claim for my time wasted? stress?

[Muffintop]

No woz choc mate, Iv sent mine off as Iv exhausted my own claims.. almost disappointed I have nothing else to fight for, but taking on my partners now so should keep me busy for a while. I will let you know the response I get and when I next file a claim will add the wasted costs B4 instead of after.

[noomill060]

Go here for template wasted costs order and reasoning behind it:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

[noomill060]

Yes you can claim after they settle.

[Muffintop]

noomill, thanks for your response, I have read this wasted costs templates by bf over and over but cant see where it catagorically states you can claim once the claim is settled. My rational side tells me that once you have settled a claim then you cant reserect it and ask for costs as its done and dusted. If however I had said Im not settling the claim until you pay my wasted costs then I would have stood a chance. Think of criminal law, if someone is cleared of a conviction in court then thats it. If you know different pleeeeeze point me to the actual bit of that information that says you can infact claim once the case is settled so I have some ammo.

[noomill060]

skeggs-

 

You would be asking a Court to go along with the information you supply in your wasted costs order.

 

It would be up to a Court to agree or disagree, its not for thee or me to decide either way.

 

They have abused the justice system, messed the Court about and wasted the Court's time as well as your own.

 

All you can do is ask.

 

They will either agree or disagree. It doesnt cost owt or put you at any risk of further costs.

[smartmartian10]

I sent my letter to the court to confirm case settled with the draft and text from the Wasted Costs order

 

Rang Northampton Court earlier today and the case is now listed as settled as my letter of the 25MAY.

 

But when I asked the woman on the phone if there was any news on my request for costs it was like I had started speaking Russian! She hadn't a clue what I was talking about and said it sounded like I needed to start a new claim! So politely said thanks and bye. If I get no responce in the post this weekend I think another letter to the court is required.

[chocolatte]

I sent my letter to the court to confirm case settled with the draft and text from the Wasted Costs order

 

Rang Northampton Court earlier today and the case is now listed as settled as my letter of the 25MAY.

 

But when I asked the woman on the phone if there was any news on my request for costs it was like I had started speaking Russian! She hadn't a clue what I was talking about and said it sounded like I needed to start a new claim! So politely said thanks and bye. If I get no responce in the post this weekend I think another letter to the court is required.

 

I sent a request for wasted costs and they sent me an Extract of Dismissal finding no costs from or for either party. I am assuming that's that. Should be ready to apply for it sooner next time.

Although it does say that you have 14days after the judgement to apply, but obviously the Sheriff didn't think time wasted from my life which should have been spent with my son wasn't worth a penny!

[Muffintop]

thanks for keeping us up to date on this, not as easy as it appeared. Iv had no reply from the court either..... next time I will apply before I settle the case. blast!

[smartmartian10]

Well that's where I am confused skeggs, I sent my request for costs with the letter to the court confirming settlement, as the advice on here.

 

Anyway have nothing to lose but a stamp so will send a reminder to Northampton. I am wondering if, as they are so busy, the courts just want the cases off the books and no more time tied up with further orders???

[Muffintop]

I guess it may be incorrect advise. like you say the only thing Iv lost is the time it took me to do. Next time I will do it before I finalise the claim. skeggsy

[dar£n]

Anyone who is trying to claim costs AFTER they have settled are going to find it very difficult if not impossible.

The judges do not want to know, once you have settled thats it "job done" "case closed" as far as theyre concerned,

You have stated that Barclays have settled in full and you agreed to it.

 

Claims for costs have to be done on the day of the hearing and even then are at the discretion of the judge, if no hearing then they should be claimed when negotiating.

 

The best you can do now is put in claims for wasted court time, which obv wont help you but will help future claimants in making the judges throughout the land become aware that theyre taking the piddle.

 

Please note, this is my opinion on this topic, if you claim and get it back then fair play to you and I genuinely hope that everyone does, but realistically?........

[noomill060]

Yes, dar£in is correct.

 

Bankfodder's stickie about Wasted Costs Orders does not make it clear that these should be made AFTER you have recieved settlement but BEFORE you withdraw your claim.

[notlam]

You could claim from the Financial Ombudsman Service, as I did. I got £250 on top of the settlement from Lloyds TSB.

 

Here's what I put on the FOS form downloaded from here Financial Ombudsman Service.

 

complaint form

 

Claim Number XXXXXXXX was issued in XXXXXXX County Court on XXXXXX 2006.

Judgement was obtained and issued on XXXXXXXX 2006 and the defendant (Lloyds TSB) was order to repay the money unlawfully taken from my account, plus interest, plus court costs.

 

details about your complaint

Please list in date order all the letters, phone calls or meetings that are relevant to your complaint.

This may take you a little time, but it will help to ensure the facts are set out as clearly as possible.

 

From XXXX 2000 to XXXXX 2006 I held an account with Lloyds TSB. Repeatedly throughout the period, on XX separate occasions, LTSB made unlawful charges to my account. After I complained to LTSB, about the unfair level of charges, LTSB removed my overdraft facility and increased the interest rate. Despite numerous time-consuming letters and phone calls to LTSB my request a refund was refused. This constant embarrassing and on-going situation over so many years was the cause of considerable distress and worry. When in April this year the OFT declared that such charges were indeed unlawful, I decided to take the matter up once again with LTSB. I again wrote letters repeatedly asking for a refund of the charges and each time the request was refused. I explained that I would be willing to consider a fair and reasonable offer to settle the dispute; I did not want to have to face the trauma of a court hearing. Yet still LTSB refused. So I had to amass a file of supporting documents (197 page report) in order to be ready to present my case to the court hearing. I could not afford a solicitor, so I had to prepare my own case and familiarise myself with court procedures. I bought a book and CD and spent approximately 14 hours researching my legal position because I wanted to be sure that I could stand up in court and explain myself logically and coherently. I also visited the County Court on one occasion to gain experience of the environment. During all this time I was under considerable distress worrying about the ultimate prospect of a court hearing.

