Hoist Portfolio 2/? claimform - old Barclaycard 'debt' ***Claim Still Struck Out ***

[Guest]

tell the court (not the claimant) that they have not disclosed as per the order. it shld then be struck accordingly. then can submit yr costs.

[Wandsworth2015]

thanks guys, I will press ahead, patience is they key....

[AndyOrch]

thanks guys, I will press ahead, patience is they key....

 

Have you checked its been struck out?

[Wandsworth2015]

Hi Andy,

 

Based on how badly the court has dealt with the process, I was going to contact them and state the following.

 

 

The claimant has failed to disclose all documents to the defendant as per the attached order.

 

Thoughts?

[AndyOrch]

The claimant has failed to comply with the Directions (insert what they have failed to comply with )of DJ xxxxxx Order dated xxxxxxx, I therefore request that sanctions be imposed pursuant to CPR PART 3 - THE COURT’S CASE MANAGEMENT POWERS

 

Andy

 

Hi Andy,

 

Based on how badly the court has dealt with the process, I was going to contact them and state the following.

 

 

The claimant has failed to disclose all documents to the defendant as per the attached order.

 

Thoughts?

 

I thought you already had? As above

[Wandsworth2015]

I did that a month ago then received this new order giving the claimant 7 days to comply, I was going to follow up with that order stating the claimant has failed to comply with the latest order and request they progress to strike out the claim.

[AndyOrch]

Ah okay...and dont forget your costs

[Guest]

do so, before they happen to disclose and the court happens to decide to accept their lateness?

[Guest]

thinking back, remind what have they so far disclosed.

just thinking, if they have nothing further to disclose, then they may not be in breach of the order if they have already disclosed what docs/ws they intend to rely on.? just double checking.

[Wandsworth2015]

They've disclosed nothing, I've received absolutely nothing, hence why I contacted the judge to state that the claimant had failed to disclose any documentation as per the original order. the judge has now issued a further order giving 7 days to comply, that past last wednesday.

 

I have informed the judge that the claimant has failed to disclose again and requested the claim be struck out and cost awarded to me.

[martin2006]

Hopefully WW that'll be the end of it

[Guest]

They've disclosed nothing, I've received absolutely nothing, hence why I contacted the judge to state that the claimant had failed to disclose any documentation as per the original order. .

i recall now. (too many threads! )

[Wandsworth2015]

Received today, 4th November 2016.

 

Before District Judge sitting at the County Court.

 

It is ordered that:

 

1. The claim stands struck out pursuant to the order of 5 October 2016

2. No further order is necessary.

[dx100uk]

yea!!

[Wandsworth2015]

The 5th of October order states:

 

It is ordered that

 

Unless the claimant shall by 4pm on 19 October 2016 give disclosure of all documents upon which it intends to rely, including witness statements, the claim shall, without future order, be struck out and claimant shall pay the defendants costs off the claim.

 

My question is

 

The claim has now been struck out, the order of 5th October states the claimant shall pay costs. I have calculated all the hours spent from March through to today and at the current "Litigant in Person" rate of £19 per hour, that for me is a substantial amount off money and I would like to have that or at least a percentage of that refunded to me, what is the process.

 

Do I present a bill direct to the claimants solicitors and provide the court a copy ?

 

many thanks for all your help in this matter, it has been invaluable and once awarded any costs, a percentage shall be paid to CAG for services rendered.

 

Side note: Could CAG charge for ProBono assistance, if so we could include that and CAG get a direct payment?

[martin2006]

Your costs should be submitted to the claimant, via the solicitor and also serve a copy to the court for the order the award if costs as per the 5th october order.

That is how i read it to be, although i would await clarification from Andyorch first.

[AndyOrch]

As per martins post Wandsworth...try to be realistic with your figures otherwise the claimant will challenge them.

 

Andy

[Wandsworth2015]

thanks guys, I will present them, what is realistic in their eyes, I've spent 61 hours on this, which is about 900 pounds using the LiP rate.

 

Everything is logged, what are your thoughts?

[Old Cogger]

you will be lucky 61 hours????

[Wandsworth2015]

Had I been able to afford a solicitor, I'm sure it would of been achieved in a quarter of the time but for four times the cost, swings and roundabouts, 15 pages of CAG is enough for any man.

 

I feel the "claim being struck out" is probably the best reward and I'll forget about making a claim on costs, the fact this is over is a huge relief and that is the greatest reward.

[Guest]

you're entitled to some costs, as ordered. why not go for it (for the sake of a couple of letters), at a reasonable amount to start off with. can negotiate, or then decide to drop it.

[AndyOrch]

you're entitled to some costs, as ordered. why not go for it (for the sake of a couple of letters), at a reasonable amount to start off with. can negotiate, or then decide to drop it.

 

Even if its £250 for starters

[Wandsworth2015]

As always, you guys are right, I will submit and see what happens... many thanks:wink:

[Wandsworth2015]

It's the gift that keeps on giving:

 

Today I received a letter from Howard Cohen & Co, their client Hoist has instructed them to make an application to set aside the recent order striking out the claim, including an application for relief from sanctions which has been filed with court.

 

They have provided 8 points on why the order should be set aside, one of those points is that both parties did not comply with the order and were in breach, factually incorrect, I complied every step of the way and they've still not complied.

 

Do I simply sit and wait for the DJ response now?

[martin2006]

What are the 8 points raised?