mcuth v Co-Op pII

[mcuth]

Found a £19.50 charge on my account from the other month, so just sent the preliminary letter today

 

Cheers

Michael

[Parkvale]

You little devil, Michael.

[mcuth]

Hehehe

 

Well, I got their standard "we'll take 4 weeks to look at this" letter back on 19th May, and I've just got around to sending the LBA today....

 

Cheers

Michael

[Atlantic]

I love your style - you just don't stop!!!

 

why not add on 8% (s.69 CC) and then compound it all......that at least should bump it up a bit ;-)

[mcuth]

The response to the LBA was that they'd "need another 4 weeks" to look at the request that I've already been generous with (7 weeks! Mind, it is only £19.50 ).

 

Nothing received by today, so I took my printed claim form & cheque down to the court - outside opening hours, but they'll see it in the morning

 

That's now £49.85 they owe me (plus 1p per day, LOL) for the sake of a £19.50 charge

 

Cheers

Michael

[mcuth]

Rec'd court issued docs while I was away this week (have PM'd a mod):

 

mcuth v Co-Operative Bank PLC

Swindon County Court

Case No: 7SN02036

Charges: £19.50

Court fee: £30.00

Interest @ Issue: £0.35

Total: £49.85

 

Issued: 26/06/07

Sent: 29/06/07

Deemed served: 03/07/07

Reply by: 17/07/07

 

Cheers

Michael

[livelylad]

Hello mate.

[mcuth]

Hello mate.

 

Hello matey

OT:

Thought you were on holiday?

Must catch up soon - week after next ok (i.e. w/c 16/07)?

 

Cheers

Michael

[livelylad]

No, just finished that holiday mate. Go away on Tuesday until the 6th August.

[mcuth]

No, just finished that holiday mate. Go away on Tuesday until the 6th August.

 

Sheesh - what a jetsetter

Give me a shout when you get back then mate - Belgium should be finished at the end of next week (Go out on Tuesday for the last time, hopefully!)

 

Cheers

Michael

[mcuth]

Hmmm, been a bit slack in updating this claim really

 

Remembering that my claim was issued on 25th June, a brief precis is that the Co-Op credited my account with £19.50 on 8th July and after being reminded that court action was in progress, they credited another £30.35 on 27th July and submitted a defence that they've paid in full ().

 

However, they have not taken into account the 8% interest accruing from date of issue to settlement, so I'm being a PITA over that - it's a grand total of £0.59 as of today's date, and it's cost me more in letters/time but it's the principle that's important

 

Have today written to the court explaining this, and emphasising that the Co-Op never intended to defend the claim in full, so please can I have £50 in wasted costs because of their obstruction to settling the claim...

 

Chers

Michael

[livelylad]

Lol, I love your style Michael.

[mcuth]

Lol, I love your style Michael.

 

I thank 'ee, kind sir

bows>

 

 

Cheers

Michael

[mcuth]

Well, the Co-Op credited £0.79 my account on 13th September for the statutory interest accrued to that date. Their solicitors wrote and advised, enclosing a notice of discontinuation for signature. I didn't get around to replying to that, though I wanted to point out that I'd asked the court for a wasted costs ourder. Since then, the court took their own action and have struck out my claim on the basis that the defendant deems it settled (no mention of the wasted costs order request).

 

I suppose I could write and ask for the wasted costs order to be reconsidered, but technically it's been settled by the Co-Op crediting the statutory interest due, so I guess I might leave it at that - still contemplating though Probably best to move this to settled claims now and add the details to litigation concluded....(£50.64 total)

 

Cheers

Michael

[sallysas]

Feeling generous are you or have you got a lot on your plate at the moment. I've always enjoyed reading your threads and this seems untypical of your past style.

[mcuth]

Feeling generous are you or have you got a lot on your plate at the moment. I've always enjoyed reading your threads and this seems untypical of your past style.

 

Aye, I know - must be going soft in my old age

I am quite stacked out at present, but then this is my last claim - have now completed all the banks I've been with over recent years (though there maybe some more to go at from years ago depending on the result of the OFT test case ).

