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

[vjohn82]

Ok... if they have cancelled the SJ hearing you need to get back on the phone and state that you are setting aside the discontinuance under the CPR as stated...

 

Then get an N244 filled in ASAP and chuck it in their piehole.

 

Don't forget court staff are not legally trained and if they don't know it, well, they don't know it.

 

Make them understand!!!

[vjohn82]

I cant see on here

 

PART 38 - DISCONTINUANCE - Ministry of Justice

 

Where it says they need our permission? I am probably missing it as am wound up now and reading too fast.

 

So anoyyed they have removed the SJ date

 

They don't... is the simple answer. Well, not in your case anyway.

 

Doesn't matter though... they have the right of discontinuance. You have the right to oppose it. The court will then decide!

[gh2008]

Not good - they shouldn't do that when you have an outstanding application waiting to be heard.

 

Agree with VJ & Donkey. Time for an N244.

You are applying to set-aside the discontinuance.

Reasons as per VJ's & Donkey's* cB's posts.

 

The alternative is to hit them for big costs for discontinuing. You could actually get an easier ride with this than trying to persuade a Judge why you are not wasting his time by setting aside a claim to them strike it out ...... you could be on a sticky wicket if you get a bad judge.

 

How important is your credit rating - that is really the only issue that would stand unresolved. They would be mad to apply to court for permission to claim again when they discontinue in the face of an SJ hearing.

 

In BOS -v- Mitchell the claimant withdrew at the last minute and they got seriously stung for costs.

 

However I can't see any reason not to put in a bill of costs £600+ & ask for an undertaking from their client to remove adverse credit info and undertake not to litigate on this matter in the future, otherwise you will apply to have the discontinuance set aside.

 

You will need to show to the Court that you have tried to 'be fair & open'

 

sorry this is a rambly post

[vjohn82]

In my case HFO discontinued... I hit them with a bill for costs and the hearing to assess them is on the 19th May.

 

However, as they discontinued because I proved they were not the owners of the account... I submitted a new claim under the Data Protection Act and under the CCA for the right of a creditor to terminate an account unlawfully and then pass it on.

 

The claim was accepted this morning... so they will have to answer to a Judge one way or another ;-)

 

So what I am saying is that if you want them to suffer... hit them with Wasted Costs and then use £30 of your costs to hit them with court action like I have.

 

That way you will get them into court on the issues

[NGEddie]

Ok, my god my head is killing me now, lol

 

The credit rating does not matter one bit, my Dad is too ill to work so does not want and cannot have credit again.

 

With the attitude of the cretin I spoke to at the court, it makes me think how well would it go if as you say I got her husband as the judge

 

Totally confused now!

 

I do believe they will try again at some point though, but really how can they on a terminated account?! surely any further DN would be invalid again, and so on!

[gh2008]

The credit rating does not matter one bit, my Dad is too ill to work so does not want and cannot have credit again.

 

With the attitude of the cretin I spoke to at the court, it makes me think how well would it go if as you say I got her husband as the judge

 

Ok so, go for wasted costs - there is an excellent thread by SufaceAgentX20 on how to do them.

 

Write a letter as per the thread and that's it. If they reject it then you just make another application, but IMHO anything up to about £1k they'd be very silly to reject. (would cost them £300 to reject it and then they'd get hit heavily by the Judge for wasting their time)

 

The cap for LiP costs is 2/3 of the cost had you been represented. £1500 would not have got you very far in this case ......

 

That's the easiest way out and you get your out of pocket expenses back and a few quid in your pocket for your time. You are entitled to those costs, it is not you trying it on, it is the 'penance' they pay for wasting your time.

 

Once you get the cheque have a well deserved beer and a donation to the site would be a great way of showing your appreciation for the help and advice that you have received

[NGEddie]

I actually feel a lot better now

 

Something you said back there clicked, they have more than likely put on the bottom of the letter about going for another bite as an idle threat in the hope we would call and pay them, as if they thought they had a good chance of winning they would not have pulled out!

 

So can I get my £75 back from the court for the N244 SJ application?!

 

The way I saw it when I sat back and looked, IF they had won and got a CCJ, IF they had tried for a CO and got it, then the house is in joint names and the debt is in one, so to my understanding would have just been a restriction? I believe is the phrase, then no plans to sell the house, and if so the 14 day thing would have hopefully got through and would have been sold without giving them a penny anyway, but thats speaking alound and not even relevant!

 

Ok then, next task, find X20's thread and go with that option, if one way I was weirdly looking forward to court, maybe to put it to bed, but in another you never know the outcome.

 

So todays thought...no action required to rush to the court today for set aside, lol, I think you have sold me on the idea of accepting and try for costs, at the end of the day it was about £300 arrears, does that get stopped from costs if we got given them? then anything more we got I will happily, and would have if it has gone to court and we had lost, make a decent donation to the CAG, go team, lol

[vjohn82]

You can claim £9.25 for Litigant in Person costs upto 2/3 of the cost of legal rep , disbursements (uncapped) and all relevant legal costs.

 

Draw up a schedule and post it up here.

 

I have attached an example of mine.

SoC.xls

[gh2008]

I think you have sold me on the idea of accepting and try for costs, at the end of the day it was about £300 arrears, does that get stopped from costs if we got given them?

 

Eddie ...... listen carefully I shall say this only vonce

 

You have won, you don't pay them a penny they have to pay you for taking you to court with a 'fanciful claim'

 

cB is waiting in the wings to change the title to won once it's been determined which route you are going down.

