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Costs if you lose defending summons

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Just got a letter from Optima inviting me to withdraw my dfence (defective default notice, "within fourteen days", etc, etc) saying if I lose I could be liable for £1500 costs. Is this right? Can they claim that much?

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Just got a letter from Optima inviting me to withdraw my dfence (defective default notice, "within fourteen days", etc, etc) saying if I lose I could be liable for £1500 costs. Is this right? Can they claim that much?

 

Is the case in the small claims court? Is the defective default notice the only part of your defence?

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Thanks for replying.

 

Yes, the DN is my only defence and it is the small claims.

 

OK, standard Optima Legal scare tactics, in my case they sent a statement of costs which I got on the morning of my SJ hearing £1,500. Judge said he'd only got his at the same time, they lost and tried to get away without hearing costs because they wanted another go at me, Judge wasen't having any of it, they had to pay £200! Costs will be limited due to the ceiling of £5000 to be heard in small claims court.

 

Did you ever get a termination letter? If so you could use the angle of unlawful recission/repudiation of contract. Are you sure that the agreement is watertight? Is there any PPI on the agreement?

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They can claim costs if they win

 

The fee paid to issue the claim which can be up to £120 depending on the value of the claim

solicitors costs £50-£80 depending on how much the claim is for

Normal witness is £50 per day for expenses

Expert witness £200 per day so long as the court agrees an expert witness is needed

Additional costs should you lose and fail to pay the judgement and they have to enforce via the courts

 

Unreasonable behaviour. Normally other costa re not claimable unless the claimant or defendant have behaved unreasonably

 

I got these figures from a book which is from 2007 so the costs may have risen.

 

So, I think it's also a scare tactic


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No PPI, and agreement is definitely OK. I am defending only on the DN. Yes, I did get a termination letter demanding the full balance, and I did accept the termination. But having read many, many threads on this board I am wary of what some have termed the 'judge lottery'. And the bits I've read on the Amex v Brandon case don't fill me with confidence, whatever the strength of my case. So, do I continue and potentially win - or lose and double the debt if Optima can add £1500 costs? I've got until next Wednesday to decide!

 

One last point: I thought costs were limited to a percentage of the amount claimed. If this is the case, I will take my chances if they are only say 20% or whatever of the debt.

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No PPI, and agreement is definitely OK. I am defending only on the DN. Yes, I did get a termination letter demanding the full balance, and I did accept the termination. But having read many, many threads on this board I am wary of what some have termed the 'judge lottery'. And the bits I've read on the Amex v Brandon case don't fill me with confidence, whatever the strength of my case. So, do I continue and potentially win - or lose and double the debt if Optima can add £1500 costs? I've got until next Wednesday to decide!

 

One last point: I thought costs were limited to a percentage of the amount claimed. If this is the case, I will take my chances if they are only say 20% or whatever of the debt.

 

 

It is worrying I agree, talking to my local TS recently and they had attended a case where there was no default notice, no assignment, no agreement and the defendant lost, as you said, down to the Judge Lottery but I would imagine that the Judge would set some sort of repayment system applicable to your ability to pay and wouldn't be payable up front. My feeling is you have come this far and might as well continue.

 

Remember default notices are issued to protect the lenders and if they have failed to carry out this in the prescribed manner then a fair Judge with a good knowledge of the Consumer Credit Act may strike out their claim, make sure you know all the back up law on default notices although your head is probably spinning already and will keep all fingers and toes crossed for you.

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