Hoist/Cohen - Claimform old Cahoot flexi loan from 2001***Claim Discontinued***

[andydd]

Was it not on small track or did it not reach allocation ?

 

I would of thought at only £18ph a few hours either way arnt going to make any difference, in my experience as a LiP you can claim for a lot more time than solicitor could, i.e 5 hours research etc. I once claimed about £400 for quite a simple case but the Judge used the LiP can only get max 3/4 of what a solicitor would get rule, so ended up with just under £300 I recall.

[obiter dictum]

My own management time to deal wth the claim, research on case law, drafting a defence, even to the extent of car parking fees

 

I did ask for £200, they came back with £80.00, we settled on £125.00

 

I was told at the time i could claim no more than a third what a solicitor would charge

 

I was happy anyway with the pleasure of a DCA paying me

[billyrayvalentine]

I am going for circa £700, fast track. They bailed near hearing fee payment.

 

The law is for LIPs, that you can get 2/3 or what a solicitor would get plus disbursements.

 

Just unsure whether to include the cost form processing fees at the end?

[Ganymede]

If a claimant discontinued a claim, are LIP costs recoverable for completing cost/assessment forms (n522 form etc)?

 

Or do costs cease as soon as a notice of discontinuance is received?

 

What form are you referring to when you say costs assessment?

 

Do you mean applying for detailed assessment?

[Old Cogger]

£19.00 per hr these days

[AndyOrch]

If a claimant discontinued a claim, are LIP costs recoverable for completing cost/assessment forms (n522 form etc)?

 

Or do costs cease as soon as a notice of discontinuance is received?

 

Is this in connection to your main thread Billy ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?441250-Hoist-Cohen-Claimform-old-Cahoot-loan-from-2001/page7

 

Regards

 

Andy

[billyrayvalentine]

What form are you referring to when you say costs assessment?

 

Do you mean applying for detailed assessment?

 

I mean N252 form, bill of costs invoicing etc?

[Ganymede]

I mean N252 form, bill of costs invoicing etc?

 

That is to apply for detailed assessment of costs.

 

Why would you be doing this in your case?

[billyrayvalentine]

£19.00 per hr these days

 

Yes up from £9.25, and £18 recently

[billyrayvalentine]

That is to apply for detailed assessment of costs.

 

Why would you be doing this in your case?

 

This is standard process to recover the costs from the other parties legal counsel. You have to serve them with this.

[obiter dictum]

I would be very wary of telling Ganymede the court process. I have learnt a lot form that individual

 

If i can give some advice it will be to check again as you will probably be in error, and Ganymede is seldom in error

[AndyOrch]

Wasted costs on Discontinuance of claim in the Fast track is applied under a wasted costs order pursuant to CPR 38.6 & CPR 44.9.

 

Regards

 

Andy

[billyrayvalentine]

I would be very wary of telling Ganymede the court process. I have learnt a lot form that individual

 

If i can give some advice it will be to check again as you will probably be in error, and Ganymede is seldom in error

 

https://www.gov.uk/assess-approve-court-costs

[billyrayvalentine]

*** Update - Discontinuance***

 

The Claimants solicitor sent me a "notice of discontinuance".

 

I doubled checked with the court to see if this was official. They said it was. So more or less case closed. The court confirmed that there is nothing more to do on my side and that they dont issue anything official to me.

 

 

Things I learnt:

 

Always meet you deadlines, eg comply with court directions and prove it with recorded delivery

Never assume anything, unless the court tells you

Don't always believe what you read on these forums, as there is some misinformation out there, best to double check

Keep a spreadsheet timeline, and update it along the way

The court doesn't really value letters, they prefer an official form + fee, where applicable

Never sign anything from the otherside, unless its crucial, as often they are trying to hoodwink you

Good policy to call the court once a week for an update.

[AndyOrch]

Excellent Billy...delighted for you

 

Wasted costs now....Wasted costs on Discontinuance of claim in the Fast track is applied under a wasted costs order pursuant to CPR 38.6 & CPR 44.9.

 

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

[obiter dictum]

Can i just ask

 

You have yet to be awarded costs from the court to claim??

 

You are asking for costs because none have been awarded yet by the court as the claimant withdrew their action.

 

Have you yet asked the claimant to pay your management costs by mutual consent prior to litigation??

 

Or am i barking up the wrong tree

[AndyOrch]

You apply for a wasted costs order.You can approach the claimant informally first though and try to agree without court intervention.

 

Andy

[obiter dictum]

You apply for a wasted costs order.You can approach the claimant informally first though and try to agree without court intervention.

 

Andy

 

That was my understanding

 

Detailed costs assessment is if you have already been awarded costs by the court and dispute those costs

 

But stand to be corrected

[AndyOrch]

Threads merged.

[billyrayvalentine]

Can i just ask

 

You have yet to be awarded costs from the court to claim??

 

You are asking for costs because none have been awarded yet by the court as the claimant withdrew their action.

 

Have you yet asked the claimant to pay your management costs by mutual consent prior to litigation??

 

Or am i barking up the wrong tree

 

I have asked for costs up and 'til discontinuance which you are allowed to do under CPR 38.6. However, if they ignore you, you have to be able to enforce this, you do this by getting a default costs certificate. To get one of these (assuming no prior objection) you need to have served a N252 form, bill of costs, and their original notice of discontinuance. If you havent done this, you cant get it. If there is some disagreement on costs etc, you have to have a detailed assessment of costs hearing.

[obiter dictum]

But did you submit a cost application to the court prior to the discontinuance??

 

I am sorry but i have yet to be convinced by your argument

 

This is handled by a wasted costs order if either side cannot reach settlement out of court

 

LIP costs are handled under CPR 48.6

 

But as always

 

stand to be corrected

Edited October 31, 2015 by obiter dictum

[billyrayvalentine]

But did you submit a cost application to the court prior to the discontinuance??

 

I am sorry but i have yet to be convinced by your argument

 

This is handled by a wasted costs order if either side cannot reach settlement out of court

 

LIP costs are handled under CPR 48.6

 

But as always

 

stand to be corrected

 

I didnt submit a cost application prior as it never went to a hearing.

 

Similar to this:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?197970-howard-cohen-help-needed-with-court-docs-**DISCONTINUED**&p=3011387&viewfull=1#post3011387

[obiter dictum]

So if you did not submit a costs application to the court before they withdrew

 

Why are you applying for a DETAILED cost assessment instead of a wasted costs order??

 

Confused.com

[billyrayvalentine]

So if you did not submit a costs application to the court before they withdrew

 

Why are you applying for a DETAILED cost assessment instead of a wasted costs order??

 

Confused.com

 

So presumably to get a wasted costs order you need to submit an application notice (n244 form), and pay the £155 fee and go to a hearing, and hope for all wasted costs to be awarded?

 

I read a few threads, with similar situations than my own, and they did what i'm doing. I am confused.com now

[AndyOrch]

I have already advised the course of action in post #142 above...if they are not in agreement to your wasted costs then you apply for a wasted costs order...it should not require a hearing.