Letter Before Claim - SCS Law & UKPC - Please Advise

CVKTA

Hi guys, getting ever closer to court date (telephone hearing) of 07/09 now.
I'm after some guidance on a few things:

• As mentiontioned previously, I am completing all of this on behalf of my wife and will be representing her. At which point should I inform the courts? (bearing in mind that the hearing is via telephone?)
• Is there anything specific that may help on the day that I may nto of though of?!
• Any other tips at this stage
• Finally, can you guys please critique my Schedule of Costs (pasted below) that I am looking to submit soon? (Also, do I need to submit this to the claimant?!

In the County Court at XXXXX

Claim Number: XXXXXX

Hearing Date: XXXXXX

DEFENDANTS SCHEDUELE OF COSTS

Ordinary Costs

Loss of earnings/leave, incurred through telephone appearance 07/09/2020 - £60.00

Sub Total - £60.00

Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)

Research, preparation and drafting of documents (24 hours at Litigant in Person rate of £19 per hour) £456.00

Stationery, printing, photocopying and postage: £37.50 

Sub-total £493.50

TOTAL COSTS CLAIMED - £553.50

Signed ….

Thanks as always CVKTA

beamerguy

At the end of the day, it will be up to the judge.  such costs have been awarded before
It is up to you to prove they are unreasonable. It is clear that SCSLaw have not done their homework which is not unusual

CVKTA

Thanks for taking the time beamerguy. Just checked, there will have been 20 months of correspondence by the time the hearing comes round. I’ve kept a tally and I have spent those hours on this!
Any thoughts on the other queries above that you could offer at all?

Umkomaas

Ordinarily you would inform the Court Clerk on arrival that you will represent as a Lay Representative (taking with you the Lay Representatives (Rights of Audience) Order 1999 to show the Judge if necessary).  Presumably when your video/phone links to the Judge, you inform him/her then. 

24 hours litigant in person hours looks just a bit too much like a 'convenient' number of hours - if you can itemise each of the hours, then do so and claim them. But it may look a bit more authentic if it was (say) 22.5 hours. You'll have to argue it, so I'm just suggesting you think about it before putting in that number of hours. 

CVKTA

Fab, thanks Umkomaas!!

Coupon-mad

When she emails her telephone number to court next week, in advance, she must just add your phone number as well and explain that you will be acting as her lay representative to present her claim by phone, with her on the other line so that you have rights of audience.    If she wants, give the court a link to the Lay Reps RoA Order. 

DO NOT ASK FOR PERMISSION.  IT IS HER RIGHT.

SHE MUST REMAIN ON THE LINE.

nosferatu1001

You must serve on the claimant. Must. 

Itemise using obvious splits such as defend,d witness statement etc. Dead simple. 

nosferatu1001

Do you know how to prove the u reasonable behaviour, and to argue it? Have you got it bulletin fir your ease? I'd include such a bullet in the costs assessment. 

CVKTA

nosferatu1001 said:

Do you know how to prove the u reasonable behaviour, and to argue it? Have you got it bulletin fir your ease? I'd include such a bullet in the costs assessment. 

Can you elaborate on this for me at all? Not to sure what you mean...

DAngel

I’m not the expert, by any means, however my expenses were dismissed as the judge said that she didn’t not think that they had behaved unreasonably - I think I got parking and mileage awarded and that was it. Like you, I spent nearly 2 years back and forth with them, but i wasn’t prepared when she said she didn’t agree they were unreasonable, so I just said ok and went on my way (I was just pleased to get the hell out of there!).  I think what the folks here are suggesting is, if you care enough to do it as I know how stressful this whole process is, pull together a crib sheet or some bullet points with examples of ‘unreasonable behaviour’ by them, and if the judge argues that they have not been unreasonable, you will have your notes in front of you, all prepared, to say how you think they have been. 

Not sure if you have been before, but Court is Pretty dreary, scary and not a nice place to be (even when you win!). I’ve been 3 times this year, once for myself and twice in support of someone else. I’ve also been in the house whilst someone else was having a zoom & telephone hearing during covid and one thing I will say to you is this - no one who goes to court, unless you are legally trained, is expected to be an expert. Yes, be prepared, yes be polite, yes be respectful etc but that’s all obvious. Withe the help of the forumites, you have built a really strong case - you can relax in the knowledge that you have done your very best here, whatever the outcome. You’ll be in your own home which in itself is much more comforting than the court setting, and you will be guided by the judge throughout. In my experience, they are not scary ogres, they are fair and kind (although I can’t speak for all). Just read your witness statement and defence several times through that morning or night before (the judge will also read it, thoroughly), and with any luck, the scs rep will be a bumbling idiot (like mine was) and not be prepped in the slightest. 

You’ve got this - we are rooting for you, let’s get another win under our belt!! :-)