Abbey Wasted Costs Order - GRANTED

[Kerrie78]

Hi Guys. Just a quick update, i can't find my original thread so my apologies.

On May 4th i sent a Wasted Costs order to the court along with a list of settled claim numbers etc and asked for £320 approx in costs.

Today I received a letter from the Judge: (Abbreviated)

 

IT IS ORDERED THAT

 

1. The hearing listed on 8th June 2007 be vacated, the claim having been settled.

2. The Defendant do pay the Claimants costs assessed in the sum of £320.13 within 14 days of service of this order.

 

Dated 07 June 2007.

[bongobaz]

well done!!!

[clarion48]

Well done you!! Congratulations.

[tendom]

Abbey just settled with me 1 day b4 court date. I started this claim 6 months ago from the time I made the DPA request. How did u come to the £320 figure?

 

The thing is they previously paid me a goodwill gesture of £330 I was wondering whether to write to them acknowledging this and asking if I should return it or take it as compensation instead of applying for the wasted costs order? As I don't want the collections dept after me.

 

Advice would be appreciated. Thanks

[Kerrie78]

Hi Tendom.

Abbey also paid me a gesture of goodwill straight into my account mid-way through the claim. But i reduced this figure off my spreadsheet so it didn't affect the amount I was claiming. I issued my mcol last November but it wasn't until April this year that Abbey settled, so i had already prepared Court bundles etc ready for my Court Case. Along with the wasted costs letter I also sent a list of 40 cases that Abbey had settled prior to the Court date, and here is a breakdown of my Costs that I sent to the Judge:

(Sorry but I've had to cut and paste it from my word doc!!) And I've also deleted names of all Abbey employees that I sent the letters to just incase!

 

Total Costs Incurred in Initiating and Pursuing Claim 6QZ81061.

1. Subject Access Request Fee:

Total - £10.00

2. Correspondence since initiating the claim:

Original letters to the bank, and all relevant correspondence including court documents like the Allocation Questionnaire. The Claimant requests a repayment of £5 per correspondence to recover recorded postage costs and stationary.

 

· Subject Access Request, posted on 29th July 2006.

· Estimated request for refund letter as not all statements received yet, posted on 16th August 2006.

· Non Compliance Letter asking for missing statements, posted 18th September 2006.

· Amended Estimated request for refund letter as still awaiting several statements, posted 23rd September 2006.

· Preliminary request for repayment (all statements now received), posted 2nd October 2006.

· Letter before Action letter, posted 13th October 2006.

· Reply to letter received from XXX refusing to refund charges, posted 16th October 2006.

· Schedule Of Charges sent to Defendant, posted 17th November 2006.

· Schedule Of Charges sent to Northampton County Court, posted 17th November 2006.

· Reply to letter from XXX declining their 40% offer, posted 12th December.

· Letter requesting further charges be frozen while the case is in progress, posted 29th January 2007.

· Letter to XXX requesting to settle, posted 14th March 2007.

TOTAL: £60

 

 

3. Paper and printing costs

· The Claimant estimates that throughout the whole claim they have used a total of 250 sheets of paper – the majority of this from producing three duplicate bundles, and correspondance to the Defendant. The Claimant used their own multifunction printer at home for all printing and photocopying and feel that a reasonable cost to cover the toner and running of the printer would be 5p per sheet of paper printed. Cost £12.50

· 3 ringbinders for Court Bundles. Cost £3.00.

· 3 packets of page dividers for indexing Court Bundes purchased from Asda. Cost £1.65.

 

· Printer Paper, purchased from Wilkinson. Cost £1.99.

· Black Ink Cartridge for Epson RX425 printer, purchased from Staples. Cost £8.99.

TOTAL: £28.13

 

 

4. Preparation time

The Claimant estimates that they have spent a minimum of 24 hours in preparing letters, document bundles and case notes. I respectfully request an award of £9.25 per hour for my time spent.

TOTAL: £222.00

__________________

TOTAL COSTS INCURRED: £320.13

 

 

Hope this helps you a bit.

Kerrie

[tendom]

You hope that helps me a bit That is absolutely fantastic! That post should be moved to a more prominent place!

 

Thank you very much. I will draft a similar copy and send it off (depending on advice from the court clerk as she has told me to call her for info.)

 

But after factoring the research etc I'm sure the 24hr was underestimated! But that makes it seem reasonable.

 

I'm at a loss as to why they do not settle earlier to prevent further costs. I would have been happy to accept the difference of the charges after £3 as I would not expect the bounced payments to not incur a cost!

 

Anyway thanks alot Kerrie

[Spiceskull]

Hope this helps you a bit.

Kerrie

That is a great post/letter, and so well presented...

[Kerrie78]

Glad I could help, here is also a list of the litagation concluded that I sent with the other letter, don't know if you have it already,

LITIGATION CONCLUDED.

