Hilesden securities court papers received ** Discontinued ***

[MARTIN3030]

Thanks Martin.

 

In A I need to put a reason why there has been no attempt to settle. I was going to put because the claimant has not produced a full particularised particulars of claim, is that sufficient?

The Claimants particulars of claim are vague,fail to particularise or show sufficient cause of action.

 

In D, have you made any applications, if yes, what for? gh2008 said to put "Claimant's case to either be struck out or for the Claimant to submit a fully particularised POCicon" but it says for hearing on???

For hearing on the next available date.

 

What should I put on the cover letter to Aplins with their copy of the aq? Just basically

 

"Please find enclosed a copy of the allocation questionnaire submitted to court 31/1/11."? Thats fine.

 

Sorry to be a pain, think thats all.

[gh2008]

Sorry I wasn't around this weekend unavoidable I'm afraid

 

Still thanks to Martin you have your AQ now so let's see how this is going to progress.

[john]

Thanks gh2008. A well deserved weekend off!!!!

 

Handed in at 3pm today and nothing from Aplins at that time.

[john]

Vicky:-

 

Just had a though, might have made a mistake, didn't put the truth and signature bit on the 2 attachments. Should I have? Posted copy to Aplins recorded before post office closed today.

[john]

Vicky:-

 

Hillesdens had not submitted an AQ by 3.30pm today. Yesterday was the deadline, so what happens now please?

[gh2008]

Well, what *should* happen is that the papers will be put before the DJ again as per their Order and the DJ will then strike the claim out.

 

You then put your costs together and submit them to the other side for approval - if they do not approve then you negotiate a little and if not they go before the Court and they will get hammered.

 

(they *might* submit it late (having read yours) with some pathetic excuse - in which case the Court will, most likely, let them get away with it - that's just the way it is .... but then there is still your app in the pipeline ....)

[john]

Vicky:-

 

Thanks gh2008. The court said it should go to the judge in the next couple of days so I assume that if Hillesdens submit in that time it will be accepted. What a joke, and I broke my neck to get it in on time. Oh well, que sera.

 

I already sent the judge my costs, as he wrote and asked me. Will I have to do it again?

[gh2008]

It's a gamble they can afford to take, but you can't I'm afraid.

 

You have to remember that this account is, to them, just a drop in the ocean, however to you it has rather more significance.

 

This means that you just have to tow-the-line more carefully

 

As I said, there is still your application to be heard, and if they do submit an AQ (and their payment) then it will be very interesting to see their argument as it will give you a heads up for the application hearing.

 

My thoughts ..... they will not want to lay out more cash and will just let the case be struck out and hope that you don't bother to claim your costs .....

[john]

Thanks gh2008. Is it worth ringing court every couple of days to see whats happening? Do I have to apply to have it struck out or will the court do it if they don't send the AQ?

[gh2008]

Yep, I would ring them just to keep on top of things. If nothing seems to be happening write to the Court Manager.

 

As the Order specified that the claim would be struck out without further order then it is just a matter of the papers going before the DJ and then DJ striking out the case. No application needed, DJ has already decided the consequences.

 

Start sorting your costs out, NGEddie has a thread that went into costs claiming very thoroughly.

£9.25 per hour spent on research and dealing with the claim - this is capped to 2/3rds of what it would have cost had you been represented. There is nothing stopping you ringing a couple of local sols and asking how much it would cost to take the claim, defend and apply for SO (I'm guessing £2k-£3k)

 

Then you also add you disbursements i.e. out of pocket expenses everything from paper, stamps and phone calls through to application cost etc

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?237396-N150-assistance-needed...please-**WON** NGEddie's thread - costs start about 2/3rds through I think

Edited February 2, 2011 by gh2008
added link

[john]

Vicky:-

 

Unfortunately I sent the following letter as in a previous post in response to the judges letter asking for the costs!!!

 

 

 

 

 

 

Does this sound OK for the letter?