Maybe the title needs changing to 'Won and now Eddie's thinking about it'

[vjohn82]

gh2008 is spot on... it doesn't matter what they claim anymore... they have discontinued. Read Part 38 CPR again:

 

Discontinuance and subsequent proceedings

 

38.7

 

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim."

 

 

 

A Judge will need to see extraordinary evidence why they would seek to bring a claim on the same facts/documents etc.

 

You owe them nothing... they have litigated and given up... you win!

[gh2008]

I have attached an example of mine.

 

12 calls !!! Harassment

 

I am following your thread - it's great

[NGEddie]

Thanks guys, ok yeah I should accept it really shouldnt I, lol

 

Do you happen to know where X20's thread about costs was please? I had a look but couldnt see it, and do I need to do anything now within a time limit?

 

Totally different case here, but quick question, default written 11th December 2009, must pay by 29th December 2009, sound valid to you?!

 

Cheers!

[vjohn82]

I know... I'm terrible.

 

I can't wait to get this judgement against them to be honest. It will happen hook or by crook. We have 5 other identical cases lined up if other CAGGERs have the cajones to see them through.

 

Someone had to take a stand though...might as well be me

[vjohn82]

Totally different case here, but quick question, default written 11th December 2009, must pay by 29th December 2009, sound valid to you?!

 

Could be; need to see the document first to definitively state one way or another.

[NGEddie]

Ok, in that case could you guuuuuys please take a look here for me :-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/238227-told-we-had-payment.html#post2839803

 

I will post up the DN shortly, but am trying to work out if to call them today or not?

 

Dont want to confuse the 2 threads!

 

Cheers!

 

E

[supasnooper]

Wasted costs links :-

 

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

 

also

 

Liabilty for Costs CPR 38.6

 

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

 

and a B_R_W post on what else you can claim - B_R_W additional costs you can claim

[NGEddie]

Cheers Supa

[NGEddie]

Saw this on another thread and thought it sounded ok :-

 

I received your letter dated 06th November 2008, the contents of which have been duly noted.

 

As your Client has decided to discontinue with the claim, I am, therefore, pursuant to CPR 38.6 (1) respectfully asking that your Client pay the costs which I have incurred as a result of this claim. The sum of which I feel are reasonable.

 

Time Spent Researching The Consumer Credit Act 1974 and The Regulations 12hrs

Time Spent Researching And Reading Case Law 8hrs

Time Spent Drafting Defence And Amended Defence And Allocation Questionnaires 8hrs

Approximate Total time Spent at the Litigant in Person rate of £9.25 per Hour 28hrs

 

These time scales are a conservative approximation. I feel that I have spent much more time than this however. I am, under the circumstances trying to remain reasonable.

 

Other costs incurred:

 

Printing, Stationary and Postage £12.00

Letter writing between myself and Drydens - 2hrs £19.00

Total other costs £31.00

 

Litigant in Person Costs 28 hrs @ £9.25 per Hour – £259.00

Other Costs Incurred - £31.00_

Total Costs - £290.00

 

I respectfully request that this sum be paid by way of cheque to me within 21 days. Made out to Mr Sharpman.

 

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

 

Is it worth using this and sending to the solicitor?

 

and also thought if to put I am considering a set aside of their discontiuance unless they pay up and agree to not bring the case again?

 

Cheers

 

E

[NGEddie]

or something with this in as well :-

 

I received your letter dated 06th November 2008, the contents of which have been duly noted.

 

I would advise your client that, as I have complete and valid defence to the Claim your client has raised against me, that any further attempts at proceeding further collection activities against me will leave me no option but to apply for the discontinuance to be set aside.

 

However, if your client will agree to discharge me from the alleged debt and remove all data from my credit file held at any and all agencies that this information has been passed to then I will gladly accept their Discontinuance.

 

I trust you will convey this information to your client promptly.

 

---------

 

This site is so cool, lol

[gh2008]

I'd go for costs, you said before the credit file is not a problem (and it is also the far harder to pursue option)

 

You seem to have left off lots from your costs - have you seriously only spent 28hrs on here!!!

 

Who paid the £75 for the application?

[citizenB]

Eddie ...... listen carefully I shall say this only vonce

 

You have won, you don't pay them a penny they have to pay you for taking you to court with a 'fanciful claim'

 

cB is waiting in the wings to change the title to won once it's been determined which route you are going down.

Maybe the title needs changing to 'Won and now Eddie's thinking about it'

 

Eddie, which ever letter you send.. dont forget to say you want your costs as well :grin::grin:

[NGEddie]

Hi guys,

 

Yeah going for costs 100% now, I paid the £75 myself to the court, I best check if its come out of my bank actually, if not do I call them?

 

So shall I start by send a letter to their solicitor or do the N252?

 

Cheers!

 

E

[NGEddie]

 

You seem to have left off lots from your costs - have you seriously only spent 28hrs on here!!!

 

Who paid the £75 for the application?

 

I see what you mean now, lol, no that was just pasted from another thread I found, mine is 128 hours

[vjohn82]

N252... hit 'em proper!

 

Up to you though... I only offer advice

[NGEddie]

Ok mate, cheers, thats without a hearing though correct?

 

So do I need to actually break the costs down or can I throw a figure in, for example each week day off ive spent here, since December, thats 14 odd days, I know I read max of £50 a day, so thats £700 right away, not forgetting easily 2 hours a night most nights, thats a lot!

 

How do the courts see this normally?

 

I wondered if to try the solcitor first, then guess would have no choice if they dont pay up than N252, oh and also is there a time limit you must apply by?

 

Cheers!

 

E