claim for my time wasted? stress?

[darrenc781]

i've followed all the steps and received an offer of £250 of my claim for £830 plus interest i sent my letter rejecting the offer by fax and knowing how they can be i thought id phone to check it was received to avoid further stalling

amazingly they had 'lost' my fax and advised me to post it which i did ,throughout the phone call the woman i spoke to assumed that my fax was an acceptance of the offer and when i put her right she tried very hard to scare me from following the claim through as it would definitely be a full and final offer with no room for negotiation and that barclays always went to court over this type of complaint and that if it was her then she would think very carefully about rejecting this full and final offer.

 

court hmmm face ! bothered ! bring it on im going to start on barclaycard now too they must owe me a lot dpa letter is on its way

 

im wondering about what exactly i can claim for if it goes to court id have to take time off work to attend court and the whole thing is already taking up a lot of my time can this be included in the claim along with the court costs,charges and interest? maybe an hourly rate for all the hassle ive had to go through and maybe something for the worry and stress these intimidating letters they keep sending me;-)

[Muffintop]

did u win your wasted costs.... how much did u charge per letter pse

[why!!!!!!]

hi skeggs,

take a look at this thread i posted on http://www.consumeractiongroup.co.uk/forum/barclays-bank/87267-wasted-time-costs.html it might give you some idea.

claire

as per the above link these are included

There are a few ideas and successful costs threads around here are a few Barclays settling these - claim your costs

 

how much to add for my costs

Re BankFodder's new wasted costs order template

Mindzai & Lucid vs Lloyds TSB ***WON UNCONDITIONALLY WITH CONTRACTUAL INTEREST***

[Todge]

Darren

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/26172-mindzai-lucid-lloyds-tsb-15.html

 

The thread above is a good place to take a look - and well worth reading in full. It has very useful 'costs for unreasonable behaviour' info at #287 onwards.

 

Mindzai and Lucid's thread made me angry, made me laugh and made me cry in equal measure. Post #301 made me laugh out loud. Read the full thread if you have time to spare - it's a heart-warming epic, and worth every second in reading through.

 

Good luck!

[I am Up 4 this]

Hi

 

I will be issuing a claim for my "Wasted Time" as and when my claim is settled.

 

However, I have a query please, where do I obtain the following information within this quote:

 

"We enclose a copy of a General Form of Judgement or Order made by a District Judge in Lincoln for the court’s consideration, for a case in which Lloyds TSB Bank PLC was the Defendant. We also enclose a list of all cases of which we are aware in which Lloyds TSB Bank PLC are the Defendant. Every one of these cases was settled in full before a hearing.

 

Thanks in advance

[why!!!!!!]

hi

I think this is the order. http://www.consumeractiongroup.co.uk/forum/show-post/post-560862.html

hope it helps

claire

here is how to get list

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82 go here mark concluded, sort by bank and use drop down for lloyds tsb bank plc then view

[lillboy]

I Also am claiming for cost.

last week i found someone had done a list and scedule of cost i think it was an excell sheet has anyong seen this on the forum because i cannot find it now.

 

Thanks Lillboy

[Muffintop]

hi skeggs,

take a look at this thread i posted on http://www.consumeractiongroup.co.uk/forum/barclays-bank/87267-wasted-time-costs.html it might give you some idea.

claire

as per the above link these are included

There are a few ideas and successful costs threads around here are a few Barclays settling these - claim your costs

 

how much to add for my costs

Re BankFodder's new wasted costs order template

Mindzai & Lucid vs Lloyds TSB ***WON UNCONDITIONALLY WITH CONTRACTUAL INTEREST***

THANKS CHECKED IT OUT.SKEGGSY XX

[Muffintop]

I Also am claiming for cost.

last week i found someone had done a list and scedule of cost i think it was an excell sheet has anyong seen this on the forum because i cannot find it now.

 

Thanks Lillboy

LILLBOY if you find the link let us all have it thanks.skeggsyxx

[lillboy]

Skeggs

I cannot find it anywhere i am going to try a basic approach to see if it works.

G Luck with yours Lillboy

[johans]

what is a reasonable hourly rate? considering what these brief and barrister charlies charge?

 

would it be subject to what your own hourly rate at work is or in these times of money no object, for the wealthy- particularly the banks-should we be charging top dollar for our hard work?

 

i feel like woody allen!;-)

[chocolatte]

Ive just sent my letter to the courts requesting my money back for the loss of time from my life, lol

 

In the (Place) Sheriff Court

Claim Number ######

Between

 

chocolatte

And

Abbey Bank

1. 4 letters sent by 1st Class recorded delivery at £2 each to cover postage and stationary is £8

2. The total cost of preparing the document bundles for each claim in triplicate is £24.78.

- paper cost of £20.00 (500 sheets per pack)

- printer ink cost of £1.99 per cartridge x2 = £3.98

- travel cost in fuel to and from post office 1 mile each way at £0.40 per mile is £0.80.