 

Dear Court Manager

 

In response to your letter dated xx/xx/xxxx

 

The costs in this case, to date, are as follows:-

 

Time spent researching the consumer credit act 1974 and the regulations 3hrs

time spent researching and reading case law 2hrs

time spent drafting defence and allocation questionnaires 3hrs

approximate total time spent at the litigant in person rate of £9.25 ph 8hrs

 

Other costs incurred:

 

Printing, Stationary and Postage £5.00

 

N244 fee £40.00

 

Total other costs £45.00

 

Litigant in Person Costs 8 hrs @ £9.25 per Hour – £74.00

Other Costs Incurred - £45.00

Total Costs - £119.00

 

 

 

These costs are up to and including the Allocation Questionairre.

 

 

 

Yours sincerely

[gh2008]

any news?

[john]

Hi gh2008. Phoned court at 3pm today. Told a letter has been sent saying that claimant has got until 18th Feb to send their poc in, and a further 14 days for both parties to submit their AQ. I am a bit peeved about this, as I now have no idea whats going on

[gh2008]

My guess, is that, having read your AQ they then wrote to the Court with a lame excuse asking for more time.

 

I would be writing a letter to the Court Manager asking what has happened to your application.

[john]

Vicky:-

 

could it be they have now got round to actioning the n244 and this is the deadlines for that? The n244 went in on 4th Jan but I reckon they overlooked it as I had no acknowlegement from court, and they only did something about it when they got my letter on the 26th asking what had happened to it.

[john]

Is it normal for the court to change deadlines in this way? `we were told that if either side failed to submit their AQ by 31st Jan their case would be struck out.

[leopard lady]

can I ask the court why it seems to be favouring the claimant, and why the `N244 was submitted on 4th jan but seemingly never acknowledged or acted upon. Don't want to alienate them!!!

[gh2008]

it would have been changed for the reasons I gave earlier.

 

I would be ringing the Court on Monday to find out exactly what has happened to you application - it should have been heard by now with an Order one way or the other.

You had the letter re costs, which you have answered ...

[john]

OK gh2008, will query whats happening tomorrow. I'm a bit peed off to say the least. As of friday the court had had no contact whatsoever from Aplins/Hillesdens, so I don't know whats happening.

[john]

Apparently they can only tell me whats on the letter on the phone. I don't think they know about any legal stuff, she just read out the letter. I will go down tomorrow and try to ask someone more senior, but will take a letter with me in case noone is available. They've still had no contact from the claimant though, so it can't be them asking for an extension.

[gh2008]

Hi gh2008. Phoned court at 3pm today. Told a letter has been sent saying that claimant has got until 18th Feb to send their poc in, and a further 14 days for both parties to submit their AQ. I am a bit peeved about this, as I now have no idea whats going on

 

Ah, this 'letter' may well actually be an Order following the DJ looking at your app as that 'letter' is actually exactly what you asked for i.e. POC as well (which I missed first time I read it.

 

Well, as they didn't send in the AQ I would be surprised if they now send in a fully particularised POC

 

If they do, then the AQ you have sent in will be ignored anyway and you can send in a new one.

 

Have you seen this 'letter' does it start

'Upon read the Defendant's application ...'

[leopard lady]

wrong thread

Edited February 7, 2011 by leopard lady

[john]

Vicky:-

 

No not arrived yet. Will check as soon as I see it.

 

I assume the court had overlooked the N244 as I submitted it 4th January. 4 weeks to action it is a bit long isn't it?

[the_shadow]

Vicky:-

 

No not arrived yet. Will check as soon as I see it.

 

I assume the court had overlooked the N244 as I submitted it 4th January. 4 weeks to action it is a bit long isn't it?

 

Hmm if its gone before a judge surely a comment should be on the case file?

 

S.

[john]

letter from court as promised:-N244action.pdf

 

Is it worth asking the court what the hells going on? The last correspondence I had was giving the January 31st deadline for the AQ!!!