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Appeal not accepted or rejected but receiving debt collection notices

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Comments

  • zhonguonuren
    zhonguonuren Posts: 478 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    1234 said:
    I was able to find  a case that was in the same court for the same reason of failing to serve notice of discontinuance, including this and sent in witness statement off. 

    I've received an out of court settlement offer which is 40% of what i was claiming which is made up from my loss of earnings and return trip to court but UKCPM feel that cost for litigation is not covered as this is expected from litigation. At no point did UKCPM or GS provide any evidence to prove they had any authority to operate or commence litigation (otherwise every tom,!!!!!! & harry would be raising claims against anyone). 

    I'm want to make a counter offer to include the cost of me having to research and preparation of defence as litigating in person @£19p.h althought i'm unsure what to quote them. Is there a relevant section of CPR which outlines what costs can be claimed for?
    Found it in section 46.5

    If may help you to decide whether your costs are reasonable to know Gladstones charge £75 to consider their client’s claim, £15 to draft a DQ, £150 to attend a hearing, £150 to prepare a defence, £300 to prepare a witness statement, £450 on letters and emails and £150 per hour on the litigation they tell their client to tell you is expected ! 
  • zhonguonuren
    zhonguonuren Posts: 478 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    KeithP said:
    ...you can usually login and see on the claim history when Notice of Discontinuance was received by the court.  
    I thought that was only possible while the claim remained at the CCBC.
    Sorry - I didn’t read the thread.  Ignore me
  • zhonguonuren
    zhonguonuren Posts: 478 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Not had chance to read through (apologies) but could you try emailing the court asking when it received (not processed) notice of discontinuance for the claim number.  It would be so great if this were a false statement.  I emailed a county court yesterday needing an urgent response in writing - but not expecting one and received it by the end of the day.   
    Good luck with the costs anyway.  Zhong
  • Le_Kirk
    Le_Kirk Posts: 24,731 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    1234 said:
    I've received an out of court settlement offer which is 40% of what i was claiming which is made up from my loss of earnings and return trip to court but UKCPM feel that cost for litigation is not covered as this is expected from litigation. At no point did UKCPM or GS provide any evidence to prove they had any authority to operate or commence litigation (otherwise every tom,!!!!!! & harry would be raising claims against anyone). 
    I'm want to make a counter offer to include the cost of me having to research and preparation of defence as litigating in person @£19p.h althought i'm unsure what to quote them. Is there a relevant section of CPR which outlines what costs can be claimed for?
    Found it in section 46.5
    If may help you to decide whether your costs are reasonable to know Gladstones charge £75 to consider their client’s claim, £15 to draft a DQ, £150 to attend a hearing, £150 to prepare a defence, £300 to prepare a witness statement, £450 on letters and emails and £150 per hour on the litigation they tell their client to tell you is expected
    Perhaps they meant that cost for litigation is not covered as this is expected excepted from litigation
  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    I've logged in to MCOL and last entry is from November 2019 where it was transferred to my local court and no entries since.

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    1234 said:
    I've logged in to MCOL and last entry is from November 2019 where it was transferred to my local court and no entries since.

    There won't be any entries on MCOL after that.

    MCOL plays no further part after the case is transferred to a hearing court.
  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    edited 15 May 2020 at 11:04AM
    Not had chance to read through (apologies) but could you try emailing the court asking when it received (not processed) notice of discontinuance for the claim number.  It would be so great if this were a false statement.  I emailed a county court yesterday needing an urgent response in writing - but not expecting one and received it by the end of the day.   
    Good luck with the costs anyway.  Zhong
    I was only aware one existed when i attended the hearing. It was never served to me.
    On court record it was issued 48 hours before the hearing.

    Le_Kirk said:
    Perhaps they meant that cost for litigation is not covered as this is expected excepted from litigation
    Surely it's unreasonable to take a picture of a vehicle and then expect a ransom demand without providing any other evidence they are authorised to do so. 

  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Courts wrote to me that due to Covid-19 they will be adjourning and I will receive another date once courts resumes.

  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    edited 16 July 2020 at 10:38PM
    I've been having a to and fro with Gladstones and made a counter offer to settle which was approx 70% of their intended offer which i feel is reasonable, this was made up from loss of earning, travel to & from Court and 6 hours research and preparing defense as litiganrt in person.
    As earlier stated by Le_Kirk, they have come back to me to say they do not feel work done up-to the hearing date is covered by the unreasonable test.
    I've seen many posting where people are submitting their litigation cost but I'm unsure what to go back as i lack the legal knowledge they have as i thought the cost is covered?


  • Coupon-mad
    Coupon-mad Posts: 153,255 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
     i lack the legal knowledge they have
    Oh no you don't!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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