MKDP LLP Court Claim - HSBC Credit Card***Struck Out & Costs***

[gettingthere]

Do I need a witness statement?

[AndyOrch]

You dont need a WS for this type of application (nor a schedule of costs )..the court are fully aware that they have failed to comply.

[mjt2013]

You will need a witness statement and schedule of costs. Without a witness statement there's no evidence of non-compliance.

 

The court won't know what has or hasn't been sent to you.

[AndyOrch]

The court won't know what has or hasn't been sent to you.

 

You state it within the application/draft order if necessary

[gettingthere]

We don't want to overdo the costs but we have spent at least 30 hours on this with research (up all nights on one occasion) and is LIP rate £18.00?

[AndyOrch]

I didn't advise you to claim costs in the case just the application £45...if your application is successful then you can request all your costs.

[gettingthere]

Right got it Andy - sorry misunderstood that makes it easier at moment.

[gettingthere]

One last question - do we send copy to Claimant?

[AndyOrch]

File and serve.

[gettingthere]

Thanks Andy - off it goes then.

[mjt2013]

I didn't advise you to claim costs in the case just the application £45...if your application is successful then you can request all your costs.

 

If the claim is struck out I would expect the judge to summarily assess all of the costs there and then rather than list a separate hearing, best to be prepared.

[gettingthere]

Thanks mjt.

[AndyOrch]

If the claim is struck out I would expect the judge to summarily assess all of the costs there and then rather than list a separate hearing, best to be prepared.

 

Doubt it very much considering the application is made without an hearing and its Small Claims Track

[gettingthere]

N244 sent with draft order as per your advice yesterday Andy. Will now wait and see what happens and perhaps ring court next Tuesday to make sure that they are aware of application (was posted guaranteed deilvery before 1pm today).

[AndyOrch]

Well done GT let us know what transpires.

[staytet]

If they have failed to comply with an order from the court in time I would be inclined to quote the recent Mitchell case ,it is being used to much effect lately

[gettingthere]

Can anyone elaborate as to what this case is please?

[AndyOrch]

http://m.kennedys-law.com/casereview/mitchellconfirmed/

 

Regards

 

Andy

[gettingthere]

Thanks Andy & Staytet

[gettingthere]

Rang court today who then rang us back this afternoon. The DJ has looked at our application and it will be now be heard before the hearing on Thursday. We still have heard nothing from the claimant.

 

Any further advice for us before the hearing?

[staytet]

Hi , I would really go for the jugular tomorrow , Andy has provided an excellent link on the Mitchell case , it is down to their total disregard towards the courts previous orders and their failure to comply that has left you in a prejudiced position , And as a company employing numerous staff you would expect them to be able to furnish you with the documents they seek to rely on , whereas you as a litigant in person have been put in an unfair position due to them not abiding with the previous order .

[gettingthere]

Thanks for all the help over the last 9 and a half months. I don't think we would have got to this stage without CAG.

 

Off to court we go,we will update thread with how we got on later!

[AndyOrch]

Best of luck GT...please update with what transpires.

 

Regards

 

Andy

[gettingthere]

Back from court (No representative from MKDP present) although they had sent email yesterday to court.

The case was struck out, we were only in about 5 minutes. The £45.00 costs were awarded for application to be paid within 14 days. The DJ said we were only entitled to costs for mileage and loss of earnings so at that point we left that as we had not worked that part of it out.

[AndyOrch]

Excellent GT.....Delighted for you.

 

Thread title amended to reflect the result.

 

Well done.

 

Regards

 

Andy