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    • Hurrah! We got there.  After asking four times about the defence you've answered. To win this you will have to be a hell of a lot more pro-active and get reading up.  The standard defence is on every single claim form thread here. So first task for the evening. Go to  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/ Scroll down to  Q2) How should I defend? There is the standard defence. Change (6) into (7) and add a new (6). 6.  In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. Get if filed this evening.
    • OK, relenting on my above irritated post ... It's worth defending it.  At the very least they are likely to offer a deal. Plus  PE have added two completely invented amounts.  The £100 charge has morphed into £125.  Then they've added £50 legal representative's costs although they have no legal representative.  Even if it went all the way to court and you lost, the  judge would likely disallow the made up £25 + £50. Please fill in the sticky as dx asked. Then dx will be on with details of how to defend.
    • Quite interesting that the Conservative East Midlands  Mayor candidate doesnt mention conservative on his promotion LOL   but he does claim that he, a Conservative politician, is the man to fix the 14 years of Conservative devastation of the region - inc 'fixing' problems inc the utter devastation of the roads, bus and train services that his party have  imposed   Must all rotate around the meaning of fixing he actually means .. fixing noun dishonest activity to make certain that a competition, race, or election is won by a particular person:   .. or perhaps he just means 'fixing' - preventing change
    • Yes, absolutely normal for them to waste everybody's time and money by asking for more time – which they are entitled to do, of course – but it is simply a waste of time. They use prepared template defences. They know they are in the wrong but they simply want to make your life tough because they don't care about you. However do keep an eye out. You never know there is just a 1% chance that they could miss the deadline in which case you should apply for judgement immediately.
    • Will check back in when the SAR from MCB is back and get advice on how to raise the formal complaint and what to say x
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **


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The answer does not exist for now, no doubt some guidance will come eventually.

 

'The hourly rate for Litigants in Person will increase from £9.25 per hour to £18.00 per hour (Costs PD 52.4). However, while stating that the change comes into force from 1st October 2011, it does not specifically state whether or not the new Litigant in Person rate can be backdated.'

 

From here:

http://www.thomas-legal.com/updates-to-the-civil-procedure-rules/

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Well that will explain why I have not been able to find the answer thus far :madgrin: Thank you very much for finding that!

 

If I ask myself the question - "what would the other side do?", I think I know what I will opt for...

 

After all, if there are no specific determinations neither option can be wrong surely??

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Yes having read around now I have changed my mind and would use the £18.00 rate. If your opponent is legally represented your costs will pale into insignificance.

 

Sorry I am having the connection problems at moment and my posts are a bit all over the place.

Edited by GuidoT

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An unusual outcome relating to LiP costs, that effectively pushed the hourly rate to one side.

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2002/250.html&query=wulfsohn&method=boolean

 

Now that is interesting, I vaguely recall reading that some time ago. It wouldn't be outside the realms of possibility that I have spent many thousands of hours on this case from start to finish, but at £18 an hour that may well exceed the cap not to mention the cost of stationary and disbursements.

 

I was never really that fussed about costs, it's more about justice than anything, but I know full well the other side will crawl over hot coals to get their costs without a second thought.

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WannaBeDebtFreeSoon,

 

There is an interesting phrase used in that judgement at paragraph 11 - "and the rate is fixed by Statutory Instrument and at all relevant times was £9.25 per hour".

 

That would suggest to me that you are far less likely to find your costs being disputed if you use a rate of £9.25 per hour up to October last year, and £18.00 an hour since.

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Preparations all complete, time to chill now with a few of my favourite films to get in the mood....

 

Think I'll start with Erin Brockovich, closely followed by the classic Secretariat and then finish up with A Few Good Men and if I haven't had enough by then I might push the boat out to Legally Blonde :madgrin:

 

It's really weird to think I'll never have to write another statement, prepare another document or serve or file anything ever again. I don't know what I'm going to do with myself when this is all over :!:

 

I know I've said this before but I really have fully appreciated all the support I've had with this over the years, irrespective of the outcome of the final trial I already consider this a victory for us all :whoo:

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Wannabe,

 

This is it, the final hurdle :)

 

I had a re-read of the whole thread last week, took me 4 hours on and off lol!

 

What a slog! This is usually the first thread I come to look at when on here, I wish you all the best and well done for sticking with your morals.

 

Steve

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Fingers crossed this actually is the last hurdle!

 

Well all I can say now is, win or lose I'll always know I could never have done more.

I've laughed, I've cried, I've broken down, I've picked myself up and I've fought to the death.

Whatever will be now will just be, I'm as prepared as I'll ever be although regrettably I do seem to be having something of a bad hair day :-(

 

See you all on the other side, and thank you for being with me x

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It's been a long and strenuous battle that feels as if it has gone on forever already. On that basis, 2 more weeks won't make a lot of difference - the Judge has reserved her judgment and it will be handed down within 2 weeks.

Sorry folks, the end is in sight it just wasn't today!

 

Hmmm yes it was a very interesting day, it's over now and there's nothing else that needs to be said or argued.

There was nothing about today that I regret and I absolutely did the best I could possibly have done, I know in my heart of hearts I could not have done any more so it's all in the hands of the Judge now. Whatever the outcome it won't be through a lack of trying! :-)

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Hi - well that's time for a little break and a cuppa - is that two weeks time then another two waiting for the post?

I'm certainly in need of something a little stronger than a cuppa at the mo! :-)

 

Luckily for us we live in modern times, the draft judgment will be sent out via email within 2 weeks and the hearing to formally hand down judgment is set for 27th July. So it's not all up in the air thankfully :-D

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