Small victory snatched from the jaws of defeat - CEL/WH

Molts

Quick q. In determining costs does reclaiming set aside fee fall under ordinary costs or is it to be claimed under 27.14(2)(g)?

Coupon-mad

Ordinary costs. It's a fee you expended and they caused it, not dependent upon unreasonableness.

Molts

Agreed. Thank you.

Molts

Hearing is on Thursday. D seems pretty confident and is well prepped. I think I am more nervous than he/she is!

Any last minute advice I can pass on for the day of reckoning?

Coupon-mad

15th - Beware the Ides of March, LOL!

Firstly, I am dead surprised that the hearing is proceeding and/if CEL have paid the hearing fee, and for that reason I would ask the D to ring up tomorrow morning and ask the Court if the case is going ahead, and if it's not, then ask if the Judge could still see her for ten minutes as a costs hearing only, so she can reclaim her set aside fee.

Dress smartly.

The real D must be there, not just her husband this time.

Bring copies of everything in a file that they find easy to dip into for each document.

Get there early, by half an hour, to get calm and find out who is there and who they 'work for'.

If they do not show up then argue to the Judge about the vexatious and unreasonable conduct of getting a CCJ against a registered keeper who cannot be held liable (as CEL do not rely on the POFA) then forcing her to pay out a huge sum to get it set aside (handled with huge stress while she was heavily pregnant) and now not turning up to the hearing and thinking they can get away with such conduct.

Lay it on thick, if she wants to, cry...whilst describing the distress of all this.

If she gets there and finds ON THE SPOT that the case is not listed, or was discontinued overnight, again stay there (do not be sent away) and ask the Usher the very same morning, for ten minutes with the Judge to claim her costs.

And then the above applies...cry...talk about the unreasonable conduct throughout, from a claimant who are known to never turn up and yet they leave destruction everywhere with cases discontinued at a cost of £255 a pop, never being held to account...blah blah.

Bring proof of any loss of leave/salary and travel/parking (x 2 for two hearings) on a costs sheet. Or other costs (childminder while attending?). Proof needed of the cost.

[Deleted User]

Proof needed of the cost.

This doesn't mean you need a receipt for everything - although if you've got one, happy days!! Just itemise what you can and seek £0.45 per mile for petrol.

Unreasonable conduct costs claim (if awarded)
Cost your time in hours for preparing the case £95 is below band D rates (paralegals) for regional band 3 (lowest) which starts at £111. If the court were to award unreasonable costs, I'd argue £95 was a reasonable hourly rate to seek.

Molts

15th - Beware the Ides of March, LOL!

Ouch! I'll keep that bit out when I pass on the excellent advice! But thanks so much to you both for the assistance...I'll let you know the outcome as soon as practicable and try get a court report of some kind.

System

Firstly, I am dead surprised that the hearing is proceeding

You shouldn't be. Even last year there were a large number of cases that went to a hearing that had to be dealt with.

Coupon-mad

But we have never seen one proceed to a hearing here. Not once. Maybe they fancied their chances after the first hearing where the person got through by the skin of their teeth!

System

But we have never seen one proceed to a hearing here

You've never been told about one progressing here. See https://en.wikipedia.org/wiki/Self-selection_bias