Hilesden securities court papers received ** Discontinued ***

[gh2008]

Why isn't there an boot up the ass smiley on here?

 

I looked for one as well !!!

[john]

That all sounds brilliant, thanks a lot for taking the time to draft the letter Elsa. Will get the letter done and ready to post on Monday and see what happens then. A boot up the bum is probably what they need to stop these unfounded claims.

[Undercover-Elsa]

It's a pleasure

Wish I'd been in on the start of this to watch it unfold..a very satisfying thread.

All the best with the biggest boot you can find...

 

Elsa xx

[john]

Just a quick question, I sent the costs letter to Aplins, but the replies have come from DLC. Who should i send Elsas kick-ass letter to? Thank you.

[john]

dlc.pdf

 

letter above recieved from dlc, sent before the telephone conversation. Do I send letter of reply below to Yvonne Brackenboro?

 

Further to our telephone conversation on 3rd March 2011 in relation to costs for the above case, I write to confirm the elements of the conversation and reiterate that all further discussions on this matter should be in writing. Furthermore I will copy all correspondence to the Court.

 

In précis, you state that you would never pay the costs I have submitted, have no knowledge of my submission of an N244 and that you are not liable for costs after the Allocation Questionnaire. You made an offer of £100, which I declined and stated I was quite willing to go back to Court. In response you stated you did not wish this to go to Court and wished to come to some agreement.

 

I believe this is an accurate summary of the conversation.

 

Further to my verbal response, I would reiterate that I feel your offer of £100 is derisory and unrealistic to the point of insult. Indeed, it could be construed as an attempt to take advantage of the lack of knowledge of a Litigant in Person.

 

I have followed the recommended guidelines and clearly and fairly calculated my costs. Obviously your offer would not even cover out of pocket expenses, let alone reflect the many hours of work and research involved in dealing with your attempted claim as a Litigant in Person. Had I engaged Legal representation my costs would have been significantly higher.

 

Turning to your belief that you are not liable for costs after the AQ, as I’m sure you must be aware, this only applies once a track has been allocated. The case was trackless when you discontinued, hence full costs are payable, as I’m sure the Court will agree. (See:- CPR practice directions SECTION 15 COSTS ON THE SMALL CLAIMS TRACK AND FAST TRACK: RULE 44.9 15.1(1) Before a claim is allocated to one of those tracks the court is not restricted by any of the special rules that apply to that track.)

 

Hence unless we can come to a more realistic and fair agreement based on my submitted figures, I am quite prepared to apply to the Court for costs to be assessed on the indemnity basis due to your conduct both up to and following your discontinuance of your ill-conceived claim. This will obviously incur further costs, and I reserve the right to appoint legal representation in this matter.

 

I look forward to a satisfactory response within 7 days,

 

added the CPR rule gh2008 quoted, thought it might add some clout?

Edited March 6, 2011 by john

[Undercover-Elsa]

Hi

Good idea to add the quote.

Yes, I would think the letter needs to go to her at DLC. If it wasn't her you spoke to amend it to "Further to the telephone conversation with your office".

They will pass it on to Aplins if necessary.

 

...put CC Court Manager xxxx court at the bottom

[john]

So I need to send a copy to court? Do I send a copy of their letter to me with it? Is the court file still open after the claimant has discontinued? Sorry for all the questions.

[gh2008]

So I need to send a copy to court? Do I send a copy of their letter to me with it? Is the court file still open after the claimant has discontinued? Sorry for all the questions.

 

Yes

No, don't worry

Yes

 

[john]

Thanks gh2008 will do that tomorrow.

[john]

Is this OK for the cover letter to court, please?

 

Dear Court Manager

 

I am enclosing a letter sent by myself, the defendant, to the claimant in regards to the above case and request that it be put on file for future reference.

 

Thank you for your help in this matter.

[john]

:s9:

 

http://www.majhost.com/gallery/DanElHombre/smilies/kick1.gif

 

(IMG:http://freespace.virgin.net/zzz.99/k/kick.gif)

 

kick ass smileys but don't work on here!!!!!

Edited March 7, 2011 by john

[Undercover-Elsa]

 

working now

good find!

[john]

Letter to DLC and copy to court sent recorded on Monday so just waiting for their reply!!!!!!!!!!

[citizenB]

Letter to DLC and copy to court sent recorded on Monday so just waiting for their reply!!!!!!!!!!

 

Arent we all

[gh2008]

cool 8-)

 

Sorry missed this update - have been a little busy elsewhere !!

[john]

Letter courtesy of elsa sent on 7th asking for response within 7 days. Nothing so far. how long should I wait?

[john]

Arent we all

 

are you at a similar stage CB?

[leopard lady]

**

Edited March 17, 2011 by leopard lady

[john]

Vicky:

 

Should I be sending a follow up letter? Are there loads of members waiting for costs from them? Don't know what to do next.

[sortingitout]

bump

[citizenB]

suewell, you would do better to start a thread of your own rather than attach to the bottom of a long running thread

 

I also believe that postjjg hasnt been on the forum for a little while.

[suewell]

thank you citizen B, I have but Im having trouble with it, its keep coming out in block format instead of paragraphs....

[citizenB]

Hold still and I will sort it out for you and send a link via private message.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?341253-Re-suewell-v-Hillesden

 

to help suewell please use the link above.