Lowell portfolio - served me SD - HELP!!! *** WON + FULL COSTS ***

[khemist]

Hi people,

 

Please excuse my rant yesterday, I would be lying if I said I was not very nervous as I get closer to the court date.

After reading various more posts on the subject, I have realized, even if lowlifes do not turn up, and even if they do not send info to me as requested by the judge, I still have to argue my side with the judge! I thought, if they don't adhere, or turn up, the judge would just set-aside.

I am trying to keep sane and absorb the wealth of information I have learnt here, ensuring I can quote with knowledge and not just cut and paste for the purpose, this is why I have taken so much time - learning.

Thanks again to you all for your guidance and support - I could not have got this far without your info.

 

One of my areas of expertise is website building with the site teams approval I would like to back-link every site I code with this forums details, since using this forum and spreading its purpose I have met many people who have been doing the head in the sand thing, not knowing you guys are here to help... Thanks once again for a great service.

 

khemist

Edited March 7, 2012 by khemist

[citizenB]

No worries, Khemist..

 

It is extremely frustrating when you know exactly how much time you have spent and because you are a LiP you know that there is no way you will ever be compensated.

 

However, and it is a big however, if they DONT turn up and have sufficiently ticked off the Judge.. (s)he does have discretion to award an amount in respect of the opposition's unreasonable behaviour.. so dont lose faith

 

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27

 

the rule you need to scroll down to is

 

CPR 27.14 (2) g

 

HTH

[khemist]

Thanks Citizen8 I already have this info as part of my file, just in case the judge asks where I got the £18 rate from - I can now quote amendment 57 changed as of October 2011.hourly rate change from £9.25 to £18 per hour.

 

Thanks

 

khemist

[khemist]

Hi people, an update.

I received today, a credit agreement signed by me in 2002 from Hamptons, I am not sure if it is because I sent a CCA request or if it was due to the courts request of CCA, Statements, and Assignment notice, none of which was present aside the CCA!

If it is from my requested CCA they are well out of the 12+ 2 days allowed.

 

The letter states 'please find as requested a CCA - please do not hesitate to contact us - we accept payments via credit cards or debit cards by calling the Numbers above'

I would take this to mean they will be turning up in court, however my defense is still that it is a statute barred debt!

it sounds like they really want me to phone them to sort out before court, I will not be calling them!

 

Any feedback much appreciated.

 

ps Sorry to CitizenB - my eyes are not what they used to be... Citizenb not Citizen8 my apologies.

Edited March 8, 2012 by khemist

[khemist]

here are my costs - please tell me if it looks ok.

 

 

COSTS

 

Litigant in Person = 30 hours @ £18 per hour: = £540

(Actual time spent researching and learning the CPR law = 240 hours / I would ask the judge to consider a portion of this,as Punitive costs,

as I realize to claim this could be deemed as gratuitous! )

 

(CPR 27.14 (2) g ) (g) Such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably;

 

pursuant to the 57th update of the, CPR, PD 48.3 paragraph 52.1 amended, costs allowable to litigant in person have increased from £9.25 per hour to £18 per hour – as recommended by lord justice Jackson which came into force 0ctober 1 2011

 

Stationary - £3.99 1 x pack of A4 laser printer paper

 

Postage special delivery - £5.45

 

CCA request - £1 postal order

 

Travel - £7.70 x 2 / travel card to court to file set-aside claim, travel to court for the hearing:

= £15.40

 

Photocopying £2.40 x 12 copies @ £0.20p each

 

khemist

[42man]

CPR law ? civil rules only apply for civil cases, NOT for insolvency/bankruptcy law ? I think you have it confused for Consumer Credit Act and Insolvency Laws...

[asokn]

I haven't read the whole thread but if you're applying to set aside a stat demand then CPR Part 27 is irrelevant as it deals with the small claims track. You don't need to show unreasonable behaviour, costs usually follow the event subject to any particular facts of this case that justify a departure from that usual rule.

[khemist]

OK, I am lost! I hear what you are saying 42man, are my £18ph costs wrong or quoting CPR rules? given to me by CitizenB? [advice only, I know]

shall I remove CPR line? and am I looking at the wrong law procedure?

 

khemist

[42man]

I would take out any particular reference to specific CPR's...I would just be putting down costs and research time (for Consumer Credit Act and Insolvency Laws)

[khemist]

Thanks asokn, will amend.

 

khemist

[khemist]

Thanks 42man

 

khemist

[khemist]

Taken out CPR lines...

[khemist]

revised:

 

Litigant in Person = 30 hours @ £18 per hour: = £540

 

(Actual time spent researching and learning Consumer credit and insolvency law = 240 hours / I would ask the judge to consider a portion of this)

 

Stationary - £3.99 1 x pack of A4 laser printer paper

 

Postage special delivery - £5.45

 

CCA request - £1 postal order

 

Travel - £7.70 x 2 / travel card to court to file set-aside claim, travel to court for the hearing:

= £15.40

 

Photocopying £2.40 x 12 copies @ £0.20p each

 

khemist

[asokn]

I would take out the 'actual time' part, you're supposed to be claiming for your actual time as it is, the reason you haven't claimed for 240 hours is that it's totally disproportionate. Claiming for x but saying you've actually spent y just seems unnecessary.

 

You probably won't recover postage, CCA request fee, stationary or photocopying but there's no harm in including it.

[khemist]

Thanks asokn.

[asokn]

No worries

[citizenB]

My apologies.. I forgot this was a Stat demand and as advised CPR does not apply. I am truly sorry for misleading

[AndyOrch]

My apologies.. I forgot this was a Stat demand and as advised CPR does not apply. I am truly sorry for misleading

 

(with the exception of certain CPR cost rules).

 

Andy:wink:

[khemist]

No apology necessary, you have been very helpful - it is up to each individual to check and treble check information.

 

khemist

[khemist]

H all

 

How do you address the judge?

Simply Judge, or Lord justice?

 

Thanks

 

khemist

[asokn]

Sir or Madam

[khemist]

Thanks.

[khemist]

Hi Guys and girls [please forgive me when I say Hi guys, I do mean men and women - hope I have not offended anyone!]

 

Anyways, how do you subscribe to a thread so I know when its updated rather than having to keep searching for it?

 

Thanks

[ims21]

Hi Guys and girls [please forgive me when I say Hi guys, I do mean men and women - hope I have not offended anyone!]

 

Anyways, how do you subscribe to a thread so I know when its updated rather than having to keep searching for it?

 

Thanks

 

Hi

 

If you go to the top of any thread, there is an item in the grey bar called "Thread Tools"...click it and you will see an option to subscribe to the thread. When you have subscribed, new posts will appear in your user control panel. Also you will get an e-mail notification if you opt to be notified by e-mail when you subscribe.

 

ims

[khemist]

Thanks ims.