Excel & Elms CC Claim - Abuse of process

1505grandad

Don't know if it has anything to do with forum formatting but most "I's" are not in capitals where applicable.

Typo (twice)  -  "5. The Iceland carpark is right next to a council (owed) carpark...."  -  "owned"?

Jackobi

I put in the cost schedule for the £95 but didnt go into detail who it was for and also the litigant in person rate.

I didnt add in the travel costs.

Because Excel have ignored me, i posted off a copy of my WS to them today just in case. I still need to email a copy to the courts and Excel but i cant add in the travel costs now right? Too late?

Jackobi

1505grandad thank you for that, luckily i corrected them but i missed the 'owed'

Coupon-mad

You can add a costs schedule separately with just days to go; it's fine to add.

Jackobi

Thank you Coupon-mad, that's good to hear! I'll amend my cost schedule and send that nearer the time.

Well i've sent everything off now, i havent received their WS but they havent responded to anything that ive asked for anyway.

Whatever the outcome i'm eternally grateful for all the help and guidance you guys have given me, it has opened my eyes!

I'll keep you posted.

Jackobi

Good morning all, so I still haven’t received Excels WS and the court has just confirmed they haven’t either. Waiting to hear if they paid the hearing fee. 

I have a feeling they have massively wasted my time. Is there anything I can do?

Jenni_D

Unless you have a counterclaim in play (do you?) and they haven't paid the hearing fee, then there's no much you can do. (Other than maybe pay the hearing fee if you have a counterclaim in play, so a hearing goes ahead to consider your counterclaim. If you don't have a counterclaim already in play then you can't just add one now).

Your alternative would be to raise your own claim against them for wasted costs - not sure if that would be successful though.

Jackobi

Thanks Jenni, no counterclaim but the court says the hearing fee has been paid. 

My hearing is next Wednesday (non priority) so do things just go ahead with no WS from Excel? 

Jackobi

I’ve been reading a thread by gbbe who was in a similar position but they had a lot more time then I do. Should I do the same and ask the court to strike out the claim for missed deadlines, no evidence, no WS etc?

Jenni_D

As they've missed the court deadline by a significant amount then I see no reason why you shouldn't bring this to the attention of the court and request that the judge exercise the right to strike out the claim and award your costs. (Don't ask, don't get).