Application for costs

[toto691]

Great letter tempate link at the start of this thread..... but how can anyone include a list of ALL successfull claims of their bank in the form of a full list....?

 

Is there a current list for each bank that people can copy from? Surely people arent going into each and every thread to get the case numbers then copying them individually....!

[BARTY]

HI EVERYBODY,i am new to this site,it is my first post.i need help i want to claim excessive bank charges from the tsb.i sent a letter 40 days ago for charges going back 6 years.i sent cheque for £10,still no reply they received my letter as i have tracked it by royal mail. there is only one problem i sent letter to colmore road birmingham instead of chiswell st london,what do i do next,please help.

 

Hi

This link should help:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Good luck, and please start up your own thread, then you can ask any questions you have on there.

Barty:)

[pokerdex]

thanks for the help,where do i post my own thread.

[BARTY]

thanks for the help,where do i post my own thread.

 

Go to

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/ then click on "New Thread" in the grey/blue box, call your thread "Pokerdex V LTSB" or something similar and away you go.

Barty:)

[superbadger]

Hi

 

Here is the link to the spreadsheet I used.

 

http://www.no450forum.org.uk/misc/detailed_costs.xls

 

BTW I don't think I put the £10 charge for the SAR access fee, so you should add that too!

 

I have just recieved a letter from the court re my cost claim. My letter was similar to Gary's instructions at the beginning of the thread and included the above spreadsheet

 

However this is what the letter says (Portsmouth):

 

Your file was referred to District Judge Jolly who made the following comments:

 

"The claim having been settled, the court can vacate the 10 july 2007. No order for costs having been made on 22 march 2007, costs not being reserved, there is no basis to make any order for costs without an application being served and a hearing. If that is what Mr X wants, so be it, and the time on 22 july could be used for a costs argument. Mr X to notify the court"

 

Please notify the court by 4 may 2007

 

What does this mean ? Does it mean I have to turn up in court to discuss the costs claim ? Surely my letter should cover it . Any Ideas. I will ring the court tomorrow to see what the clerks can tell me

[GaryH]

Yes, the judge is saying if you want to pursue it you'll need an application and a hearing.

 

Up to you really, but there are hugely compelling arguments that Lloyds have behaved unreasonably, and I'd be happy to help you with them. In fact I have just submitted a formal application myself which contains a detailed statement of their unreasonable conduct which you could use if you wanted to.

 

I'll actually post it here tomorrow if I get a bit of time.

[curlychic]

Thanks for the spreadsheet

XxXxX

I am a bit confused over the response you have recieved from the Court in regard to your application for costs.

Bankfodders links and template is what i have been going by

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=11&a=84

 

I cannot understand the need for an actual hearing :? surely this is just wasting more of the courts time.

 

[superbadger]

I am confused Gary. Because I thought the letter that I sent the court, was an "application for cost". I used the letter, that you posted originally to the thread which started:

 

"I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled.

 

The Defendant paid the full amount claimed, namely £xxx, by way of a credit to my account on the xxxx. As such, no further action is necessary in respect of this claim.

 

However, in view of the circumstances around which this claim was defended and then settled5 days after the preliminary hearing. I respectfully request that the court considers this application for costs to be awarded in favour of the Claimant, pursuant to CPR 27.14(2)(g).

 

It is submitted that the Defendant has acted wholly unreasonably with regard to its conduct and litigation strategy in respect of this claim, for the reasons stated as follows....."

 

I also attached the following to my letter

 

Summary of Costs

Schedule of Preparation time Costs and Disbursements

Lincoln abuse order

List of settled cases

Copy of order made in response to an application for costs made in similar claim

Copy of Defendant solicitor’s letter dated 26th March 2007

Copy of Mullen -v- Hackney Judgement

 

I would appreciate it if you can give me further guidance. I will call the court anyway, to see what they have to say, though I doubt if the clerks will really understand!

 

 

 

[GaryH]

Yes, but what you submitted wasn't a formal application - only an informal request. A formal application would be submitted on, or attached to, form N244 with a £35 fee.

 

It was always going to be 50/50 over whether courts would accept it without a proper application notice or not. Some have, some haven't - looks like your judge is fairly strict.

[curlychic]

I am confused GaryH

Bankfodders thread in regards to wasted costs states that no fee is required and there is no mention of form N244

:? :?

[superbadger]

Thanks for clearing it up. I also note, that the "wasted costs link" also has a draft order too. BTW, I also have another letter I sent to portsmouth on a second settled case for costs. It may go before a different judge, so who knows I may be more lucky on the second.

[curlychic]

I'm glad your clear about it all ..... i am totally confused .... lol

[superbadger]

and gary, if you could post your application, I would be grateful.

 

Thanks again.

James

[superbadger]

CurlyChic. Gary is saying first try, sending the letter as detailed in this link

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

 

The judge may accept this and require nothing further.

 

However the Judge is within his/her right to ask you to make a formal application (for your costs). So more work ! New form to fill in, fee etc. You may decide it is not worth the effort. However sending in the first letter is still worth the try, it all depends on how much time your willing to devote to it.

