Application for costs

[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

 

Sorry should have said enclosed a draft wasted costs order (with workings out)from this site

 

 

How do I stand with getting that in front of the judge since the clerk appears only to have read "no further action" from the letter?

[brownie24]

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.

 

 

GaryH

 

Would you be able to post the statement you refer to above? I am about to approach the Abbey for wasted costs and am trying to put together a letter at the moment. Your comments would be of great interest to me.

 

Thanks

 

Brownie24

[GaryH]

I don't want to post it yet as it needs some tweaking first - let me have your e-mail address by PM and I'll send it to you.

[GaryH]

The formal application has now been added to post #1.

[Laura Cooke]

Gary

 

Could you send me a copy of this statement you speak about, looks as if the Judge was happy to just accept the letter I left at Court without having to fill in any formal forms?

 

Do I let bank or their solicitors have the all the paper work in connection to my wasted costs, and would they know about about this pending court case on August 20th where the Judge as stated to claim costs I should attend this hearing and "send copies to the defendant"

[maybelline]

Have you submitted your court bundle, then the bank have settled at the last minute just before the court date?

 

Although costs are strictly limited in the small claims track, there is a provision which allows them to be awarded against a party who has "behaved unreasonably". See here for rules governing costs on the small claims track - CPR PART 27.14

 

It is therefore perfectly feasable to request that costs be awarded on the basis that the Defendant has had months to offer and arrange a settlement if it had wished to, but instead chose to rebut or ignore all attempts at meaningful dialogue, file a template defence and then an AQ, delay and frustrate whenever possible, only to finally settle at the last minute after you had been already incurred losses by way of costs of letters, stationary, bundle preparation time, etc.

 

The fact that hundreds of other claims against the same defendant's have followed the exact same path will only add weight to this as well.

 

If you wish to pursue this, draw up a breakdown of your costs/expenses in preparing your case at the "litigant in Person" rate of £9.25p/h, plus £6.75 per letter, plus any stationary. Try to particularise everything as accurately as you can, and include receipts where possible.

 

You should try requesting that these costs are included when the bank's solicitors offer to settle the claim.

 

If they refuse, which is probably likely, tell them that in that case you will apply to the court for them instead.

 

You then have two choices. You can send in a letter and make an informal request for a costs order, or you can make a formal application on an N244

 

Informal request

 

This method is much less hassle than the formal method. Basically when your claim is settled you just submit the letter with the draft order and schedule of costs and request that the judge considers it. He may order it, he may not - however it goes you haven't lost anything so its worth a try.

 

We have had some success using this method (see posts below), but most judges don't seem to want to consider it without a proper application.

 

If you want to go the informal route, here's a letter you should send to the court, along with the attachments which are linked. It also doubles as a "claim settled" letter -

 

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

 

 

Formal application on N244

 

You are far more likely to be successful by making a proper application. However, it will cost you £35 and you may get called to an application hearing.

 

Below is the application I submitted. I asked for the order to be granted without a hearing, but the judge decided a hearing was necessary and I have a court date on the 20th June. Of course SC&M may well settle beforehand, especially seeing as they were ordered to reply to the application by 15th May, as per the draft order, which they obviously haven't!

 

You need an N244 -

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

Fill it out like this -

 

Here'e the suggested Part C statement;

 

 

PLEASE NOTE: The blue parts are EXAMPLES only and may not apply to your claim. If not, replace them with your own information if possible which documents examples of unreasonable or uncooperative behaviour in your own particular claim. Keep it concise and to the point, and maintain the chronogical order of events.

 

Draft Order to attach;

 

All you need then is your schedule of costs - plus you should also file a nitice of discontinuance at the same time. There's one here -

 

Notice of discontinuance

 

Take 3 copies of everything to the court along with the £35 fee. As I understand it the court will serve the application to the defendant, but its worth checking that this is definately the case. If not, take a copy back and serve it yourself.

 

If you use this, it would be helpful if you could post what response you get from the court. Cheers.

 

this is being used against me by GE for calling them GE Money Ltd instead of GE Money Servicing Ltd!!

[PKea]

I have got an Application hearing today following an informal request for costs.

I am in court agianst Barclays and Halifax, both set for the same time

Has anyone got info on what may happen?

I am presuming it is to run through my costs and why I feel they should be awarded,

I have posted on these threads, but have had no response

 

http://www.consumeractiongroup.co.uk/forum/general/103917-application-costs-hearing-tuesday.html#post985660

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94734-wasted-costs-beginning.html#post872860

 

Any help would be appreciated

 

P

[GaryH]

You'll have to pursuade the judge that the other side has acted unreasonably and that costs should be awarded. Send me an e-mail address and I'll let you have some 'case notes' from my hearing along with a nice selection of abuse orders.

