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Cabot/Morgan £2000 Costs for Small Claims Case


pookeymonkey
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Hi,

 

Mrs Pookey has an ongoing Small Claims case with Cabot for less than £5000

 

Yesterday she received Morgan's Statement of Costs which added up to just over £2000.00 including nearly £500.00 for a representative to travel less than 140 miles (280 mile round trip) to attend the upcoming hearing!!!

 

I thought that small claims costs were limited to court fees and reasonableexpenses paid by the losing party.

 

Can costs be disputed?

 

She doesn't really want to pay for a para-legal to be chauffeur driven to Court and put up in the local 5 star hotel drinking champagne and eating caviar :-x And she certainly doesn't want to pay for the hours they are claiming as they have made several mistakes and changed the POC's all of which I believe are covered in the time claimed in their costs.

 

Pookey

I'm in the DCA kicking business ..........and business is good!!!!

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This is for an Egg CC which had been to many DCAs ended up with Cabot, Mrs Pookey being unwell did not deal with it.

 

Finally got a Court Claim with very vague POCs sent a embarrassed defence and when it got to our local Court Morgan were ordered to confirm account numbers etc and provide copys of documents with originals to be brought to the hearing.

 

There was no mention of a Default Notice right up to the witness statement. We mentioned this in our witness statement and later got an addition to Morgans witness statement with a copy of a blank DN saying that this is what they would rely on at the hearing. If this did not work Morgan said they would amend their claim (during the hearing I presume) to claim for the pre-default arrears only taking the amount of their claim to nearer £1000 (+ £2000 costs)

 

Pookey

I'm in the DCA kicking business ..........and business is good!!!!

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I really think that if cabot was to amend their claim mid hearing the DJ would not look kindly at this, this needs either an amended defence due to what has been disclosed ie no default notice thats compliant etc, if cabot have put the facts of the noncompliant and changing claim in writting it should be a no brainer, there is plenty of case law regarding noncompliant DN's IMHO :-)

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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If cabot/morgans do change their claim mid hearing due to a non compliant default Notice then I think the DJ would also be reluctant to award these extortionate cost that they claiming as pure abuse of the County Court System there sent out to try and scare you into settlement and paying your alledged accounts up.

 

Hadituptohere

Edited by Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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One thing I have just noticed going over the form again is that it says it is a Statement of Costs for the hearing on ***** (interim application/fast track trial). Perhaps Morgan are just confused and maybe weren't trying to intimidate!!!

 

Pookey

I'm in the DCA kicking business ..........and business is good!!!!

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One thing I have just noticed going over the form again is that it says it is a Statement of Costs for the hearing on ***** (interim application/fast track trial). Perhaps Morgan are just confused and maybe weren't trying to intimidate!!!:-)

 

Pookey

I'm in the DCA kicking business ..........and business is good!!!!

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Cabot/Morgans send out lots of things, and play lots of games, confusion is their forte...

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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