CuriousCat? V HSBC. re. Draft order for directions submitted with AQ..

[livelylad]

It seems to me that you just have a judge that will not entertain your request unless you make it formally and even then he may not grant it. As Michael has said an informal request can just be ignored by the judge, and from what you are saying on this thread I personally would not waste my cash trying to get a formal request. I cant see the judge being favourable to you.

[CuriousCat?]

Why do you think that Livelylad?

How can you tell?

[Michael Browne]

I haven't mentioned the costs to D&G and if I could get hold of them in time I feel doubtful that they would agree, as the person I spoke to at the court suggested get them to draw up a 'CONSENT ORDER' which costs £35.

They won't agree, waste of time.

 

If you want to make a formal application

See here:

Application for costs *UPDATED*

 

If you just want to send an informal request, see here:

Wasted Costs order

[livelylad]

I take it you spoke to a clerk at the court? If so I would not take their word as gospel Michael have provided you with the options you have. I would try the informal route as it wont cost you a penny.

[CuriousCat?]

I think I need to pay £35 for a 'stay' as there may not be time to tell D&G that I won't except their conditions and then have them send a new offer back AND then give me the money before friday. There is barely time to get my bundles in if I needed to.

[CuriousCat?]

Or the wasted costs order, do you see the problem?

[CuriousCat?]

The courts are saying you can not claim further costs once you have accepted the defendants offer.

 

The offer will be made for full and final settlement, if you agree to it, you are agreeing that, that is the end of the dispute,

The courts wont want to get involved then as the defendant has settled with the amount you agree to.

 

hope that makes sense.

 

So how do I ask for wasted costs before the claim is settled?

There isn't time.

Should I ask for a 'stay' as Lateralus suggested which involves paying £35 (non returnable anyway) so as to give enough time forD&G to take out the conditions/confidentiality and pay up, and also buying time write to the court to ask about wasted costs before the case is closed?

 

Many thanks for you time:)

[dar£n]

As Livelylad states if you have a stubborn judge ruling it will go the way he wants it to...sorry thats the way it goes.

Follow Michaels link to put in the wasted costs etc, if you get it in before settlement you may stand a chance, personally, I think in this case is a lost cause.

You could argue the facts at the hearing but I doubt it will go that far, if they offer you full settlement are you going to refuse for the sake of the wasted costs?

[lateralus]

i was under the impression you could ask for a stay (without paying) if an offer had been made and accepted - allowing time for the money to be paid out without halting the claim -

this may not be so at this point in the claim. sorry if i've unintentionally misled you

[CuriousCat?]

I was told this by the Court clerk on the phone. Who know's maybe you can.

 

Would you advise me now to pay for a 'stay' anyway to give time to actually receive a payment from D&G?

They have to take out the confidentiality bit and the bit about claiming again as I missed out 2 earlier charges from 2001, so with interest, I intend to have another go, or how would you go about wording a letter to them refusing their conditions but asking if they would just add on the afore mentioned charges to save me claiming again for them?

Sorry to sound like such a baby, but I am I'm afraid!

 

Just not sure how to play it, what to say....

[CuriousCat?]

Maybe if I sent the court bundles it would tempt them more?