Judge awarded costs...DCA trying to get out of it Help!

[Oldshep]

In my recent stat demand set aside, the judge awarded me costs, I did not put in a statement of costs. Now the DCA are appealing it based on me not submitting a statement of costs 24hrs previously.

I didn't do this as I was told by the court I needn't. As is I forgot to take them anyway, I wasn't going to ask and the judge awarded me a small reasonable sum (half of what I would have claimed).

 

Now they want to go back to court to appeal the costs and they want me to put in a statement of costs, none was ever filed at the court and the costs were at the judges discesion or on the judges order??

 

Any help would be appreciated.

[Oldshep]

The court letter reads as follows.

 

Me V GoDebt

 

Upon hearing the aplicant in person and reading a letter from the respondant

 

It is ordered that

 

1. Statutory Demand set aside

 

2.The respondant shall pay the applicants costs of and occasioned by the application summarily assessed in the sum of £*** by *pm on **th March 2010

 

The letter I received from Hollis Briggs this morning reads.

 

Me v's GoDebt

 

We have received the order dated **th March 2010 containing aprovision that GoDebt Limited should pay your costs in the sum of £**.

 

CPR44 and it's practise direction requires a statement of costs calimed by any party, to be served no less than 24hrs prior to the hearing.

 

We have no record of a statement of cost being served. had a staement of costs been served, we would have considered further with our client whether to arrange representation at the hearing on **th March.

 

We have written to the court inviting the court to vary the order made and attach a copy of this letter for your information.

 

the letter they have sent to the court.

 

Case number....... Yadda yadda

 

We refer to the order made on **th March 2010

 

The applicant did not serve a statement of costs in respect of the costs incurred by the applicant, which were summarily assessed in the sum of £**

 

The failure by the applicant to serve a statement of costs has prejudiced the respondant who has had no chance to re-consider it's position, in the knowledge that the applicant intended to ask for an order that the reposndant should pay her costs.

 

In the circumstances we ask that the order in relation to costs be varied and that the applicant be ordered to serve a statement of costs (summary assessment) on ourselves as solicitors to the repondant within 7 days and that the application be re-listed for any representations as to claim for costs be heard.

 

In the event of the costs ordered relative to such costs as the applicant claimed ina statement of costs being regarded as reasonable, we would advise the respondant to vacate any newly appointed hearing, but until we see a statement of costs from the applicant we are not in a position to advise the respondant.

 

We have sent a copy of this letter to the applicant and await hearing from the court office further.

 

 

I take it from that I should submit a statement of costs? to Hollis Briggs and do i need to submit one to the court, the judge awarded them verbally, and he said I needed do no more i.e bring ina statement.

 

The judge did seem to be very on my side and appeared peeved they hadn't shown up, as reading between the lines I think he'd have read them the riot act.

 

Where do i go from here? I wasn't bothered about the costs, but now I feel a fight coming on out of principle.

[sillygirl1]

They are playing games, as you were a litigant in person with little knowledge of the law they can't do this, they are trying to back out of paying what they owe. Odds on if you had submitted a statement of costs they would have issued an immediate Notice of Discontinuance.

 

Report THEM to the court manager for abuse of process.

[Oldshep]

Can you please help me with how I would go about wording that?

[postggj]

godebt

statutory demand

 

this is not a yes car agreement is it

[Oldshep]

Nope although somewhere along the line they tried to make it into one!

[vjohn82]

Hi,

 

Well the good news is that it doesn't really make a shred of difference.

 

In the case of Macdonald v Taree Holdings Ltd it was held:

 

Where there was, however, merely a failure to serve a schedule of costs the question the court should ask itself was whether there was any prejudice to the paying party. The court should then consider firstly whether a brief adjournment was appropriate for the parties to discuss the matter, secondly whether a detailed assessment was appropriate or thirdly whether the court should stand over the assessment of costs.

 

It would not be right in the case of a mere failure to comply, and in the absence of aggravating factors, to deprive a party of costs altogether. The present case was one of mere failure to serve a schedule in time and there did not seem to be any reason for depriving Mr Macdonald of his costs. Costs were awarded on a standard basis.

 

It would have been wrong for the matter to be drawn out further by referring it back to the Deputy District Judge for summary assessment or by sending it for detailed assessment, summary assessment was therefore made in respect of the costs of the hearing below and of the appeal.

 

They are trying it on ;-)

[Oldshep]

We actually thought they might try and get out of it. How do I move forward? obviously a letter to the court, I have no clue how to word it? I am in the firm belief that they had no plans of ever going to court, whether I put in a set aside or not.

[vjohn82]

Did you send them anything at all by way of costs... a letter stating you would be seeking them? A letter with the value of the costs etc?

[Oldshep]

I sent nothing as I was told to take them with me and present them to the judge, I forgot to take them and simply mentioned this fact to the judge and he asked what I would have been seeking. He halfed it and said thats reasonable and awarded them. I asked if I need to do anything and he said No it's ok.

[supasnooper]

Write back to GoDebt giving them 7 days to pay the costs as awarded by the Judge.

Also tell them that you will be happy to return to the Court to force compliance and and that further costs will be sought.

[Oldshep]

They have until wednesday as per the judgement, should I give them 7 days as a courtosy?

[supasnooper]

Yes, you'll have given them a chance to see sense before a Judge savages them in court for disobaying a Court Order.

[Oldshep]

Okey dokey let you know what happens Thanks

[vinegarvera]

subbing!

[mandyjayne]

any news on this oldshep?? Did they pay up?

 

MJ