Hilesden securities court papers received ** Discontinued ***

[gh2008]

That is not a letter it is a 'General Form of Judgment or Order' as per the heading

 

You have got what you asked for from the Court from your N244, if you hear nothing by 4pm on the 18th write to the Court requesting that they strike out the claim. They may say you need to make another application if so just submit another N244 for a Strike Out together with full costs.

 

It is slightly unfortunate that your application crossed with their own Order re the AQs but then we were not aware they were already overdue....

 

But you will either have a proper claim to defend by the 18th or you can get rid of it.

[john]

Thanks. Just have to play the waiting game a bit longer!!!

[john]

Vicky:-

 

Does that mean we'll have to pay to submit another N244? I only put the costs as just over £100 up to the AQ. I'll have paid £80 in application fees alone!!!

[citizenB]

Yes, you will need to pay to submit a further N244. However, you can do a supplementary costs schedule

[john]

How would I work out supplementary costs? gh2008 said it could easily come to 2/3rds of solicitors costs which could be 2-3 grand but I sent in the following when the judge requested my costs which I calculated from NGeddies thread

 

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

 

N244icon 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.

Edited February 10, 2011 by john

[john]

Any help on the supplementary cost schedule, please?

[john]

Vicky:-

 

Anybody???????????

[the_shadow]

Hi Vicky,

 

I havent heard of such a form if one exists so suspect CitB is referring to doing another schedule of costs but clearly indicate that its an addition to the previous one sent to the court and it details costs newly incurred. So prepare it on that basis at present.

 

If not I'm sure I'll get corrected.

 

S.

[john]

thanks shadow

[john]

vicky:-

 

recieved these?

 

discontinuance.pdf

 

SAR response.pdf

[the_shadow]

vicky:-

 

recieved these?

 

[ATTACH=CONFIG]24958[/ATTACH]

 

[ATTACH=CONFIG]24959[/ATTACH]

 

 

hahahahahahaha... break open the bubbly tonight then.. they've dropped the case. hmm wasted costs application anyone?

 

S.

[john]

vicky:-

 

Do I have to do anything now? theres no details on the discontinuance form for judges name, date etc? I'm a bit confused now, wasn't expecting this!!!

[the_shadow]

vicky:-

 

Do I have to do anything now? theres no details on the discontinuance form for judges name, date etc? I'm a bit confused now, wasn't expecting this!!!

 

Ok, firstly you need to check with the courts on mon/tues/weds until they confirm theyve received same notice.... then you need to decide if you are going to chase for wasted costs... which is basically all the time you've spend on the case plus the court fees you've incurred.

 

S.

[the_shadow]

I'm changing thread title to "Discontinued"

[john]

then you need to decide if you are going to chase for wasted costs... which is basically all the time you've spend on the case plus the court fees you've incurred.S.

 

the judge asked me for costs previously which i calculated from NGeddies thread. However gh2008 said it would be much higher. I kept it low as I didn't want to look like I was taking the mick. Since then I had started researching for when they came up with a poc. have I shot myself in the foot by trying to be fair?

[the_shadow]

the judge asked me for costs previously which i calculated from NGeddies thread. However gh2008 said it would be much higher. I kept it low as I didn't want to look like I was taking the mick. Since then I had started researching for when they came up with a poc. have I shot myself in the foot by trying to be fair?

 

Nope but you will need to justify extra costs if you claim them, and remember if they dont agree to pay you will have to go via the court to get them although that in itself will add yet extra costs

 

S.

[john]

can I claim travel expenses to the court? I think theyre inviting me to the christmas party!!!!!!!!!!!!!!!!!

[the_shadow]

can I claim travel expenses to the court? I think theyre inviting me to the christmas party!!!!!!!!!!!!!!!!!

 

Yes

 

[john]

vicky:-

 

Thanks to everyone who's helped and encouraged me, I could never have done it without you, its definately your victory not mine xxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

going to ask for advice re: costs on seperate thread as it might be useful to others in the future.

[Dotty50]

Great news Vicky!

[john]

Thanks Dotty. Thanks for the support.

[gh2008]

Firstly congrats - and let this be an example (together with Gazbo's thread) as to one method of dealing with these claims

 

IMHO, as the costs were submitted to Court only and your wasted costs will be submitted to the Claimant only - I would start again with a proper costs breakdown.

 

Keep it reasonable and you will be fine. Should the other side refuse them then again IMHO the Court will hammer them as they have clearly just been wasting the Court's time.

 

By reasonableI would follow NGEddie's lead, of course substituting your actual hours spent ......

[citizenB]

Hi Vicky,

 

I havent heard of such a form if one exists so suspect CitB is referring to doing another schedule of costs but clearly indicate that its an addition to the previous one sent to the court and it details costs newly incurred. So prepare it on that basis at present.

 

If not I'm sure I'll get corrected.

 

S.

 

My apologies, yes just do another costs schedule for those extra costs and attach to the original. HTH

 

Having said that I notice gh has advised a better method

 

Good news the discontinuance eh

[john]

Thanks GH2008 I will do that. I couldn't have done this without your help so a BIG thanks to you.

[john]

So do I send my costs to Aplins, not court? At last I have found the proper breakdown on NGeddies thread. If I claimed the real hourly cost of my internet research they would be bankrupt lol. For all my visits to court I have taxi receipts but didn't think they were included. Is it ok to put them in?