Rogue landlord trying to set aside their CCJ. Adding costs to defending it.

Tobster86

The rogue landlord who I was granted a CCJ against some months ago (see my posted thread history if interested, though it's somewhat irrelevant and slightly boring!) has applied to have the judgement set aside.


I will be taking a couple of hours out of work to attend the hearing to defend the CCJ, and wish to add the costs of doing so to their existing debt.


I fully do not expect them to turn up; they're a former "member of the travelling community", didn't turn up for the original hearing, are probably wanted, and generally try to blag their way from pillar to post. Even if they do turn up, I have my effluent in one sock, and they don't have a leg to stand on.


The question is, can I claim my costs of turning up and defending the claim to the existing debt, and do I simply ask the judge at the end and present evidence for the costs?


What out of the following could I reasonably claim for?:
-Two hours off work, at my employment rate.
-Travel & parking.
-Stationary.
-Two hours of hearing preparation, at my employment rate.

overlyconcerend

Does this help?

https://www.moneyclaimsuk.co.uk/litigant-in-person-costs-and-expenses.aspx

Tobster86

In the end I simply rang the court, and was told to present a schedule of costs to the judge at the hearing.

steampowered

The definitive list of costs you are allowed to claim in small claims track is set out in the Civil Procedure Rules here:
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14

You do not normally get awarded any preparation costs in small claims track. However, it is sometimes possible to claim them by relying on the provision which says that the court may award such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

In small claims track you only get preparation costs in a small minority of cases where the other party has behaved particularly badly, but it sounds like you could have a go at claiming that in this case. Especially if the Defendant doesn't bother to turn up to the set aside hearing they asked for.

If you are awarded preparation costs, as a litigant in person the rate you would get is £19 per hour: see https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-46-costs-special-cases/practice-direction-46-costs-special-cases#3.1.

Tobster86

Well, just come back from the hearing.


Defendant didn't turn up, case dismissed.


I handed a schedule of £57.60 to the judge (two hours of preperation at £19/hr = £38, travel costs at 60mi@25p/mi = £15, parking ticket = £4.60).


She raised a slightly irritated eyebrow and told me I could claim £15, something along the lines of "witness expenses as I was a litigant in person", payable by the defendant in 21 days.




Am I right that all this pointless palaver cost the defendant £255 in court fees in the first place?

da_rule

Yes, the application costs £255.

I assume you weren’t awarded your preparation time because you didn’t submit anything to the court before the hearing (statement of case/opposition or a skeleton argument). I also assume you didn’t serve your cost schedule on the other side and file it at court by the relevant deadline.

theartfullodger

Keep pursuing this toad. All those not paying their debts should be chased, be they landlord, agent, tenant, MP....