 

Think I might drop a line to the court anyway, enquiring as to whether they saw fit to consider the wasted costs request - but given that there wasn't a hearing scheduled, I'm not going to push it too much

 

Cheers

Michael

[fergal71]

Hi mccuth I sent a wasted costs order to court against barclaycard and they asked me for a £75 fee ... is this correct I thought this was free to do wasted costs?????

[mcuth]

Hi mccuth I sent a wasted costs order to court against barclaycard and they asked me for a £75 fee ... is this correct I thought this was free to do wasted costs?????

 

Writing a letter & attaching the draft order is free - though I suspect your court may be thinking that it's an "application on notice" which would incur a fee of £75 (see here). I'm not sure just what to advise you really - probably a thread in the "general" forum to ask for wider advice, but I'd ring the court in the first instance and discuss it with them (find out why they want £75, etc..)

 

HTH

 

Cheers

Michael

[FANTASY CHARGES]

EXCELLENT THREAD

 

WE STARTED looking this up under cpr 38 then it suggested cpr 44

 

PART 44 - GENERAL RULES ABOUT COSTS

[mcuth]

Think I might drop a line to the court anyway, enquiring as to whether they saw fit to consider the wasted costs request - but given that there wasn't a hearing scheduled, I'm not going to push it too much

 

Well I did this (will post a copy of the letter later on), but the Court wrote back recently (took them a month to reply to the letter) to say that a DJ considered my request and advises that it should be made on an Application with Notice to be dealt with at a hearing. As this'll cost £75, I'm not sure if I can be arsed......

 

Cheers

Michael

[mcuth]

(will post a copy of the letter later on)

 

And here it is:

I am in receipt of your General Form of Judgement or Order dated 25th September 2007, striking out the case as settled.

 

In the first instance, I apologise most sincerely for my delay in response to this Order.

 

In my letter of 22nd August 2007, I respectfully requested that the Court considered making a “Wasted Costs” order in the sum of £50.00 to recompense a rough estimate of my time and expenses in having to continue to deal with the issue without the Defendant’s co-operation. I never received a response to this request, and respectfully repeat the request in light of the information below:

• The Defendant had nearly 2 months to resolve the complaint without court action being necessary (I wrote to the Defendant on 10th May 2007 with my initial complaint, following this with a Letter Before Action on 6th June 2007, before issuing my claim on 26th June 2007), but continued to obstruct full settlement of this claim by not including court costs and interest due under s69 County Courts Act (1984) from the date of the claim. A breakdown of the partial settlements made is below:

Amount of claim at 25th June 2007: £49.85

- “Goodwill” credit of 8th July 2007: - £19.50

- “Goodwill” credit of 27th July 2007: - £30.35

+ interest to 22nd August 2007: + £0.59

Total: £0.59

 

The Defendant finally credited the sum of £0.72 to the bank account in question on 13th September 2007 to cover such interest accruing from the date of issue of the claim and thereby settling the main issue of the claim.

• Given the above, I strongly suspect that the Defendant never intended to fully defend this claim.

• Due to the Defendant’s actions in this claim, I have had to spend several hours on correspondence and incurred not inconsequential stationery costs, as outlined below (NB the letters prior to the claim issue have not been included):

- Preparing claim for issue 2.5hrs @ £10.00 per hour £25.00

- Letter to Defendant’s Solitors (19th July 2007) 0.5hrs @ £10.00 per hour £5.00

- Postage by 1st Class Post (cc’d to Defendant & Court) £1.02

- Letter to Defendant (1st August 2007) 0.5hrs @ £10.00 per hour £5.00

- Postage by 1st Class Post (cc’d to Defendant’s Solictor & Court) £1.02

- Letter to Court (22nd August 2007) 0.5hrs @ £10.00 per hour £5.00

- Postage by 1st Class Post (cc’d to Defendant’s Solictor) £0.68

- Letter to Court (26th November 2007) 0.5hrs @ £10.00 per hour £5.00

- Postage by 1st Class Post £0.34

- Estimated ½ ream of A4 printer paper (price according to PCWorld) £2.48

- Estimated ½ cartridge of black printer ink (price according to PCWorld) £6.49

-------

TOTAL £57.33

 

Many thanks

 

Yours faithfully,

 

{mcuth}

Cheers

Michael