3. Time spent in preparing letters, document bundles and case notes from start to finnish is at least 40 hours. Total at £9.25 per hour is £370.00.

4. Loss of time at court hearing, 2 hours at £9.25 per hour is £18.50.

Fuel travelling to and from court 2miles each way at £0.40 per mile is £1.60.

 

TOTAL COSTS: £422.88.

My Address

Sheriff Clerk

Sheriff Clerk's Office

Sheriff Court House

Town

 

18 May 2007

 

Dear Sir/Madam

 

chocolatte and Abbey Bank (Claim No)

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled. The Defender paid the full amount claimed, namely £1350.44.

As such, no further action is necessary in respect of this claim.

However, I believe that the Defender has behaved unreasonably in their approach to defending this claim, not least because I believe the Defender had no intention of ever defending this claim at a hearing.

I also enclose a list of all cases of which I am aware in which Abbey Bank was the Defender. Every one of these cases was settled in full before a hearing despite a defence being entered by the Defender.

Further, in relation to my claim, the Defender failed to file any documents to the court, breaching the orders made by Sheriff Officer on 24 April 2007. Again this is typical of the Defender’s approach in other cases of which I am aware.

The Defender’s unreasonable approach in defending a claim it always intended to settle has directly incurred myself unnecessary costs as outlined in the attached list of costs, and therefore I respectfully request that the Court consider awarding these costs, or such costs as it deems appropriate, as outlined in the Civil Procedure Rules 27.14(2)(g):

(2) 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, including those relating to an appeal, except – (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.

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defender to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored. A copy of this letter, with attachments, has been sent to the Defender.

Yours faithfully,

 

Think it'll work? Can only try, my brother once said to me that I should never sell myself short, and don't let anyone take your time from you because that is part of your life gone which you can never ever get back.

He's right, I could've spent the extra time doing stuff with the family instead of researching and compiling letters.

I will let you know how it all goes.

 

Thanks to everyone for your templates and advice X:-)

[Poppy07]

Hi Chocolatte! How did you get on with this? Any response as yet?

I would like to apply for wasted costs, am I write in thinking you just send an application letter, draft order, schedule of costs and list of cases to support your arguement?

Also with the schedule of costs is it just a list in excel format, stating hours, postage etc and a cost against it?

Also do you send this to the court or the banks, or both??!!!

Thanks!

xx

[chocolatte]

Hi Poppy, I sent a copy to the court and the bank as I said in my letter to the court, so hopefully should get some sort of response soon, fingers crossed. I will let you know as soon as I hear anything.

Good Luck.

[corsicanpine]

Will be interesting to hear the outcome.

 

Good luck and please do keep us posted

[chocolatte]

I received the Extract of Dismissal today from the Court, and when I phoned they said that that was it over with and if i wanted to claim costs I should have done it before the case was dismissed? So now I think I have to recall the case, I'm totally lost now???

[dar£n]

Claiming what you are is a very fine art, it needs to be done [usually] in front of the judge on the day of the hearing.

Now the problem is when the claim is settled OUT of court then obv you dont get to see the judge.

 

They are reluctant to allow these claims, purely because as far as theyre concerned its done and dusted.

[chocolatte]

Hi dar£n, so where do I go from here? Thanks X

[dar£n]

sorry even im stuck in this field you need to PM someone like:

 

BANKFODDER

http://www.consumeractiongroup.co.uk/forum/private.php?do=newpm&u=5

[chocolatte]

Thanks Dar£n, but Bankfodder doesn't have room for messages.

I will have a rummage about and see what I can find out.

[dar£n]

Yeh, ive tried a few times, he never empties his inbox.

 

try RoosterUK he is sound, youll get some good advice from him.

http://www.consumeractiongroup.co.uk/forum/private.php?do=newpm&u=7553

[Muffintop]

Chocolate we both need to know the answer to this one, mine is Nationwide, who is yours. Im rubbish at understanding how I bring this to anothers attention, but have had help from mods, rooster, milk tray man and likely lad maybe one of those could help. Karnevil is also very knowledgable. let me know if you managed to get someone to look at this thread. skeggsy

[dar£n]

After speaking to a mate who is experienced in the small claims, we are in agreement that because this never actually got to court the amount should have been claimed when negotiating the final settlement figure.

Now that you have accepted the full and final amount in respect of your claim you are no longer in a position to claim further costs in connection with the claim.

 

I really dont know if this is concrete, but I think you will struggle to get a judge to follow it up now as you have stated the issue with the defendant has been resolved.

 

anyone knows better? I will be happy to be corrected.

[Muffintop]

thanks for your thoughts, Im gonna chuck it in anywayz as it took me so long and see what comes back then will have the definate answer for nationwideons. skeggsy

[chocolatte]

I think I'm gonna let this one go as I have many more claims to process through the same court and don't wanna p-off the sheriff, but I will be sure and add my costs when I file my claim next time.

Thanks guys X