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    • By the way, please will you send a subject access request to Halfords and make sure you asked them for call recordings as well as any of the details that you input in respect to your tyre order and any other personal data which they hold on you in any form. Get this letter off to them by email tomorrow and confirm in writing.   I suggest that you send the letter for the attention of Andrea Botha | Executive Contact Manager who will be aware of this situation.   https://uk.linkedin.com/in/andrea-botha-96b565143   I've written to her again and suggested that maybe she doublecheck the situation because of my understanding what you say is correct, then I think that she must badly have misunderstood the circumstances of this. Once again, I understand that you input the details of a Kia and Halfords recommended tyres fit for a BMW. They only informed you of this error after the tyre fitting had been booked. Your initial contact with Halfords after this resulted in a promise to reimburse you and it was only a subsequent contact with another customer services person that they renege on the promise. Is that correct?
    • We ended up with years of Thatcherism last time Labour went off the rails Loony Left - and Foot was nowhere near as loony as Corbyn lunacy   Thanks God the Libdems are better positioned today.   Looooooonnnnggg Past time some of the major unions and sane MP's split. They are almost certain to lose their seats and the country anyway, and union power will be trashed even further under the Johnson/ERG deregulation plans. and Corbyn will still not resign ...
    • Okay. We are very happy to help you get your money back. If you have the evidence that I have indicated then there is absolutely no problem and frankly I don't know why Halfords seems to be prepared to cause such a fuss to deny you your consumer rights and to save her company 40 quid – simply on a callout fee.  Now that I've called their attention to this thread I expect that they they will be following it. If you are prepared to issue a small claim then we will help you all the way including helping you draft your documents. Halfords will be crazy to allow this to continue – but if they decide to get personal about it then they will see you in court but the chances of them winning are negligible. It's up to you. Bringing a small claim is very easy. Your risk would be the claim fee which in this case would be £25, I think and then if they push it to a hearing about a hundred quid which when you win – if you win – you will get back. Of course we will publish the result here and show Halfords up as we have done before. It's amazing to have to go to this kind of trouble.   Once again, I just want to confirm that your case will be that you inputted all the correct details into their website and Halfords returned a particular specification to you which was incorrect. Effectively this means that they are in breach of their contractual duty to supply goods which are fit for their purpose. However, have you checked elsewhere in fact Halfords are correct and that the tyres are not fit for your vehicle. It occurs to me that maybe Halfords have told you that they're not fit for your vehicle when in fact they are. This would also put Halfords in breach but in a rather different way.  
    • @dx100uk Well my pro-rata offer is minus at the moment lol so I will look to modify it and offer the £1 token payment. Is that the right move? At the end of the day both they and I know that you can't get blood out of a stone and I am a stone currently   Thanks again sir
    • Hi, yes this is the same sort of response I keep getting about this. Yes so it asked for the registration number of the car, and this was inputted correctly. It’s then “found” the brand and type of car “Kia carens 1.6” etc and then came up with the “Recommended” list we then selected the tyres from. I have checked it since we bought them and the same tyre still comes up. In response to the lady above where we “assumed” we did assume the tyres would be correct in the list so didn’t see any need to ring to confirm if you see what I mean. We did try ringing the company but they were unwilling to provide information of supervisor. It seems like the company isn’t going to do anything about this.. 😕
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lovecoconuts

costs in the case

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Hi all,

I recently started a claim against an individual.

 

 

His solicitor wrote to me this week advising me that they are willing to settle the case

and pay me in full

 

 

at the same time have asked me to agree to an order for "costs in the case".

 

 

I do not know what this means.

 

 

Could someone please help me?

 

 

Is this something I should agree to?

 

 

Thank you for any help you can provide.

 

 

kind regards Nigel

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Did it say either parTy bear their own costs??

 

What was the value of the claim??

Edited by obiter dictum

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The value for the claim is £1000. It just says the would like an extension to prepare their defence and costs in the case. Nothing else.

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Costs in the Case/Costs in the Application. These type of orders are usually made at interim hearings and mean that the party entitled to costs at the end of the trial will be entitled to the costs of this part of the proceedings.

 

 

My understanding from what you have said is that whilst they are looking to settle, they are also looking to you to pay their legal costs ! I would think as this is a small claim, then there would be no costs order made if it were to go to a hearing. But I will ask for you.

 

I have asked someone from the site team to look in and advise what you should do about this. So hold tight for a while.


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Costs in the case means the losing party pays.

 

Now I'm a little rusty on small claims court but it used to be that the winning party could claim fixed costs (court fees, travel expenses, expert reports) but not solicitors costs (with a few exceptions i.e. unreasonableness).

