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Appeal not accepted or rejected but receiving debt collection notices

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Comments

  • Umkomaas
    Umkomaas Posts: 43,474 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As well as advised by Redx, complain about G's behaviour to the SRA. They already have their claws in them so adding your weight to this will push them ever closer to the tipping point. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    edited 10 February 2020 at 1:12PM
    My case is similar to https://forums.moneysavingexpert.com/discussion/comment/72966188#Comment_72966188 given that the costs are from 2015, have they since been amended in regards to mileage/researching defence/printing etc?

    Where citing unreasonable behaviour 27.14(2)(g) do i put a figure or ask the court at their discretion?


  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    As above
    They discontinued FAR too close to the hearing.
    They also breached the courts order to supply a WS etc. 
    I would write to the court and set out your WASTED ordinary costs - you turned up as, as of 4pm friday, YOU had not been told of the discontinuance. 
    Max £95 for loss of pay / leave, parking, mileawge
    Then bullet list their unreasonable behaviour and ask that the court makes an award for your time based on the following  - give a DETAILED breack down of all stages of your claim, from writing the defence, WS, compiling evidence, etc in terms of time spent and direct costs. 
    Attach proof of e..g the notice being dated 07.02, your loss of leave or pay, and lay it on relatively thick. THe courts should be annoyed at this behvaious.

    THEN get on with complaining to the SRA _ ask how this clear breach of their professional duty to the corut AND to you can be allowed to go unsanctioned?
  • KeithP
    KeithP Posts: 41,296 Forumite
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    1234 said:
    Where citing unreasonable behaviour 27.14(2)(g) do i put a figure or ask the court at their discretion?


    They are costs. Only you know what costs you have incurred. Of course you must state a figure.

    You also need to show how you arrived at that figure.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    As above
    You cant just leave the court to make up their mind. How many hours did yo uspend writing your defence/ How many hours researching it? ETc
    YOU know this
    WE dont
    THE COURT doesnt either. 
  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Great,

    Thanks, I estimate i spent approx as below:
    -2 hours appealing to notice to keeper including research, reading up on previous cases and going through through PoFA 2012.
    -2 hours responding (including researching and getting advice) to letter before claim.
    -5 hours writing up defence (including research and getting advice).
    -5 hours preparing witness statement and concerns claimaint has failed to serve me WS so i cannot file proper defence.
    -2 hours reading CPR and understanding what can be claimed due to late discontinuation.
    -Loss of Annual days leave salary pro-rata 1 day  (this very high figure, which can be backed up with Payslip)
    -18 miles round trip to court by car.
    -Copies of Defence/WS/Evidence.


  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You now need to put monetary values to that.
    £19 per hour. 45p per mile. Parking near court cost?

    Add it all up and put a total.
  • Coupon-mad
    Coupon-mad Posts: 153,255 Forumite
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    I really hope you already did what I told you to do in advance, on 1st Feb.  I laid the groundwork for these costs.
    Summary costs assessment
    ...include all your hours spent working in the case and proof of your normal 'workplace' hourly rate, and tell the Judge that the Claimant has failed to file & serve any WS or evidence and you are concerned that they are going to take it to the final few days then discontinue. As such you are reasonably asking for your summary costs schedule to be considered and for those costs to be ordered against the Claimant, in the event of either:
    - a very late discontinuance, or
    - the claim now being struck out.

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  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    edited 11 February 2020 at 10:23AM
    I really hope you already did what I told you to do in advance, on 1st Feb.  I laid the groundwork for these costs.
    Summary costs assessment
    ...include all your hours spent working in the case and proof of your normal 'workplace' hourly rate, and tell the Judge that the Claimant has failed to file & serve any WS or evidence and you are concerned that they are going to take it to the final few days then discontinue. As such you are reasonably asking for your summary costs schedule to be considered and for those costs to be ordered against the Claimant, in the event of either:
    - a very late discontinuance, or
    - the claim now being struck out.
    Yes this was done and submitted to the Courts the following morning.





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