bw legal/excel clain form recieved

DoaM

Did the court say WHEN they received the discontinuance notification? (I'm assuming the claimant has discontinued). If it was last night then it probably was on the basis of your WS.

Of course you're now at liberty to raise your own claim for a DPA breach, if you so desire.

keepswimming

I was told it was yesterday that it was cancelled, didn't say when yesterday, but I did send them nearly 40 exhibits along with said WS.

as for DPA, I ll have a think, just let the old brain box take 5 first.

DoaM

There's an button under each of your own posts.

(Style may vary depending on which forum skin/theme you use).

Coupon-mad

Very well done for seeing it through, scam over! At last!

Now submit your costs to the court (as below) and send a costs schedule to Excel requiring payment within 14 days under the CPR listed below.

Advice on a similar thread from bargepole is this:

From the CPR:

Liability for costs
38.6
(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

He should just write a letter to the court, with a costs schedule, asking that a Judge makes an order against the claimant in accordance with CPR 38.6

keepswimming

big thank you for all your help and I ll get onto that costs thing.

Loadsofchildren123

Worth writing in with a schedule and asking for a costs order under CPR 38.6 and 27.14(2)(g).
As a LiP you are entitled to costs of £19 per hour (permitted by Practice Direction 46 (paragraph 3.4) and CPR Rules 45.39(5)(b) and 46(4)(b))
Then there are all your postage costs, stationery and so on.


Send the letter and schedule to the court, saying you have sent a copy to the solicitors for the Claimant and you believe it is cost effective for the court to deal with the matter on paper. You need to explain the rules because surprisingly most judges don't know the rules and need them spelled out.


Dear Sirs,
[court claim no]


I am the Defendant in this matter and refer to the Notice of Discontinuance dated x.


I am writing to seek costs pursuant to CPR Rule 38.6. Rule 27.14(2)(g) is also relevant, because the Claimant has behaved unreasonably in these proceedings.


I understand that, as a litigant in person, pursuant to Practice Direction 46 (paragraph 3.4) and CPR Rules 45.39(5)(b) and 46(4)(b) I am entitled to recover costs of £19 per hour.


I enclose a schedule of all time spent and all costs incurred and ask for the court to make an order that this sum be paid to me within 14 days by the Claimant.


The reason I rely also on CPR 27.14(2)(g) is because the Claimant has behaved unreasonably by:
1. refusing to comply with paragraphs 6(a) and (c) of the Practice Direction-Pre-Action Conduct by failing to furnish me with any core documents or any real explanation of the basis for the claim at the pre-action phase of proceedings
2. [if applicable] by refusing to provide that explanation/those core documents at any stage after issuing proceedings, in spite of my request dated xxxx (copy[ies] attached).
3. by refusing properly to particularise their claim in the Particulars of Claim, in breach of CPR Rule 16.4, and by refusing to produce a copy of the contract relied upon, in breach of paragraph 7.3 of Practice Direction 16.
4. [any other breaches/bad behaviour - eg by filing a Notice of Discontinuance on x date, just x days before the witness statements were due to be served, without giving me any notice at all. Consequently, I continued to work on and finalise my Statement because I had no idea that the claim was not proceeding and had been formally discontinued. This resulted in x hours of unnecessary additional work on my part.]


I believe that you should exercise your discretion to deal with this costs application without a hearing, pursuant to CPR Rule 23.8.


I confirm that I have sent a copy of this letter and the enclosures (including the costs schedule) to the Claimant's solicitors.


etc.


Costs schedule:
Put the court heading on (like in your WS and Defence) then between the two parallel lines under that "DEFENDANT'S COSTS SCHEDULE"


Then under the heading "Time spent" say x hours at £19 per hour = £total, broken down as follows:


Documents:
Reading Claim Form: 5 minutes
Drafting Defence, including research and obtaining documents: 3 hours
Completing Directions Questionnaire: 10 minutes
Reading court orders (transfer/preliminary allocation and Directions): 10 minutes
Drafting Witness Statement, including research and obtaining documents: ?5 hours
Reading Notice of Discontinuance: 5 minutes
Delivering documents to court (Defence/Witness Statement): 30 minutes


Correspondence:
x letters in total received/written: [2] hours
Total: x hours x £19 per hour =


Disbursements:
Stationery and printing: £x
Postage: £x Attachment not found.

Loadsofchildren123

I believe that you should exercise your discretion to deal with this costs application without a hearing, pursuant to CPR Rule 23.8.


Change "believe that you should exercise...." to I ask that you exercise..." and at the end of that sentence "because this is clearly the most cost effective way of dealing with the matter".

System

Would this not be better as an N244 paying the £100 so the judge has to consider it. The £100 would be added to the bill and payable by Gladstones.

Loadsofchildren123

I'm not sure if it needs a separate application, it's the costs arising out of the proceedings.
Plus you may not win costs so you'll have wasted £100.
I suppose what you could do instead is write to Gladstones with the schedule and invite them to agree it, and say if agreement is not reached within x days then you will make an application. And warn them that the fee will be added.....
Let's wait til we find out when the Notice was filed - if a few days before the OP has a stronger case because they didn't know and carried on putting lots of work into their documents.

keepswimming

wow that's some good work right there,
I will get onto this, just waiting for the letter from the court saying discontinued, then i will proceed. i doubt it matters but this is BW not Gladstones, I've kept a log since July last year of the hours and receipts of any postage spent dealing with all this, I would just be guessing at stationary used costs.

big thanks for the help.