 

12/02/06 - Letter to LTSB to complain about unfair charges amounting to £1,515.00 over a six year period.

17/02/06 - Reply from LTSB - removing my overdraft facility and increasing the rate of interest charged.

27/02/06 - Reply from LTSB - refund refused.

06/06/06 - Letter to LTSB to request refund, in light of OFT statement (April 2005, unfair bank charges).

08/06/06 - Reply from LTSB - refund refused. Final response.

10/06/06 - Letter to LTSB requesting list of all charges.

21/06/06 - Letter to LTSB - request refund.

28/06/06 - Reply from LTSB - agreeing to provide details of charges.

15/07/06 - Letter to LTSB - claiming £3,355.68 in charges and interest.

21/07/06 - Reply from LTSB - declining to add any further comment.

22/07/06 - Letter to LTSB - Letter before action requesting refund and interest totalling £2886.42.

27/07/06 - Reply from LTSB - enclosing copies of six years statements.

27/07/06 - Reply from LTSB - Refused to discuss any further.

22/08/06 - Claim issued in XXXXXXX County Court (ref. XXXXXXX.

25/08/06 - Letter from court giving Notice that Acknowledgement of Service Has Been Filed and informing me that

LTSB intended to defend all of the claim.

30/08/06 - Letter to HCC requesting amendment to claim.

01/09/06 - Letter from HCC enclosing form N244 to request changes.

05/09/06 - Application Notice sent to HCC to amend changes.

28/09/06 - Letter to HCC with Certificate of Service and amended Claim form.

18/10/06 - Request for Judgement sent to HCC.

19/10/06 - Judgment for Claimant awarded in my favour.

 

N.B. During the above period I was left with no choice but to change bank accounts and to cancel standing orders and direct debits and to set up new ones with a different bank. The court judgement award only covered repayment of money that was legally mine plus the interest that accrued during the six year period that it was taken from me. The award did not include any apology from Lloyds TSB, nor did it include any compensation for the distress and inconvenience caused to me during the eight month period it took me to recover my money.

[Missy06]

Notlam,

 

when did you take out your loan with Lloyds?

 

I'm putting together my Wasted Costs Order for Black Horse. The only thing is my loan wasn't a regulated one as of 2003 and so far the FOS hasn't been able to help me with 'anything' because of this.

[Missy06]

Well that's where I am confused skeggs, I sent my request for costs with the letter to the court confirming settlement, as the advice on here.

 

Anyway have nothing to lose but a stamp so will send a reminder to Northampton. I am wondering if, as they are so busy, the courts just want the cases off the books and no more time tied up with further orders???

 

Smartmartain10,

 

out of interest what happened with your Wasted Cost Order?

[smartmartian10]

Smartmartain10,

 

out of interest what happened with your Wasted Cost Order?

 

The claim via moneyclainonline my wasted costs were rejected.

 

But my second claim via local court (ie not using Moneyclaimonline) was successful.

[Missy06]

The claim via moneyclainonline my wasted costs were rejected.

 

But my second claim via local court (ie not using Moneyclaimonline) was successful.

 

Interesting!

 

Please would you mind, PMing me the breakdown of your successfully claimed costs as I've currently started the labourous task of putting my costs together before I settle my claim with Mint?

 

Did you put your application for a Wasted Costs Order in at a hearing?.....or by post through the court?

 

If the latter, had you settled the claim with the defendant before putting the WCO in?

[smartmartian10]

I settled with Barclays. Once cheque had cleared I wrote to court and advised them all settled and made a request with costs enclosed.

 

I will PM you a copy of the letter and costs build-up.

[Missy06]

I settled with Barclays. Once cheque had cleared I wrote to court and advised them all settled and made a request with costs enclosed.

 

I will PM you a copy of the letter and costs build-up.

 

Brilliant! Thanks. I'll let you all know how I get on......

[slick132]

Hi Missy,

 

It helps all if you can post things on open forum so-:

 

1) All can learn from your experiences during your claim

 

2) So peeps can keep an eye out and give best advice at all times.

 

If this is for your Mint claim, could you post details on your Mint thread (start new one if nec'y) so your claim history is kept together.

 

Good luck with the Costs claim.

 

Slick

[Missy06]

I settled with Barclays. Once cheque had cleared I wrote to court and advised them all settled and made a request with costs enclosed.

 

I will PM you a copy of the letter and costs build-up.

 

Compliments to everyone!

 

Smartmartin, could you post your WCO on the forum for us as promised? Thanks:)

[Missy06]

Just to let you know that my Wasted Costs Order was not granted by the court:evil:!

 

I got a letter from the court on 15/1/08 saying "the District Judge has decided you are only allowed to claim fixed costs on your request".

 

What I will be doing going forward is putting any wasted costs in with the new claims I'm about to put through......At least that way, the costs will be in from the beginning of the claim...........let's see how it goes!

[slick132]

Hi Missy,

 

Sorry to hear this.

 

You cannot include a WCO at the start of your claim and may prejudice the claim by so doing.

 

Read here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html