these scumbags to leave me alone would be greatly welcomed. I am thinking now the only choice I have is to seek advice with my own solicitor.

 

They are making my life hell, there must grounds for a law suit surely.

[citizenB]

What did it say on the General order after the set aside ?

 

Have flagged your post for site team attention

[PGH7447]

send the bailiffs in

[WHITEHART80]

They have now paid the costs and touch wood I have not heard form them since.

[citizenB]

Excellent news WH:)