1st Stop and AoE by the old address judgement trick - help to set aside please ****Claim Withdrawn****

[DonkeyB]

Good. The aim is obviously to get this settled and keep it out of court.

[Signaller]

Thank You DB for your time, yet again. Obviously, I will keep you all updated as/when/if I hear anything form the Court or Claimant.Regards to You AllSignaller

[Signaller]

Received the AQ yesterday.Most of the questions are self explanatory, ie; require yes/no. In the 'Other Information' section am I allowed to explain the behaviour/conduct of the Claimant. As we know, some Judges only look at the bare facts of a case and may not be interested or have the time to look at everything.

I have made what I think is a very reasonable offer considering the circumstances, but yet again the Claimant has not replied.I have until 10/01/12 to send the AQ back, and it has been allocated to small claims track.

 

Signaller

[Signaller]

I didn't realise there were two different AQ forms.The one I have is the N149, and says at the top 'Small Claims Track'.I just assumed it was allocated to SCT. I thought I didn't have to pay a fee for this.Can someone please advise before I sent it off.

On the 'General Form of Judgement or Order' it says that 'Upon reading the Court file' IT IS ORDERED THAT' Allocation Questionnaires are to be completed by both parties.

There is no mention of the Claimants refusal to comply with the previous Order, whereby they did not file and serve a response to my Defence.

There is also a form headed 'Notice that a Defence Has been Filed', advising the Claimant that I have indeed filed a defence. The Claimant is aware of this already.

They (Claimant) are not complying with Court orders, and they are not now replying to my letters or e mails. When I asked if I could put anything in the 'Other Information' section this is what I meant.

 

Signaller

[DonkeyB]

You have till 10 January to get the AQ done. Let's use that time well. Resend your offer letter again demanding a response. Make sure your reasons for making the lower offer are clear.

 

Send recorded. If they continue to fail to respond, we'll use that in the AQ when requesting directions.

[caro]

I was surprised when you said it had been allocated to small claims track (SCT) because the information on the allocation questionnaire is what the judge uses to decide which track the claim should come under.

 

It's up to the claimant to deal with their own AQ, and you should get a copy of that when it's done. If they complete it then you should know about it, and if they don't complete it, that will help your case.

 

For now, just concentrate on what you need to do. I would agree with donkey's advice too. It can only help to show the judge that you've done your best to get things sorted without wasting the courts time.

[Signaller]

Thank You both for your comments/advice.I have sent another letter repeating my offer and explaining how I arrived at such offer.I have given them until 02/01/12 to reply.That should still leave plenty of time to get my AQ back by 10/01/12. If I do hear anything from them I will let you all know.Just one more thing please, do I have to pay a fee for the AQ or am I right in thinking the Claimant pays this.Thank You once again.Regards, and Best Wishes to everyone for Christmas and the New Year.Signaller

[DonkeyB]

It costs you nothing to file your AQ.

[Signaller]

Thank You DB.I thought so but wanted to confirm it.Hopefully this will all be sorted soon RegardsSignaller

[king100]

Subbing

[Signaller]

Hi, and Happy New Year to everyone. I have purposely left it this late (AQ has to be in by 10/01/12) to give the Claimant more time to reply to my letters. I asked for a reply by 02/01/12, and as expected have heard nothing to date. The N149 seems pretty straight forward.Most of the questions require a yes/no answer.However, can you please advise me what to put in section G 'Other Information'. I will be online till about 1300, and would like to get the AQ to Court by Monday if possible.RegardsSignaller

[Signaller]

I may have to leave work early today, but will still be here till about 1230. I will try to get online somewhere this afternoon, otherwise I will not be able to get back online until tomorrow morning. I have already sent two letters offering to settle this matter and have had no reply at all.As always, I appreciate all your comments/advice.Signaller

[AndyOrch]

Hi Sig

 

You simply use section G Other for anything you wish to bring to the DJ attention and that will assist in your case.For example the no response to 25 offers of settlement and that this should be considered at any costs awards. No statement presented as ordered by the DJ etc ....Im sure you can detail something substantial to add to these points.