 

Was the offer to settle "without prejudice".

 

Can you tell us a little more about your claim.

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hello goodatresearch,

 

Yes the offer to settle is without prejudice.

 

my claim is that I paid for treatment that I did not have to pay for, on the understanding that I would be reimbursed. However, when I made a claim for reimbursement, the defendant changed his story and said that my treatment was private. I have evidence against him proving my case which is why I believe they want to settle. I started the small claims to get my money back after many unsuccessful attempts at reaching an agreement with him.

 

So the letter states that the defendants' solicitors are looking for a resolution to this matter. A second letter says that they are agreeable to settling the claim.

 

They have requested extra time to prepare a defence, which is not a problem. The part I don't understand is that they have requested an order for "costs in the case." How does this impact the settlement? Will I be liable to paying anything?

 

I hope that clarifies things a bit more. Any help is much appreciated.

 

Thanks

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I am no legal expert but "Costs in the case" orders are applcations for costs during the case management stage. Say they applied for a summary judgement or made any application to the court. by way of a hearing in front of the judge. The solicitor would claim costs for his services by presenting a costs order to the judge. But that is normally done at each individual hearing,

 

But it will be if the defendant wins will be the only way to recover those costs

 

It looks to me the "without prejudice" is an offer to agree settlement and if not acceptable they are preparing to go to trial and claim full costs if successful.

 

What you need to do is send a "Without Prejudice" letter back to the solicitor saying you are agreeable to settlement on the understanding the defendant pays all your application costs to date with a mutually agreed full and final settlement

 

 

That is the way i see it but wait for more replies as it is just my own opinion

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If they are wanting to settle, I don't understand why they need more time to prepare a defence ? I think any response from you should confirm that you are not prepared to pay their costs - either each party bears their own or you want them to pay for any you have already laid out ?

 

I have asked someone to look in on you


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Costs In The Case/Costs In The Application are types of orders that are usually made at interim hearings and mean that the party entitled to costs at the end of the trial will be entitled to the costs of this part of the proceedings. Thus a party in whose favour such an order is made will only recover costs for this hearing if they are awarded costs at the end of the trial.

 

Regards

 

Andy


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Costs in the case - win the hearing/application - other side pays he costs.

 

 

I am no legal expert but "Costs in the case" orders are applcations for costs during the case management stage. Say they applied for a summary judgement or made any application to the court. by way of a hearing in front of the judge. The solicitor would claim costs for his services by presenting a costs order to the judge. But that is normally done at each individual hearing,

 

But it will be if the defendant wins will be the only way to recover those costs

 

It looks to me the "without prejudice" is an offer to agree settlement and if not acceptable they are preparing to go to trial and claim full costs if successful.

 

What you need to do is send a "Without Prejudice" letter back to the solicitor saying you are agreeable to settlement on the understanding the defendant pays all your application costs to date with a mutually agreed full and final settlement

 

 

That is the way i see it but wait for more replies as it is just my own opinion

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hello goodatresearch,

 

Yes the offer to settle is without prejudice.

 

my claim is that I paid for treatment that I did not have to pay for, on the understanding that I would be reimbursed. However, when I made a claim for reimbursement, the defendant changed his story and said that my treatment was private. I have evidence against him proving my case which is why I believe they want to settle. I started the small claims to get my money back after many unsuccessful attempts at reaching an agreement with him.

 

So the letter states that the defendants' solicitors are looking for a resolution to this matter. A second letter says that they are agreeable to settling the claim.

 

They have requested extra time to prepare a defence, which is not a problem. The part I don't understand is that they have requested an order for "costs in the case." How does this impact the settlement? Will I be liable to paying anything?

 

I hope that clarifies things a bit more. Any help is much appreciated.

 

Thanks

 

It wouldn't be unusual for the other side to request an extension to file defence whilst negotiations are ongoing, nor would it be unusual for it to browbeat a LiP into a relatively low compromise or acceding to a demand with the threat of application for costs.

 

Without sight of the content of its correspondence I can only guess that it seeks your agreement for an extension absent which it will make application for same requesting costs in the case.

 

Posts 8 & 10 should provide you with ample information regarding 'costs in the case'

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lovecoconuts, not long ago I saw the papers in a small claim which had been argued by a LIP and a lawyer. At an interim hearing the lawyer managed to get an order for costs in case, the LIP not realizing its significance and not challenging it. At the final hearing the lawyer managed to get costs on that basis. It's a puzzle that the other side wants to file a defence. I would be very careful.

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