Small claims and Fasttrack costs

[Bona]

For what its worth which is probally not much I think a erc is worth persueing if it is more than 6 weeks interest , then I believe the balance becomes a penalty charge we did not have an erc but redemption interest anyone know the difference we are trying to get then to say what it is.

 

Any way lets keep these emails the Lord Faulkner going

Bona

[Bona]

Thats not what the overridding objectives say they was a lot saying things were ment to be easier for litigants in person and thats why these rules were written lets get clarification on these points from the man himself if we all just lie back what ever we are fighting as a litigant in person will be treated badley My Hubby abd I have been to see the top man before in other departments and will do so again its only if people stop faffing around and ask why this is happening will anything done about it

Bona

[Guest Zooman]

I've been PMed by a moderator not to ask people to withdraw, and try to negotiate out of it, I think those that proceed are going to lose, when the first person loses their home when the lawyers enforce a sales order is when this site may listen.

 

I have nothing further to say on the subject, and very good luck to all involved.

[Bona]

My opionon is slowly slowly catches the monkey those who are due in court first need the help which is why I' trying to get clarification on the costs issue we have huge costs bill which has been paid we are trying to get money it reduced the High Court has made an order for it to be taxed even though our contract says we have to pay all reasonable charges this could be reduced by thousands we are asking for the mortgage companies costs to be assessed but they are refusing so we are making a further application if we win they will have to account for every penny they take from us

 

Bona

[dolly]

For those of you who don't know Zooman, he has a lot of knowledge in what he is talking about. Just wanted to point that out.

[Grapes]

I think everyone accepts that Dolly.

I also think we need to get some "out there and doing it" legal advice.

So off to get that tomorrow!

Zooman has been very helpful to me in the past and all I want to do is see how many ways to skin a cat there are before I make a move.

Need a devious legal mind to look at this, not my single litigant one!

[Guest willowb]

I understand that but we all have to be of some kind of understanding of the situation, whatever level of understanding that is. IMO the protocol in place to protect the LP is of the upmost importance but it seems that Zooman is telling us that it doesn't mean diddlysquat in the Court....please correct me if I'm wrong Zooman.

 

Wxxx

[dolly]

IMO the protocol in place to protect the LP is of the upmost importance but it seems that Zooman is telling us that it doesn't mean diddlysquat in the Court....please correct me if I'm wrong Zooman.

 

Wxxx

 

Unfortunately from what has happened in the cases so far, it would appear to mean precisely that. But I do see what you mean.

[kennyh]

I, too, am more than a little reluctant to pick up my marbles and go. BUT if we have to do that and incur costs can we at least take a leaf from Bona's book "we are trying to get money it reduced the High Court has made an order for it to be taxed even though our contract says we have to pay all reasonable charges this could be reduced by thousands we are asking for the mortgage companies costs to be assessed but they are refusing so we are making a further application if we win they will have to account for every penny they take from us."

It might make some think twice before trying to hit us with punitive costs and if one of our Mods could outline a course of action for those who

a. have not yet reached AQ, or

b. have gone through AQ and have a date, or even

c. are going hand-to-hand in court

I'm certain it would be well received.

[Bona]

Willow

Thats why i want clarification ,and to get that, we need people to email Faulkner .If we can get clarification at the highest level it will help, what have we got to loose can we set up thread for those who have emailed to put up the emails and replies so we all can take a look and progress from there, there are a lot of people reading these threads that this could make a difference what does it cost I have learnt in the last years go to the top 75% of times they will answer see you and from that things happen O,K there are some who wont mainly the boss of our motgage company but

a lot have so lets give it a try

[Bona]

Any one know the shadow chancellor if we copy all our emails to him could be interesting

Bona

[Guest willowb]

Right...here's mine (just messed about with your template Bona, hope you don't mind!)

------------------------------------------------

 

For the Attention of Lord Faulkner

 

 

 

Dear Sir,

 

I am aware that you are extremely busy but if you could spare me a moment would it be possible for you to read my concerns?

 

My concerns are for Litigants in Person when they are claiming against large corporations. I would hope, as a Litigant in Person myself that any claim I may bring to Court against any large Corporation would be dealt with fairly by the Judge prociding over the case. My main concern is the cost to the Litigant in Person. I find it disturbing that if a claim is warranted, the overwhelming burden of costs should be a deterring factor in the decision to bring the claim to Court.

 

For example, if Joe Bloggs who hasn't a penny to his name has a legitimate claim against MoneyInc for the sum of £10,000, Joe Bloggs would be liable for the costs if he loses the claim......but the fact that MoneyInc had spent XXXamount on legal firms to win the case puts the Claimant in a lose-lose situation. Even if the Judge can see the merit of the claim, MoneyInc could make it impossible for Joe Bloggs to state his case thoroughly as he has no legal training, infact he has very little education. This doesn't seem fair and reasonable to me.

 

Could you please answer the following questions:

 

 

1. Ensuring that the parties are on an equal footing, how does this apply to litigants in person?

 

 

 

2. Dealing with the case proportionate to the financial position of each party, when a litigant is in person either as the Claimant or the Defendant should the opposing side hire expensive Solicitors and Barristers and then add extortionate fees when the case is transferred from small claims to fast track?

 

Any further clarification to any other points below when it involves litigants in person would be appreciated.

 

 

 

Civil Procedure Rules Background

 

The Civil Procedure Rules are a procedural code with the overriding objective of enabling the court to deal with cases justly.

Dealing with a case justly includes, so far as is practicable -

ensuring that the parties are on an equal footing;

saving expense;

dealing with the case in ways which are proportionate -

to the amount of money involved;

to the importance of the case;

to the complexity of the issues; and

to the financial position of each party;

ensuring that it is dealt with expeditiously and fairly; and

allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases.

Background to the rules

 

The Civil Procedure Rules were introduced in 1999, and replace many of the provisions of the old Rules of the Supreme Court (RSC) and county court rules (CCR). They govern the practice and procedure to be followed in the civil division of the Court of Appeal, the High Court, and County Courts.

 

Although I appreciate you are very busy, this matter is of some importance and urgency and clarification can be e-mailed to me at *******as soon as possible.

 

Thank you.

 

Yours Sincerely ('cos you know his name!)

-------------------------------------

 

 

Ok? if yes I'll send it asap.

 

Wxxx

 

 

[Bona]

Bless you Good one willow lets hope others follow when I find out the shadow chancellor we will send them all to hi O>K

Bona

[jodyperry]

do we just need to copy this letter or will it need adjusting?

[Guest willowb]

Well, I've just emailed mine!:-|

 

Wxxx

[Bona]

alter it to suit you or in some other way a copy they will just dirsregard

Thanks for your support

Bona

[mrsfoot]

Hi sent mine off to Lord Faulkner and Local MP

[kennyh]

Any MODs or Plats had a chance to give thought to the request at #34 above. I only ask since I'm not the only one who has been advised to 'cease and desist' in a hurry!

[Guest willowb]

Well.......still no reply:rolleyes: !!!

 

Wxxx

[mrsfoot]

Had reply to my letter i sent to MP andLord Faulkener.

 

Mp has written to his legal team to ask for a complete breakdown of the issues raised and will see me with the results as soon as he has them. No reply from Faulkener