Fluffystuff's OH v HFC

[supasnooper]

Congratulations on today, FS !

 

Did the Judge make an order for your costs ?

[Fluffystuff]

Hi supa, no costs.

 

He did ask if we'd like to discuss them, I ,with a big grin and puppydog eyes said something along the lines of - well..... if you're asking..............., he replied - go on, get outta here!!

 

Small price to pay I think in the circumstances but when HFC discontine .....that's another story!!

[supasnooper]

know the feeling...........

[Fluffystuff]

Ok guys, I'm about to delete my little bedtime story, let me know if you're in the middle of reading.

Happy to mail it to anyone able to provide proof of identity.

[Fluffystuff]

Received Restons bill for costs this morning, absolutely outrageous - what a shame poor old HFC have to pay them!!

[NewToTheFight]

Ok as I am that kind of guy, how much?

[pedross]

Very clever, they have sent you this straight away to scare you.

 

You could always write to them and say you have sent me the bill for costs in error when in fact it will be me who will be sending you a bill for costs eventually.

 

Pedross

[NewToTheFight]

I think you are correct Pedross, my 'bill' for a 10 minute setaside was about £1000-1200 if I remember correctly. Another returned to sender

[Fluffystuff]

They were not awarded costs yesterday - this bill was posted on Monday!!!

[NewToTheFight]

Great expectations.....

 

Mine was posted early too, as pedross said, I think they idae is it lands on your mat just as you are walking out of the door & you then brick it all the way to court & give up!

[Fluffystuff]

Nah - show me a Cagger who's afraid of Restons et al and I'll show you a reconstituted Cagger !!!

[diddydicky]

1700 squid no doubt?

[Fluffystuff]

They were not awarded costs yesterday - this bill was posted on Monday!!!

 

 

Just a thought, could keep this envelope as evidence. Has a little crown insignia - assume denotes Royal Mail - and takes three days to deliver !!!

There's even a stamp from our local P/O dated yesterday though not quite sure why it went through there.

[Fluffystuff]

1700 squid no doubt?

 

You're not too far off DD!

 

Surely they don't use template costs orders do they!!!

[citizenB]

Received Restons bill for costs this morning, absolutely outrageous - what a shame poor old HFC have to pay them!!

 

 

They were not awarded costs yesterday - this bill was posted on Monday!!!

 

Designed to scare the pants off you when it dropped on the doormat the day of hearing.. !! Except as usual, they used the wrong service.

 

Just a thought, could keep this envelope as evidence. Has a little crown insignia - assume denotes Royal Mail - and takes three days to deliver !!!

 

There's even a stamp from our local P/O dated yesterday though not quite sure why it went through there.

 

 

I think that may be because if they have used a non RM carrier then it will still need to be given to RM for actual delivery. It could be that RM are going to stamp the date they actually receive the letters from the external carriers so RM dont get the blame for all the delays in receipt.. I think Dotty might know the answer for sure.

[emandcole]

They were not awarded costs yesterday - this bill was posted on Monday!!!

 

I'd certainly be keen to inform the court subtly at some point in the future that they were so arrogant they billed you before they'd even been to court...and then got rinsed.

 

Another example of their attitude that needs to change I think.

[Docman]

Actually, I think they are supposed to tell you before what their ESTIMATED costs will be before the hearing.

 

Certainly when I was in court the first time and had a case dismissed, I was asked if I had notified the claimant's of the amount of my costs. Since I hadn't even thought about costs, all the DJ would only allow me was my court fee of £75.

 

The second time I won (against the same DCA) when I asked the DJ for costs, I was allowed the full amount of over £500 because I had drawn up an estimated bill of costs and sent it to the claimant's solicitors.

 

Moral of the story is that if you are confident of winning your case (and why shouldn't you be?) then advise the other side of what it will cost them WHEN they loose. Call it reverse psychology if you like.

[citizenB]

Yes, I understood you had to notify costs before the hearing. I put mine in 24 hours before the hearing as advised, but have heard some people told 3 days.

[Fluffystuff]

Calling my troops to gather again please!

 

Have now received NOA to Fast Track, details thus:

 

The judge orders that you and the other parties prepare for trial as follows -

 

No disclosure of documents is required. **

 

The claimant must pay a fee of £xx. In addition a hearing fee of £xxx must be paid by the claimant.

 

If the court is notified in writing that the hearing is no longer needed the hearing fee will be refunded in full or in part in certain circumstances, please refer to the leaflets explaining...............

 

Each party shall give all parties standard disclosure of documents by servng copies together with a disclosure statement by xx Aug 2010.**

 

Each party give standard disclosure to every other party by list.**

 

The latest date for service of any request to inspect or for a copy to be made by xx Aug 2010.

 

There shall be simultaneous exchange of such statements by xx Oct 2010.

 

No expert evidence being necessary, no party has permission to call or rely on expert evidence.

 

Requests for clarification or further information based on a document disclosed or a statement served must be served within 21 days after disclosure or service.

 

Any such requests shall be dealt with within 21 days of service.

 

Thereafter stayed generally pending the judgement handed down in Amex v ...............

 

And window for trial will then be given with time estimate 1 day

 

Costs in claim.

 

 

Firstly, I'm a lttle confused as the directions marked **, appear to contradict themselves, don't they??

Edited July 19, 2010 by Fluffystuff
Typo.

[citizenB]

They do rather, not sure I can offer any reason though. Perhaps have a word with the court to find out exactly what they require by way of disclosure or not as the case may be.

[emandcole]

Have seen similar where things appear to contradict.

 

Just go with it and follw the disclosure bits below, clearly each side will need to rely on documentation for this particular case. Perhaps the judge got a bit confused...a call to court will verify what they actually want I'm sure

[Fluffystuff]

They do rather, not sure I can offer any reason though. Perhaps have a word with the court to find out exactly what they require by way of disclosure or not as the case may be.

 

Hi CB,

Planning to phone court in morning unless answer appears here first.

[Fluffystuff]

Perhaps the judge got a bit confused...

 

 

Think I've already proven that Cole!!

[elsinore]

It looks like a template order which should have had inappropriate instructions deleted.

 

As others have suggested, call the court for confirmation of what's required.

 

Els

[GeoffreyAlby]

The case is currently subject to an application to the court of Appeal and as such you should ask the court for the hearing to be adjourned pending the decision of the court of Appeal.

 

Are there any links regarding this case ( Amex v Brandon ) being subject to an application to the Court of Appeal? Thanks