Cakey Vs Paratus[GMAC] - Penalty Charges Claim - help

[AndyOrch]

What are the full contents of the letter cakey?

 

Andy

[cakey]

In preparation for the hearing, please find enclosed by way of service our client's Costs

schedule.

 

If you are in any doubt as to the above, please seek independent legal advice.

 

DEFENDANT'S STATEMENT OF COSTS

Then it breaks down the following sections:

 

Description of Fee Earners

Time Spent: (totals around 4hrs 30 minutes)

Case Management

Disbursements

I confirm that the costs estimate detailed above does not exceed those which the Defendant is

 

liable to pay in this matter.

 

 

It amounts to £2100

[cakey]

As their they are trying to have the case struck out - which I do not beleive it will - but in a worst case scenario would this apply: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45 which would limit the costs to £90ish - also surely disbursements according to this are only for: (a) the cost of obtaining –

 

(i) medical records;

 

(ii) a medical report;

 

(iii) a police report;

 

(iv) an engineer's report; or

 

(v) a search of the records of the Driver Vehicle Licensing Authority;

 

none of which apply to this type of case

[AndyOrch]

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

[cakey]

Thanks Andy that was what I originally thought the "The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses..."

 

I will be putting together a file of my notes etc for court tomorrow with all the things I will be relying on, the rulings by the FSA against GMAC/Paratus and also highlight that if there is no prospect of success surely the hundreds of other similar cases against the banks / leanding institutes should surely have also just been thrown out?

[iconoclash]

HI - only just found your thread and best wishes for the court hearing - hope it all goes okay. I too have issues with GMAC (Paratus) about misselling of a mortgage but tis with the FOS at the moment. Seems all these companies are the same in refuting everything until there is no way out for them - I really hope the courts sees what your case is and should take into account your being a litigant in person. They cant claim legal fees but can claim costs so will be ramping them up but wont get any unless they win of course, which seems very unlikely, when all those people took banks to court for refund of penalty charges they did not have to prove the banks internal processes and costs in manual interventions did they - so why would you be expected to do that.

[cakey]

Ok so back from a very hot court - its muggy today!

 

The case was scheduled to run for 1hr 30 mins but lasted 45 minutes.... the Judge asked for more info on my case... I explained about the UTCCR and how it related to this and that there was a significant imbalance in rights to me as a consumer....the Judge wrote this down and refered to it later! The solicitor for Paratus then was asked to put forward why they wanted the case striking out... they then went onto lay out about the FSA ruling and it not being relevant to my case as if this was the whole basis of my Particulars of Claim... the solicitor said this actually was a benefit to Paratus that I had bought this up and really was not in my favour - the Judge could not understand what they were trying to put forward - no matter how hard they pushed the Judge would not agree - long story short the Judge did not agree to have the case set aside "becasue it did not have any chance of success" - so it will continue to proceed - a small victory in the battle - seems like I now proceed with the war! He will issue an order, once I have that and details for the next step no doubt will need more help.

 

Moral of my story so far - don't be bullied just because someone is bigger than you.

 

Thanks to everyone who has responded thus far and for your help, much appreciated.

[iconoclash]

Hi - well done, so glad to hear that you didn't let them bully you and could make your case. It seems to me that these advocates and solicitors think that all judges will bow to them and their greater knowledge and have an attitude about them from the start - all part of the same system that we see where financial institutions 'buy' up all the legal help so that no-one else can play - thats if we even had the money in the first place - lol. oops, having a bit of whinge there - let us know how it goes forward.

I am trying to fight off a set aside with a former lender at the moment and they are trying to convince the judge that they didnt get the papers - this is their reason?! - what a joke - there must be a dozen companies at their address so me thinks I will write to them all and see if they get it.....

[welly59]

Hi Cakey,

 

I'm not sure if you're still around on the forums but I'm in a similar position as you were and I would like to know how things worked out with your case and if it is worth me pursuing too...

 

many thanks

 

Peter