 

Regards

 

Andy

[Signaller]

Thanks for replying Andy. Sorry it's taken so long to reply back. Regarding costs, should I include my costs to date or leave it for another time?In Part A (Settlement) I have asked for a postponement of one month to try and settle the claim. Should I change this, as I have already sent two letters offering to settle and have had no reply to date. I can't see any point in sending the same letter again. The AQ has to be in Court by 10/01. I'd like to get it in today as I'm at a funeral on Monday. I did give the Claimant until 02/01 to reply, however I don't expect they will reply at all now.RegardsSignaller

[AndyOrch]

No to settlement and state the reasons why and yes prepare your costs to date.

 

Andy

[Signaller]

Hi, can anyone please advise the rate per hour a LiP can state.I am aware it was recently changed, but as this case started before the change do I state £9.25 or the new rate of £18.00. Can a LiP claim for time off from work to attend Court. I had to use two days holiday to attend Court.I don't think I'm being greedy.I just don't want to miss anything out. I'm also aware that even if it goes in my favour I may not get costs at all.If it does go in my favour, I want to be able to make as big a donation as possible to CAG.Can you also please advise what I can actually state in my schedule of costs. I was going to get my AQ in to Court yesterday but I should be able to get it there on Monday in time.Thank You.Signaller

[citizenB]

Yes, you are claiming at the new rate of £18.00 and I believe you can claim for time off work to attend court - I think that is now up to £90.00 per day.

 

You can also claim for printing costs, ink etc. Probably best to do an all inclusive cost per page.. I charged 11p per page and that was back in 2009/10. You can charge for travel to and from the court. If you use your own car then you can charge mileage and parking fees.

 

I will try and find the new LiP rates list for you so you have something to refer to .

[citizenB]

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/

 

Here you go

[Signaller]

Thank You citizenB for your help/advice. Sorry i didn't reply earlier but was completing a statement to go with the AQ, and have just completed a costs statement. I have came up with £436.04. The actual time I've spent is far more than what I've indicated, but I still think it is fair, at least to me.Will submit it on Monday and will obviously post when I hear back from the Court.RegardsSignaller

[citizenB]

[citizenB]

Dont know if the attached will be of any use to you..

 

 

Bill of costs for forum.pdf

 

 

Bill of costs for forum.xls

 

One is a pdf file and the other is an excell doc.. I am not sure whether the formulae will continue to work.

[citizenB]

and these are the judgments mentioned in the bill of costs - to back up your claim.

 

Wulfsohn, R (on the application of) v Legal Service Commission [2002] EWCA Civ 250 (8 February 2.pdf

Mealing-McLeod v The Common Professional Examination Board 2000 All ER D 436.doc

[Signaller]

Hi,

I managed to get my AQ in yesterday.It had to be in by 4pm today.Have phoned the Court, and was advised that the Claimant has not returned their AQ. I am to phone tomorrow, and if the Court has heard nothing still, it is likely that the Claim will be Struck Out or an Unless Order issued. Will post again tomorrow after I phone the Court.

 

Signaller

 

Thank You citizenB.Those bill of costs are interesting.I didn't go in to as much detail though.Should I have done?

Edited January 10, 2012 by Signaller
Forgot to Add

[citizenB]

Up to you how you detail your Bill of Costs.. I was just showing you what you could actually claim for

 

The only thing I wasnt allowed to claim for was those costs I entered into BEFORE issuing the claim..

[caro]

Hi,

I managed to get my AQ in yesterday.It had to be in by 4pm today.Have phoned the Court, and was advised that the Claimant has not returned their AQ. I am to phone tomorrow, and if the Court has heard nothing still, it is likely that the Claim will be Struck Out or an Unless Order issued. Will post again tomorrow after I phone the Court.

 

Signaller

you

Thank You citizenB.Those bill of costs are interesting.I didn't go in to as much detail though.Should I have done?

 

You are more likely to get your costs if they're itemised. For example £400 may sound quite a lot, but if you show x hours research, printing, postage, travel costs, time off work, and include any receipts it demonstrated that it's really quite reasonable.