CCJ against me...never recieved a claim to defend!! -*** HOWARD COHEN DISCONTINUE **

[dmb248]

Thanks Donkey

[caro]

Did you check the court knew about the discontinuance?

[dmb248]

Hi Caro

 

I telephoned the court yesterday and they received the discontinuance notice on Thursday. I am assuming that the court will put the discontinuance in writing to me also?

[caro]

Not sure tbh. I would think so.

[DonkeyB]

Don't think you'll get anything from the court. I didn't.

[caro]

The main thing is that the court have it.

[dmb248]

Hello Again

 

I made a claim for my costs which is set out below, Maybe chanced my arm a bit, but the offer that they have made is way off the mark!

 

BILL OF COSTS

 

Work undertaken and time taken as a Litigant in Person during the course of the proceedings bought by the Claimant.

Preparing and researching a Set Aside Application.

Preparing for and attending a Set Aside Hearing.

Preparing for, submitting documents and attending a second Set Aside Hearing.

Searching for and locating documents and papers relating to the proceedings.

Research regarding Consumer Credit Law and CPR rules.

Preparing and submitting a Defence.

Preparing and submitting an Allocation Questionnaire.

Preparing for and attending a Strike Out Hearing.

Receiving and considering the Claimant's Notice of Discontinuance.

Research regarding specific CPR rules.

Research regarding detailed assessment proceedings and Litigants in Person

Preparing a bill of costs and a notice of commencement of costs proceedings.

Time: 34 hours @ £9.25ph £314.50

Travel to and from court including parking £ 34.50

Stationary including postage costs £ 36.41

Document retrieval £ 10.00

COSTS PAYABLE BY CLAIMANT £395.40

 

Would just like an opinion as to how I should proceed after I recieved the following this morning. I know the time that I spent on this and it was a hell of a lot more than 4 hours!!

 

I am having a problem with my scanner so have typed the contents of the letter below.

 

 

Your bill for costs was filed and served without putting us on notice, whereby costs could have been agreed without there being wasted costs, which you would bear as you failed to negotate a settlement.

 

In any event, we are instructed to settle this matter with a sense of proportionality, as the costs sought are excessive and disproportionate considering how little work had been unertaken by both parties. This would be referred to the Costs Judge at a Detailed Assessment hearing.

 

After reviewing the file we note that since the assignment of your debt from the HSBC is Sept 2007 payments were regularly made to the Claimant up until Oct 2009 which in itself is an admission to the debt.

 

The content of your application to Set Judgement Aside contains content which is readily available on the internet and is made up of mainly information provided by the Office of Fair Trading.

 

Your application to Set Judgement Aside was heard on .........and adjourned to.............By an Order made by DJ dated.......the judgement was set aside and you were awarded costs of £75.00, which you have recieved. Therefore it is not appropriate for you to attempt to claim costs twice.

 

With regard to the subsequent defence filed, this too consists of material which is readiily avaialble from the internet that the Claimant and the County Court have seen on numerous occasions. The same can be said about your Application to Strike Out the claim. The Claimant therefore contends that the vast majority of what is being cliamed by you is excessive and disproportionate.

 

In order to resolve this matter to a satisfactory conclusion, our client is prepared to make a full and final offer to prevent this matter being pursued unnecessarily.

 

With that said, we calculate your costs to be £37.00. In addition to that the Claimant will pay your dispursments calculated at £57.91, which give a sum of £94.91.

 

However our client is prepared to offer £100.00 in full and final settlement of your costs. Accordingly we resere the right to refer this letter on the issue of costs at a future hearing in this regard.

 

 

Cheers

dmb

[panther12]

Cheeky barstewards. I can imagine the research, time & effort gone into this. It doesn’t just mysteriously jump from the web onto your A4 copier. Most letters from solicitors are cut & shut jobbies with a few tweaks yet they charge ridiculous fees. I’d be tempted tell em sod off.

[dmb248]

To right panther...I found the letter quite amusing as their client...

 

A) Didn't serve notice on me before they obtained the original judgement!

B) They tried to claim costs in excess of £400 as part of their defence to the Strike Out hearing!

