BW Legal notice - Stat Demand received - 2 Credit accounts merged ** SET a SIDE + COSTS **

[superstarjan]

Do I submit the cost in any set format, or is it a letter?

[superstarjan]

Hiya! how long does it normally take for the Court to issue a hearing date?

[citizenB]

Most courts are behind with their admin by about 5 - 10 days.. although they are usually pretty swift with the hearing dates after that.

 

I am not quite sure how you would present your request for costs. I will find out for you.

[AndyOrch]

If your application is successful then costs (fixed) will be awarded anyway with the order...did you request costs in the case within your affidavit?

 

Andy

[superstarjan]

Hi guys, I've now had my court date!

 

I've not put the costs in yet, need to get onto it this week!

 

A few questions:-

1. I've had a Notice of Acting, does that mean that they are going to turn up at Court?

2. I've still not had my bundle back from the Court, will it come together with what the other side produce?

3. HBOS have sent a letter regarding the SAR, saying that I need to phone them so that they can confirm it is definitely me, as they can't identify me, do I phone them?

[citizenB]

Hi guys, I've now had my court date!

 

I've not put the costs in yet, need to get onto it this week!

 

A few questions:-

1. I've had a Notice of Acting, does that mean that they are going to turn up at Court?

 

Possible a change of solicitor or they are perhaps using a local firm.

 

2. I've still not had my bundle back from the Court, will it come together with what the other side produce?

 

Not quite sure what you mean.. you should have kept a bundle for yourself... 3 copies.. one for you, one for the court and one for the opposition.

 

3. HBOS have sent a letter regarding the SAR, saying that I need to phone them so that they can confirm it is definitely me, as they can't identify me, do I phone them?

 

Yes, telephone them regarding the Subject Access Request. But that is all you speak to them about... they will probably just go through a few security questions with you.

[superstarjan]

Yes, I thought that too citizen, but when I went to court, he insisted that I need to leave all 3 bundles and that they will be returned to me via post.

[Ganymede]

Yes, I thought that too citizen, but when I went to court, he insisted that I need to leave all 3 bundles and that they will be returned to me via post.

 

 

One bundle for the judge, one for the witness box and one for the Defendant. The bundles will be returned to you after the hearing.

[superstarjan]

After the hearing??? I need it for the hearing!!!

[1penny]

You should have received your bundle in the post at the same time as being notified of your hearing date ? It is always best to take an extra copy of these things for yourself, just to be on the safe side.

 

 

Might be worth calling the court to ask them if they have sent.

[The Mould]

Yes, I thought that too citizen, but when I went to court, he insisted that I need to leave all 3 bundles and that they will be returned to me via post.

 

Wrong. Court staff are not legally trained and they are forbidden from providing you or any litigant acting in person with legal advice. You file one bundle for Court, serve one bundle on the Claimant and retain one bundle for yourself to refer to and rely upon .

 

Kind regards

 

The Mould

[superstarjan]

Thanks guys, I will phone the court first thing tomorrow!

 

I'm really annoyed though, because I asked him for it back and he said no, they need to keep it, I asked for it again and I said that I'm sure that I have to take my copy with me now, as I recall doing that last time and he said that I definitely can't take it, as they need to stamp it and then they will send it back to me through the post.

 

Incidentally, when will I receive the other side's witness statement?

[superstarjan]

Right, update, I phoned the court and they are sending me copies of the bundle (not received them yet though) which I should've been allowed to take home, but wasn't!

 

I have received nothing in response from the other side, neither has the court. So all I need to do now is submit the costs (hearing is next tuesday) do I just write an invoice and get it to them before Monday?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?405480-SD-BW-lowells-**SET-ASIDE**-Judge-none-to-happy-they-had-NO-CCA!!(2-Viewing)-nbsp

 

 

http://www.consumeractiongroup.co.uk...holding-NO-CCA!!

 

dx

[The Mould]

Right, update, I phoned the court and they are sending me copies of the bundle (not received them yet though) which I should've been allowed to take home, but wasn't!

