MCOL form against me- Private Individual ***Claim Dismissed***

[sfuk]

Name of the Claimant: Private Individual

 

Date of issue 20/05/2014

 

Claim for court costs.

 

Value: 616.80

 

Basically I was recovering from emergency surgery for the last day of the family hearing against my ex. (I phoned the court and sent in an email. He has managed to sting me for 616.80 for costs that i shouldnt have to pay as i'm on income support.

 

He has now issued a MCOL claim against me for costs without even asking for them to be paid.

 

I intend to appeal these costs but dont know where to start.

 

Help!!!!!

[Alloyz1]

I am sure someone will advise how best to proceed better than me. Basically you need to Acknowledge Service of the claim, then decide if you are to defend of admit, then you submit your defence (if defending as you state), then the court will send instructions on how to proceed. Make sure you stick to the timescales advised on the paperwork received.

 

In my opinion the claimant has ignored Pre-Action Conduct Practice Direction. This is the expected conduct a claimant should follow prior to making a claim.

 

Pay particular attention to 1.2 (1) & (2), all of 4.4, 6.1 (1) & (2), all of 7 and all of 8.

 

I can not comment on the merits of the case as i am not qualified and you may need to provide more info to the qualified ones on here.

 

A

[SabreSheep]

We need more info on what the debt is for etc

[sfuk]

ok reading the practice direction. I am a bit relectant to tell you what the fees compromise of other then 400ish of them is court costs and ill pay the other 200ish

[citizenB]

I will try and find someone who might be able to help. Please be aware that all those people who advise in this section have day jobs and might not be around till later on

[citizenB]

I suspect that this will likely follow the usual claim route..

 

You have a certain amount of time to acknowledge the claim and submit a defence wherein you can dispute the claim in total.

 

Can you let us know what the date of issue is.. you will find this at the top right hand corner of the claim form near the claim number

[sfuk]

thankyou everyone ill check later.

[renegadeimp]

So he didnt claim his costs on the original claim, and he's made another claim solely for his alleged costs?

[citizenB]

sf, can you answer the questions below, please

 

 

Needs further information CB ...which track ? Was he awarded costs in the case? Has he got a costs order? Was the costs incurred separate to the case IE Application hearing?

[steampowered]

Its probably easiest if you copy/paste the exact wording of the Particulars of Claim. Just round up or down the amounts and remove personal details.

[sfuk]

Sorry all in the delay in replying. I have been really ill. So here is the crack.

 

I filled in the defence stating that he was a bully and that he already had a claim he could enforce.

I also stated that I would shortly be applying for an injunction against him for harassment.

I also noted that he breached the civil procedure rules by not contacting me before commencing a claim

I also gave the other case numbers against him where he had raised claims against me without contacting me first.

 

and the result.......

 

Case dismissed - Abuse of legal process.

[Alloyz1]

Great result! Well Done

[AndyOrch]

Thread title amended.....good work sfuk.

 

Regards

 

Andy