[curlychic]

Ok .... got ya

Do forgive .... I am only a girlie .... lol

[GaryH]

CurlyChic. Gary is saying first try, sending the letter as detailed in this link

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

 

The judge may accept this and require nothing further.

 

However the Judge is within his/her right to ask you to make a formal application (for your costs). So more work ! New form to fill in, fee etc. You may decide it is not worth the effort. However sending in the first letter is still worth the try, it all depends on how much time your willing to devote to it.

Cheers. Could'nt have put it better myself.

[dazzabambra]

hi applied for costs as per the instructiolns on the site

just had a reply from ncle courts it reads

 

i write in response to your letter dated 30th april

the matter was refered to deputy district judge ward and the following comnment was made:

i refuse to allow claimant to apply for costs, he should have been in attendance at the hearing of 18th jan 2007 to ask for them.

the court has settled your case aqnd takes no further action

 

!!!!!?

i informed the court before the hearing that lloyds had settled and made no claim for travelling or court attendance .

i only claimed for letters postage ect /!!!

[dj_jaimej]

are we able to apply for costs with the initial court claim?

 

or is it better to wait until we have won, otherwise lloyds may submit a defence to argue that amount ?

[GaryH]

are we able to apply for costs with the initial court claim?

No. You've no automatic entitlement to claim costs on the small claims track - they're only available if the other party has put you to unnecessary costs by behaving unreasonably. Put in a request when they settle, but even then its at the judges discretion.

[dj_jaimej]

is it reasonable to add charges for my time in making this claim, am i entitled? surely holding off until the matter is taken to court is unreasonable and unfair on their part.

 

i pretty much lost my house and had to move back in with my parents because of unfair bank/credit card charges, i was on a wage of only £600 as an apprentice and it ended up i was having to pay out at least £300 per month in charges. i firmly believe that it was because of excessive and expensive chargies applied that i lost my home and in turn a lot of my belongings

[witchywarloc]

Can anybody help with where I stand please?

 

I notified the court that the bank had settled and attached a draft order for costs and spreadsheet.

The court only read the 1st page and have closed the claim.

 

3 times now I have rung to try to get them to put the application for costs infront of a judge

 

Today they cant find the case and they are now telling me I will need to pay a fee for the application for costs to go before a judge

[GaryH]

is it reasonable to add charges for my time in making this claim, am i entitled? surely holding off until the matter is taken to court is unreasonable and unfair on their part.

I've actually answered this question in the post above.

Can anybody help with where I stand please?

 

I notified the court that the bank had settled and attached a draft order for costs and spreadsheet.

The court only read the 1st page and have closed the claim.

 

3 times now I have rung to try to get them to put the application for costs infront of a judge

 

Today they cant find the case and they are now telling me I will need to pay a fee for the application for costs to go before a judge

Do you want to make a formal application? If so I've got a part C statement which you can use, and I can help you fill in the form.

 

Obviously the downside is that it'll cost £35 and you may be called to a hearing.

[dj_jaimej]

sorry i may have been unclear, i didnt mean about costs for wasting time, i read in another thread about adding an hourly rate for the work to the initial claim also

 

similar to lawyers fee's i'm sure i read that you are entitled to claim an hourly fee for the time you put in, and this can be added from the start - i can't find the thread now though to reference it said i think the hardest part was people not knowing how much to charge per hour, and how the number of hours would be realistic.

 

thanks gary you are being a great help

[elsinore]

This can only add weight to our claims for costs.

 

BBC NEWS | Business | Judge warns 'unreasonable' banks

 

"Looked at in the real world where there will be no trial these steps, which place completely pointless work and some anxiety on litigants in person, constitute unreasonable behaviour," said Judge Mackie.

"From now on we will generally be treating such conduct as unreasonable behaviour thus enabling any claimant who has been put to unnecessary work and inconvenience to be compensated for this."

 

Els

[GaryH]

sorry i may have been unclear, i didnt mean about costs for wasting time, i read in another thread about adding an hourly rate for the work to the initial claim also

 

similar to lawyers fee's i'm sure i read that you are entitled to claim an hourly fee for the time you put in, and this can be added from the start - i can't find the thread now though to reference it said i think the hardest part was people not knowing how much to charge per hour, and how the number of hours would be realistic.

 

thanks gary you are being a great help

No, I'm afraid that costs are not claimable on the small claims track. There is a strict no-costs rule which means that costs are not available to either party.

 

This may seem unfair, but ultimately its there to protect the little people like you and me - it means we can sue huge coorperations safe in the knowledge that we won't be bankcrupted by their costs bill if we lose.

This can only add weight to our claims for costs.

 

BBC NEWS | Business | Judge warns 'unreasonable' banks

 

"Looked at in the real world where there will be no trial these steps, which place completely pointless work and some anxiety on litigants in person, constitute unreasonable behaviour," said Judge Mackie.

"From now on we will generally be treating such conduct as unreasonable behaviour thus enabling any claimant who has been put to unnecessary work and inconvenience to be compensated for this."

 

Els

I know, its fantastic. Lets hope that the pressure keeps building.