 

I have received nothing in response from the other side, neither has the court. So all I need to do now is submit the costs (hearing is next tuesday) do I just write an invoice and get it to them before Monday?

 

 

You ought to have retained your bundle, it is clear to me that you know this, so, relax on this point, you have your copy right?

 

 

Submit your cost as an invoice, to include all correspondence with the Claimant and attendance with him as regards this case, to include - emails, telephone calls, faxes and any letters that youn have sent him and any response from him in respect of any of foregoing.

 

I hope the foregoing is of some help to you.

 

Kind regards

 

The Mould

[superstarjan]

Thanks The M! The bundle is in the post, I do have electronic versions of it, if it doesn't arrive before tue!

 

Thanks for your advice, is it just correspondence with lowells that I need to include, or to HBOS and the many other DCA's too?

[superstarjan]

ok guys, please can you check over this and let me know if it's ok?

 

Costs For set aside Application Case No xxx

Court xxx

Rate Claimed Litigant in Person rate of £9.25 / hour

Travelling Costs HMRC Approved Mileage Rate of 40p / mile

 

1) Time spent identifying and understanding relevant legislation.

Time spent identifying and understanding relevant case law.

Time spent preparing affidavit and skeleton argument.

 

18 hours £166.50

 

2) Time spent communicating with Respondent and swearing affidavit

 

2 hours £ 18.50

 

3) Loss of day’s wages for attending court on xxx £ 80.00

 

4) Travelling costs for return journey to court 2 x 20 miles £ 16.00

 

Total £281.00

 

Notes

 

Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £170/hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner

[mjt2013]

I think the hourly rate is now £19.00 per hour. Can someone else confirm?

[unclebulgaria67]

I think the hourly rate is now £19.00 per hour. Can someone else confirm?

 

£18 per hour. It increased to £18 during 2011.

[The Mould]

ok guys, please can you check over this and let me know if it's ok?

 

Costs For set aside Application Case No xxx

Court xxx

Rate Claimed Litigant in Person rate of £9.25 / hour

Travelling Costs HMRC Approved Mileage Rate of 40p / mile

 

1) Time spent identifying and understanding relevant legislation.

Time spent identifying and understanding relevant case law.

Time spent preparing affidavit and skeleton argument.

 

18 hours £166.50

 

2) Time spent communicating with Respondent and swearing affidavit

 

2 hours £ 18.50

 

3) Loss of day’s wages for attending court on xxx £ 80.00

 

4) Travelling costs for return journey to court 2 x 20 miles £ 16.00

 

Total £281.00

 

Notes

 

Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £170/hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner

 

 

My understanding is that an untrained litigant acting in person rates are now £18 per hr, soooooooooo, amend your claimed costs in this matter to reflect these new rates that you are entitled to..

Kind regards

The Mould

[The Mould]

Uncle beat me to the facts.

 

 

Godzilla Uncle.

 

 

Kind regards

 

 

The Mould

[superstarjan]

oh, thanks guys

[superstarjan]

Hoping I can get some quick advice so I don't make a daft mistake again!

 

I'm off to court with to lodge the costs ready for next week's hearing.

1.How many copies do I need?

2.Is this in the correct format:-

Costs For set aside Application Case No xxx

Court xxx

Rate Claimed Litigant in Person rate of £18.00 / hour

Travelling Costs HMRC Approved Mileage Rate of 40p / mile

 

1) Time spent identifying and understanding relevant legislation.

Time spent identifying and understanding relevant case law.

Time spent preparing affidavit and skeleton argument.

 

18 hours £324.00

2) Time spent communicating with Respondent and swearing affidavit

 

2 hours £ 36.00

 

3) Loss of day’s wages for attending court on 17.12.13 £ 80.00

 

4) Traveling costs for return journey to court 2 x 20 miles £ 16.00

 

Total £456.00

 

Notes

 

Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £170/hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner

[citizenB]

Sorry stan, looks like your S>O.S was missed.

 

 

You need 3 copies, one for you, one for the court and one for the opposition. You could post the oppositions to them.

[superstarjan]

thanks citizen