Bannatynes unknown CCJ

[slick132]

I don't see where there can be any compromise here.

 

Unless the gym is prepared to withdraw their claim and pay your costs, I see nothing to be gained from mediation.

 

I would contact the Med'n Service once more saying that regrettably, unless the claimant withdraws the claim and agrees to pay your costs, there is nothing about which you feel able to negotiate.

 

Edited August 1, 2012 by slick132
meditation ?? = mediation !!

[DCAHell]

Thanks for that I will contact the mediation service tomorrow as I am firm in my belief of my defence and most definitely cannot compromise on my position.

[DCAHell]

Ok the case is now going to be heard on 2 August . I will stick with what I believe.

[DCAHell]

How do quantify my costs do I can make a counter claim?

[citizenB]

How do quantify my costs do I can make a counter claim?

 

A counterclaim would cost you money and if you have already submitted a defence then you will need to make application to amend/change which would cost you around £80.00 + I think.

 

You could prepare a schedule of costs to present to the court in the event that you win. Or I am pretty certain that you can submit them at least 24 hours prior to the hearing date (both to the court and the opposition)

[DCAHell]

Ok so how do I quantify them are there any guideline rates which the court will accept as fair???!!!

[citizenB]

Ok so how do I quantify them are there any guideline rates which the court will accept as fair???!!!

 

Maybe me being a little obtuse, but I dont quite understand your question.

 

You are entitled to reclaim time and the cost of disbursements up to 2/3rds of what a solicitor would charge.

 

I have attached some information below that might help.

 

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.pdf

 

The Bill of costs below is one I prepared for a Summary Judgment I took out against a bank.

 

Bill of costs for forum.pdf

 

There has been a change in the CPR and you are now entitled to claim £18.00 an hour for your time and I think up to £90.00 a day for any time lost from work. I will find the CPR for you as some Judges appear not to know that this has increased.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?326152-***Change-to-Litigant-in-Person-Rates***&highlight=Litigant+in+Person+-+costs+increased

 

Post # 1 in the above link is the announcement - post # 3 gives you the CPR number to quote.

 

HTH

[slick132]

Hi DCAH,

 

In the Notice giving the hearing date, was anything said about submitting evidence, skeleton argument, defence, etc.

 

[slick132]

Hi DCAH,

 

Good luck tomorrow and let us know how it goes.

 

[DCAHell]

Thanks for the support just got back and court ruled on favour of Bannatynes. They kindly in there words reduced the amount by 40% which takes it to 405.36 which is £10 less than there original claim. The judge ruled in there favour as no evidence to support my claim I was advised of 14 day cooling off period or that I handed on a cancellation form. I handed Bannatynes my costs which are about £876. I don't know what to do now the court said I could issue a claim against them for my costs.

 

Any advise would be greatly appreciated as I firmly believe I owe them nothing and I definately cannot afford to pay them that within 14 days nor can I afford a ccj on my record for another 6 years. Can anyone guide me further please? Thanks

[slick132]

Hi DCAH and I'm sorry to hear it went against you.

 

As you lost the case, you are not able to claim any costs against the gym.

 

I assume no order for costs was made against you, apart from nominal costs associated with issuing the claim.

 

You have 30 days to settle the judgement amount in full and avoid the CCJ being registered against you. If you can't pay in full by then, the CCJ will be registered and remain on file for 6 years.

 

Did you say in court that you need time to pay this. If so, did the judge address the issue.

[DCAHell]

Nope I was to shocked!!! It's so unfair! Can ingest more time ? If so how???

[DCAHell]

Oh and the judge said something about 14 days to pay before its registered???? Is it 14 or 30?

[slick132]

Hi DCAH,

 

The judge may have ordered payment within 14 days but I believe you can pay within 30 days to avoid the judgement being registered.

 

If you can't pay in full within 30 days, the CCJ will be entered on the Register of Judgements, Orders and Fines and remain there for 6 years. However, once the CCJ is paid in full, you can get the register entry altered to show the CCJ as "Satisfied", on payment of a fee and providing proof that the debt is settled.

 

If nothing was agreed about instalments (because you can't pay it in full within 14 days), you should contact the court. They will need a Form N245.

 

These two links should tell you what you need :-

 

http://hmctsformfinder.direct.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=175

 

http://hmctsformfinder.direct.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=237

Edited August 4, 2012 by slick132
typo

[DCAHell]

Ok no problem i will do this tomorrow. By doing this do you think i can suspend the CCJ for time to pay for about 6 months, so the ccj does not get registered?

[slick132]

Hi DCAH,

 

You need to read my last post again as you've misunderstood what I said.

 

If you don't pay the full amount with 30 days of the court's judgement against you, the CCJ will be entered onto the Register.

 

If you can't pay the amount within 14 days as ordered by the court, you need to apply for time to pay the amount in instalments using a Form N245.