 

Also take with you everything linked from post #1 as evidence.

[maybelline]

Gary, I have a hearing with GE and they have counterclaimed for their costs, it is small claims track, I was fee exempt on disability but they want costs for wasted time and unreasonable claim, it is unfair charges and I believe likely to succeed, though they think not. must I put in something to say I dont want to pay their costs or just wait for the judge to decide on the day?

[christinajanep]

i didnt think the other side could claim costs when its on the small claims track.... am i wrong:confused:

[maybelline]

neither did I! but they seem to get away with it, hasnt another Cagger just been to court yesterday and has to pay the travel expenses of the other side at a prehearing!

 

my sister has been whacked for this twice now:(

[witchywarloc]

I have got an Application hearing today following an informal request for costs.

 

I am presuming it is to run through my costs and why I feel they should be awarded,

I have posted on these threads, but have had no response

 

http://www.consumeractiongroup.co.uk/forum/general/103917-application-costs-hearing-tuesday.html#post985660

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94734-wasted-costs-beginning.html#post872860

 

Any help would be appreciated

 

 

 

P

 

Any update ?

 

I am in front of the judge on Thurs

 

an allocation hearing to deal witih (a) allocation and (b) question of costs - The court may summarily assess the costs at the allocation hearing if time permits

 

I sent a draft wasted costs order and pushed for the judge to see it (court admin wouldnt put it in front of him) I had paid my £100 allocation fee and insisted he see it.

 

i am taking the spreadsheet of settled claim and hope this will be enought to convince him to order the costs

 

will update when i have been to court

[PKea]

I have posted what happened here

 

http://www.consumeractiongroup.co.uk/forum/general/103917-application-costs-hearing-tuesday.html#post985660

 

But basically the judge didn't award costs to me or the banks, as he believed the banks have a right to settle the case at any time they see fit on the basis of commercial reasoning and costs

 

Also Like to thank GaryH for his input and docs this morning, which i needed as it turned into a full hearing

[witchywarloc]

Well

 

Went to court today

 

Was called in to the Judge who handed me a letter and said SC&M wont be attending.

(Letter basically said we have settled and as far as we are concerned its the end of the matter then went on about not wanting to upset the court).

 

He then said "You want your costs!"

I replied please Sir and he said YES

 

I had to do a retake and mumbled about them being vexacious defendants to which he replied its allocated to fast track and you now send them your bill for costs with my order - if they dont agree then you need to start assessment proceedings

 

 

So i need to add the costs for todays preparation and attendance etc when they settled they didnt pay allocation fee so will add that and then send the amended costs with the order

 

 

Think the letter from SC&M had really ****ed him off

[loonpants]

Would the other side have to do the same to claim costs? They've sent me an offer letter with a charge for an application to strike out they made for 265 quid. I've also applied to strike them out (and the order has been agreed) so does anyone know if i can charge THEM 265 quid for my strike out application, just to cancel it out?

[hayesharry]

can any one help me on the following 2 issues:-

 

1) list of settled cases for your bank taken from our litigation section (best entered into a spreadsheet) - just list the claim number and the bank and amount settled.

 

a link to a list of won cases on wasted cost order would be very helpful.

 

2) in the application letter, case name, what is case name ?.

i can only identify case no.

 

harry

[hayesharry]

please help the above

 

please please

[maybelline]

not sure but guessing it would be, hayesharry v whateverbank' ?

[maybelline]

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

 

one of these letters might do it.

[azucar]

Hi Iposted this in my thread but think it's more relevant here!

 

I was wondering if someone could help me? I'm trying to put together all the documents I need for my wasted costs order. I've been to the litigation section to get a copy of all the cases that were settled. I clicked the claim number, bank and sum claimed columns but the spreadsheet won't show the amounts in full. It just gives the first few numbers of the amount claimed.

 

Also, it says there are only 210 cases but I was checking out another thread somewhere and they had a list of over 500 cases.

 

Can anyone tell me how else I can get a list of cases settled by Llyods to add to my order?

 

Thanks!

[azucar]

*bump*

[maybelline]

I am in court soon (PM me to know more info)next week

 

my N1 has the sentence about plus costs as the court sees fit under s69 - is this enough to ask for my costs if I prepare them to take with me?

 

(this question now redundant as settled)