N150 assistance needed...please? / **WON**

[NGEddie]

Bump

[gh2008]

Eddie - is this still the letter that you posted on 26th March and everyone said go on and send it .......

 

leave out sensibly if you want but just get it in the post

 

DO IT

 

YES

 

TODAY

[citizenB]

If you dont get the letter posted and soon.. what you leave in or not is going to be irrelevant because you are going to be OUT OF TIME for submitting....

[NGEddie]

hmmmmmmm maybe that one, oops, ok well its done now, just wanted to get it right, its gone SD so should be there tomorrow.

 

What is the expected thing to happen when they get it?!

 

Cheers guys

 

E

[citizenB]

 

What is the expected thing to happen when they get it?!

 

Cheers guys

 

E

 

They may say an outright no, or that you couldnt possibly have spent that amount of time researching as you took all your stuff off a website.. or they will offer you a percentage of what you have asked for. The choices are endless

[NGEddie]

Wait and see then!

 

If they say no, then its the N252 route I guess, they cannot legally refuse though can they?

 

Cheers!

 

E

[gh2008]

Whatever they do, it will have been done before and someone on here will have dealt with it.

 

So, yes wait 'n' see and post up what you receive.

[NGEddie]

Thanks mate, just checked and its been recieved today.

[NGEddie]

Hi Guys!

 

Letter back from them :-

 

The only costs recoverable are solicitors incurred whilst acting on the parties behalf and recorded by the court.

 

Th party may claim witness expenses after attending a hearing and by order of the court.

 

-------------------

 

Soooooooooooooo, what do y'all make of that?

 

Cheers

 

E

[vjohn82]

Well quite clearly they are wrong...

 

PART 48 - COSTS – SPECIAL CASES - Ministry of Justice

 

Litigants in person

48.6

 

(1)This rule applies where the court orders (whether by summary assessment or detailed assessment) that the costs of a litigant in person are to be paid by any other person.

 

(2)The costs allowed under this rule must not exceed, except in the case of a disbursement, two-thirds of the amount which would have been allowed if the litigant in person had been represented by a legal representative.

 

(3)The litigant in person shall be allowed –

 

(a)costs for the same categories of –

 

(i)work; and

 

(ii)disbursements,

 

which would have been allowed if the work had been done or the disbursements had been made by a legal representative on the litigant in person's behalf;

 

(b)the payments reasonably made by him for legal services relating to the conduct of the proceedings; and

 

©the costs of obtaining expert assistance in assessing the costs claim.

 

(4)The amount of costs to be allowed to the litigant in person for any item of work claimed shall be –

 

(a)where the litigant can prove financial loss, the amount that he can prove he has lost for time reasonably spent on doing the work; or

 

(b)where the litigant cannot prove financial loss, an amount for the time reasonably spent on doing the work at the rate set out in the Costs Practice Direction.

 

(5)A litigant who is allowed costs for attending at court to conduct his case is not entitled to a witness allowance in respect of such attendance in addition to those costs.

 

(6)For the purposes of this rule, a litigant in person includes –

 

(a)a company or other corporation which is acting without a legal representative; and

 

(b)a barrister, solicitor, solicitor’s employee, manager of a body recognised under section 9 of the Administration of Justice Act 1985 or a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act) who is acting for himself.

[vjohn82]

The only costs recoverable are solicitors incurred whilst acting on the parties behalf and recorded by the court.

 

Th party may claim witness expenses after attending a hearing and by order of the court.

 

Send them something like this:

 

Dear Sir/Madam,

 

The principle surrounding Litigant in Person costs are well established in law and your firm have been made aware of the costs I can claim for representing myself and carrying out the work that would be expected of a legal representative.

 

This right can be found in CPR 48.6 and I would suggest your firm familiarise yourselves with it before disputing the costs I am reclaiming. For ease of reading I have copied out 48.6 (3) which clarifies this right:

 

CPR 48.6(3)

The litigant in person shall be allowed

(a) costs for the same categories of:

(i) work; and

(ii) disbursments,

which would have been allowed if the work had been done or the disbursement

had been made by a legal representative on the litigant in person’s behalf.

 

Additionally this provision was considered by the Court of Appeal in the case of Agassi v Robinson (HM Inspector of Taxes) (2005)

 

Therefore I look forward to your response to my costs request within 7 days.

 

Yours faithfully,

 

NG

 

[DonkeyB]

Spot on VJ. Bloody idiots.

[vjohn82]

Spot on VJ. Bloody idiots.

 

Carlsberg don't make moronic and stupid solicitors... but if they did...

[NGEddie]

Thanks John, spot on mate!

 

Will print and send tomorrow, each of these sodding SD posts are costing £5 a go! grrrrrr

[vjohn82]

Just send it first class with a certificate of posting from the post office... will only cost you the price of a stamp then ;-)

 

No obligation on you to send anything by SD.

[gh2008]

and if you've got an old dial-up modem lurking you could fax it to them.

 

or use cutepdf to print it to a pdf and email it to them

 

deff don't bother with SD

 

Excellent letter VJ

 

and yes Eddie ..... just send it .......

 

maybe you should add another 30 odd minutes as well they would !!

[NGEddie]

 

maybe you should add another 30 odd minutes as well they would !!

 

Yes your so right, lol, I think I need to increase that by £9.25 for the hour ive pi55ed about with this and taking it to he post office etc...

 

[NGEddie]

Oh also, the court cashed my cheque for £75, even though the SJ hearing did not happen, do I ask them for it back directly?

 

Cheers!

 

E

[vjohn82]

Errr... not sure. I thin the £75 covers the application fee and hearing... could be wrong. Ask the court in the morning... if you get a refund then fine... if not you add it onto the costs.

[JonCris]

Hi Guys!

 

Letter back from them :-

 

The only costs recoverable are solicitors incurred whilst acting on the parties behalf and recorded by the court.

 

Th party may claim witness expenses after attending a hearing and by order of the court.

 

-------------------

 

Soooooooooooooo, what do y'all make of that?

 

Cheers

 

E

 

Wrong & it's professional misconduct to mislead you

[NGEddie]

Update tiiiiiiime

 

So I sent the above template John kindly put together for us, today we got back :-

 

There is no order from the court stating you have been awarded costs.

 

However, without prejudice, if you let us have a breakdown of yours costs, we will take instruction.

 

--------------

 

Sooooooooo, what do you make of that?!

 

Cheers!

 

E

[gh2008]

please don't tell me you want advice as to what to do next

 

I think I've pointed you at X20's costs thread already - there's a very good breakdown on there - ready to adapt to your personal case

 

DO IT TOMORROW !!!

[vjohn82]

Just writing something up... be patient ;-)

[vjohn82]

Here ya go...

 

Dear Sir/Madam,

 

With all due respect there does not need to be an order from the court because you discontinued before the court were able to make a judgement on your case and thus award me my costs upon what I believe would have been a successful defence.

 

Your firm are fully aware that no order for costs is made in the circumstances of discontinuance and it ill behoves a professional to claim otherwise.

 

I have attached a summary of my costs to this letter along with an N252 form which gives you 21 days from service to settle my costs. If you dispute my costs then you are liable to pay £300 for an assessment hearing. If you fail to respond at all I shall issue a default costs certificate for the full costs and court fee.

 

I trust your client is willing to settle this matter without further wasting the courts time and I look forward to hearing from you.

 

Yours faithfully,

 

NG

[NGEddie]

lol, you mock me!

 

I couldnt remember if you just submit the breakdown or there was a reason not to let them have it?!