 

Before I respond however I would just like to clarify a of point....should I have served notice on them before I sent the above and the N252?... If so if they contest and pay the £300 fee would I be liable for that if a DJ assesed my costs as excessive?

 

They mention Negotiation well, with in the letter sent with the discontinuance they stated...'bear own costs' to which I replied with the above, to which they replied with the offer of £100..in my mind thats negotiation!?!

 

I have just been reading further threads & posts on the site and have come across one regarding dispursements and that their is no limit as long as you can prove what you are claiming and as I drive a big car that does only 17mpg (in the process of LPGing it!) and the court is a round trip of 30 miles which I did needlessly on three occasions I have infact undersated fuel costs!! - I am very tempted to issue them with a new Bill of Costs for more!!!

 

dmb

[DonkeyB]

Normally you’d put in an amount expecting to get knocked back to 70%. You might want to counter offer say £210 under CPR 47.

[dmb248]

Thanks Donkey

 

I am going to counter offer, however do i have to send them another N252 for the new amount which will be a final amount? and how long do I give them before I apply to the court costs certificate?

 

I have just read CPR 47 again and I think that I amy have mis understood...Am I right in saying that I have to pay the £300 assessment fee and that the following paragraph from their letter is really a little attempt at intimidation?

 

'Your bill for costs was filed and served without putting us on notice, whereby costs could have been agreed without there being wasted costs, which you would bear as you failed to negotate a settlement.'

 

Because I served and filed they believe that a DJ would not award that cost back to me?

 

As always advice appreciated.

[DonkeyB]

But you haven’t served it at court yet, have you? They are trying it on, I think.

 

All offers and counter offers should be done on a WP basis, except where they may want to do a part 36 offer. You do NOT need to send another N252.

[dmb248]

No not filed with court yet....WP basis?

[DonkeyB]

Without prejudice.

 

The whole point of sending the N252 without serving is so they can respond and raise points. Your bill for costs has not been filed therefore.

 

Point this out to them and make your counter offer. They have not been prejudiced in any way, but you have, by their abuse of process.

[dmb248]

Thanks again Donkey.

 

As they have been sent my bill for costs and the N252 and have raised their points within the 21 days, I am assuming that they cannot raise any further points so how long do i give them to respond with payment before I apply for a costs certificate as this will be my final offer?

[DonkeyB]

They have made you an offer. You need to decline it, and say you will accept XXX amount, which should be maybe 75-80% of the initial claim, then await their response.

 

If they don’t offer 70% of what you ask, you would have to pay the £300 fee – but I imagine they will settle, as your costs are very, very reasonable.

[dmb248]

Thanks for the clarification Donkey

 

I will submit my final offer and await a response.

[DonkeyB]

Don’t say ‘final’ – no need to.

[caro]

I'm not sure that I'd make offers Without Prejudice. This would mean that you can't show what you've done to a court to try and resolve things, or how unreasonable they've been if you can't agree.

[DonkeyB]

Make it 'WP save as to costs' then!

[dmb248]

Do I need to put 'WP save as to costs' at the top of the letter then?

[citizenB]

Do I need to put 'WP save as to costs' at the top of the letter then?

 

Yes.

[dmb248]

Thanks Citizen

 

But why would they not put that at the top of the letter with their offer?

[DonkeyB]

Given you’re an LiP, they’re fairly moot points anyway. Do what you’re comfortable with. One of the points of WP correspondence is that it CAN be used to demonstrate costs incurred.

 

Can you clarify this: did you send a request for costs before you sent the proforma N252?

 

You also have to serve your claim on the court within a certain timescale. Google CPR 47 for all the regs.

[dmb248]

Given you’re an LiP, they’re fairly moot points anyway. Do what you’re comfortable with. One of the points of WP correspondence is that it CAN be used to demonstrate costs incurred.

 

Can you clarify this: did you send a request for costs before you sent the proforma N252?

 

You also have to serve your claim on the court within a certain timescale. Google CPR 47 for all the regs.

 

They sent a letter with the discontinuance stating own costs so I sent my bill with the n252