CCJ at previous address from PPC

nosferatu1001

"Letter before claim was sent to incorrect address on 2nd May (This is my new address but was incorrect so never reached me)"
No idea what this means. Do you mean they sent a letter to NEW ADDRESS, but made a mistake in NEW ADDRESS such that it was not received? 

henrik777

nosferatu1001 said:

"Letter before claim was sent to incorrect address on 2nd May (This is my new address but was incorrect so never reached me)"
No idea what this means. Do you mean they sent a letter to NEW ADDRESS, but made a mistake in NEW ADDRESS such that it was not received? 

Pretty sure that's what's being said. They are stuffed if this is correct. Not only should they lose they should get indemnity costs against them. It's so amateur and bad it's like a dream. 

drewwhonumba2

nosferatu1001 said:

"Letter before claim was sent to incorrect address on 2nd May (This is my new address but was incorrect so never reached me)"
No idea what this means. Do you mean they sent a letter to NEW ADDRESS, but made a mistake in NEW ADDRESS such that it was not received? 

Yes, they sent it to my block of flats but didn't have apartment number on. I only found this out from SAR from Gladstones. There are 16 apartments in my block so it wasnt received. In any case the proceeded to put the claim against my previous address

drewwhonumba2

henrik777 said:

nosferatu1001 said:

"Letter before claim was sent to incorrect address on 2nd May (This is my new address but was incorrect so never reached me)"
No idea what this means. Do you mean they sent a letter to NEW ADDRESS, but made a mistake in NEW ADDRESS such that it was not received? 

Pretty sure that's what's being said. They are stuffed if this is correct. Not only should they lose they should get indemnity costs against them. It's so amateur and bad it's like a dream. 

Henrik, this is correct

On this basis should I put in a costs statement including normal costs such as set aside fee and indemnity costs which would be loss of earnings and legal costs such as time to research?
Also, one of my credit cards significantly reduced my credit limit as a result of the CCJ
Should I request costs for stress and damage to credit rating? 

henrik777

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs#rule44.3

Basis of assessment

44.3

(1) Where the court is to assess the amount of costs (whether by summary or detailed assessment) it will assess those costs –

(a) on the standard basis; or

(b) on the indemnity basis,

but the court will not in either case allow costs which have been unreasonably incurred or are unreasonable in amount.

(Rule 44.5 sets out how the court decides the amount of costs payable under a contract.)

(2) Where the amount of costs is to be assessed on the standard basis, the court will –

(a) only allow costs which are proportionate to the matters in issue. Costs which are disproportionate in amount may be disallowed or reduced even if they were reasonably or necessarily incurred; and

(b) resolve any doubt which it may have as to whether costs were reasonably and proportionately incurred or were reasonable and proportionate in amount in favour of the paying party.

(Factors which the court may take into account are set out in rule 44.4.)

(3) Where the amount of costs is to be assessed on the indemnity basis, the court will resolve any doubt which it may have as to whether costs were reasonably incurred or were reasonable in amount in favour of the receiving party.

(4) Where –

(a) the court makes an order about costs without indicating the basis on which the costs are to be assessed; or

(b) the court makes an order for costs to be assessed on a basis other than the standard basis or the indemnity basis,

the costs will be assessed on the standard basis.

(5) Costs incurred are proportionate if they bear a reasonable relationship to –

(a) the sums in issue in the proceedings;

(b) the value of any non-monetary relief in issue in the proceedings;

(c) the complexity of the litigation;

(d) any additional work generated by the conduct of the paying party; and

(e) any wider factors involved in the proceedings, such as reputation or public importance.

(6) Where the amount of a solicitor’s remuneration in respect of non-contentious business is regulated by any general orders made under the Solicitors Act 19744, the amount of the costs to be allowed in respect of any such business which falls to be assessed by the court will be decided in accordance with those general orders rather than this rule and rule 44.4.

Compensation isn't a cost of defending (or setting aside). But yes i'd prepare a costs schedule for standard and another for indemnity.

drewwhonumba2

I'm going to submit my costs schedule today and in response to this from Gladstones 

Without Prejudice

 

Good afternoon,

 

As discussed on our telephone call today, we can offer £190 on a Without Prejudice basis to settle the claim today. If the offer is accepted, then payment would need to be made today so we can begin to draft the Consent Order to apply to set the County Court Judgment aside.

 

This Consent Order can then be taken with you to the upcoming hearing on the 13th February at 10am and presented to the Judge in place of our Client opposing your application.

Kind regards,

nosferatu1001

Give them a WP save as to costs response
Offer that they pay your set aside costs, and say £250 for their failure to serve on the last known good address, breaching their duty to the court and the statement of truth they signed when filing the claim against a known incorrect address. Else you will apply for your costs on the following basis:
- £255 set aside
- loss of leave or earnings capped at £95 for the set aside hearing
- mileage etc
Indemnity basis: 
- time spent researching the CCJ, etc. 
once your set aside is granted, you will then counterclaim for breach of DPA, they failed to maintain accurate records, damage to credit ratiing etc whci hyou summarily assess at £750. 

henrik777

nosferatu1001 said:

Give them a WP save as to costs response
Offer that they pay your set aside costs, and say £250 for their failure to serve on the last known good address, breaching their duty to the court and the statement of truth they signed when filing the claim against a known incorrect address. Else you will apply for your costs on the following basis:
- £255 set aside
- loss of leave or earnings capped at £95 for the set aside hearing
- mileage etc
Indemnity basis: 
- time spent researching the CCJ, etc. 
once your set aside is granted, you will then counterclaim for breach of DPA, they failed to maintain accurate records, damage to credit ratiing etc whci hyou summarily assess at £750. 



Is loss of earnings capped in a case which has never been allocated to the small claims track ? (plus if it's indemnity costs there would be scope for all costs)


However lets not get too involved in costs. Firstly the application needs to be won. I'd like a draft of the argument to have a look at.

nosferatu1001

Yep, Id like a draft as well
Costs are not capped unless its been allocated, howeevr its pretty clear where it would have been allocated to, and youre more likely to get a judge to agree to £95 for loss of leave or pay as theyre used that that amount. 

drewwhonumba2

Hi, i know i may have made some mistakes but i'm doing this at work with limited time 
Both the skeletal argument and costs can be seen at 

https://drive.google.com/drive/folders/18u6VmAnx1jq3z5c68Lskw2T-Ci4MSxDl?usp=sharing