Defendant

 

Case Number

Amount Claimed

Date Issued

Settled

Abbey

MMCK/KPSA1262/05

£228.00

02/12/2005

Yes

Abbey

4QZ2810928

£3,049.73

10/01/2006

Yes

Abbey

6QZ08692

£479.74

08/02/2006

Yes

Abbey

6SL00583

Unknown

22/02/2006

Yes

Abbey

5QZ30938

£1,729.48

04/03/2006

Yes

Abbey

SA202/06

£618.00

18/03/2006

Yes

Abbey

6QZ18498

£3,080.27

21/03/2006

Yes

Abbey

6QZ09627

£3,235.00

22/03/2006

Yes

Abbey

6QZ21137

£4,872.00

30/03/2006

Yes

Abbey

6QZ23148

£244.37

10/04/2006

Yes

Abbey

6DE02959

£3,992.44

19/04/2006

Yes

Abbey

6QZ19764

£269.22

25/04/2006

Yes

Abbey

6CL01687

£3,219.00

02/05/2006

Yes

Abbey

6QZ30791

£1,062.00

12/05/2006

Yes

Abbey

6DE04574

£3,582.94

09/06/2006

Yes

Abbey

6CK02117

£10,235.37

13/06/2006

Yes

Abbey

6PE02904

£5,011.03

14/06/2006

Yes

Abbey

6QZ32624

£232.00

15/06/2006

Yes

Abbey

6QZ39038

£1,465.42

15/06/2006

Yes

Abbey

6RG04466

£3,425.98

14/07/2006

Yes

Abbey

6QZ48201

£1,376.26

20/07/2006

Yes

Abbey

6SO05338

£2,245.00

28/07/2006

Yes

Abbey

6TQ01886

£2,912.00

04/09/2006

Yes

Abbey

6PE04231

£1,525

08/09/2006

Yes

Abbey

6HG03992

£9,825.84

20/09/2006

Yes

Abbey

6IG03529

£4,309.15

26/09/2006

Yes

Abbey

6QZ67803

£110.38

28/09/2006

Yes

Abbey

6QZ73062

£1,493.13

12/10/2006

Yes

Abbey

6SY01327

£917.83

01/12/2006

Yes

Abbey

6QZ93002

£609.84

12/12/2006

Yes

Abbey

7BS00183

£8,561.05

08/01/2007

Yes

Abbey

7QZ09584

£2,145.43

25/01/2007

Yes

Abbey

7CI00170

£1,713.56

31/01/2007

Yes

Abbey

7QZ27105

£2473.13

02/03/2007

Yes

Abbey

7QZ32441

£424.70

13/03/2007

Yes

Abbey

6QZ41854

£3,349.90

Unknown

Yes

Abbey

6QZ43864

£1,754.00

Unknown

Yes

Abbey

6QZ71927

£1,147.13

Unknown

Yes

 

[Kerrie78]

Oh, sorry about post 8. it was in a table format when I posted it! But it seems to have become muddles up!

[Kerrie78]

Abbey had until tomorrow to pay me, as stated on the court order, but they haven't even raised the cheque yet which means that it won't be here tomorrow obviously.

What do I do know as they are going to be in breach of the order. Do I just phone the court and let them know, or is there a more official way?

 

This is for the wasted costs order by the way, not the claim, which has already been paid.

[Lula]

Kerrie, send a letter to the court, with a copy of the order and tell them that Abbey have breached the court order, let the courts deal with them LOL

[Kerrie78]

Excellent thanks. I will personally WALK the letter into the Court after the postman has delivered all of my other mail in the morning.

I did email Inga 2 days ago re the situation but have had no reply.

 

Also, i have had to send off a letter to the ICO re the 1993-2000 statements, proof of them receiving my requests and them telling me my data had been destroyed, etc. As I STILL havent received my statements despite requesting them in December!

Have you had yours yet Lula?

[Lula]

pre 2000? no and no cert of destruction either, try asking the ICO for that , I am still trying to find a way for them to either cough up the statements or a certificate of destruction, they cant possibly just destroy all this data without some record of what they are doing, also, as it is relating to you, this should form part of the data they supply as part of the SAR

[Kerrie78]

Well. I got some form of response from them. They sent me June 2006 to June 2007 a complete set of 12 statements! I asked about the certificate of destruction but there was no mention of that in the letter that they sent back to me.

Is there no way of basically making them give out the information by filing an estimated claim at court for 1993 - 2000. Or would i need to back it up with the paperwork. What I was hoping to do was use the yearly figure of charges that I had for 2000 and repeat the figure for the previous 7 years to get my estimate. This time was during my college days so I do expect that there were charges applied. Its just annoying not being able to see how many.

[Lula]

unfortunately, it is up to you as the litigant to prove that you have incurred these charges and pre 6 years there is no way that you will get these statements IMHO and the case will get thrown out - sorry

[Kerrie78]

Oh well. For the sake of a few sheets of paper and the cost of a stamp I will give the ICO a go anyway. Every complaint helps!

[mariejader]

congratulations Kerry I hope your chq arrives soon.

 

What can the court do to Abbey for the breached the court order?