JLA "Stopping" Charge

Router66

I have now gone through the 132-page bundle and find it hard to believe that a copy of this has gone to the court and the defendant would be expected to rely on this bundle to defend their case. If the judge went through the bundle now, I feel sure he/she will deem it unacceptable but if they don’t look at it until the day before the court case, I guess they will be rather grumpy with what they find.

Unless the forum suggests otherwise, I would like to make the court aware of the VCS track record to date so as to avoid the hearing being adjourned again:

As it currently stands:
• They submitted their original bundle late. (Presume wrong email address used)
• They failed to comply with paragraph 6 order dated 18th May 2022.
   (Pagination and Indexing issues)

The court ordered them to:
• Correct the issues and re-file with the defendant's bundle included.
• Pay the defendant’s costs of £94.50 by 8th August 2022.

The new bundle has only been partly paginated; page numbers 18-30 were previously overwritten and obliterated and they remain so.
The index is woeful and has the VCS site information, notices and evidence all indexed under “Defendant’s Evidence”!
The defendant’s bundle has been compromised as a result of being re-paginated by VCS. The defendant has spent two hours trying to restore the cross-references.

The VCS Rep took the defendant’s bank details to facilitate a bank transfer for the defendant’s costs; however, the defendant received a cheque posted 2nd class @ 20:48 on the 9th of August 2022 and not delivered until 11th August 2022. Furthermore, the cheque was made out for 50p short of the full amount.  
The defendant contacted VCS by email to point out their error, but no reply was received.

VCS has asked the defendant:
 “Please can you confirm that the evidence you had filed on the 10th of June 2022 is included within the bundle attached. If it is not included in the bundle, please can you send us a copy?”

I cannot think why they would ask this, and I am therefore suspicious. Perhaps I should respond by saying...
“You can check this yourself by comparing your replacement bundle with my original bundle”  

I could then go on to point out the issues I have listed above and copy the court.

I guess I am overthinking again but since the initial judge was so negative about VCS prospects of success, I am worried that they have something up their sleeve, which is why they have decided to continue with their claim?

Coupon-mad

Unless the forum suggests otherwise, I would like to make the court aware of the VCS track record to date so as to avoid the hearing being adjourned again

Yes, raise your bullet points as a preliminary issue at the hearing.

Make sure you have recently (in advance, on an email to the court and Claimant) put in your FULL costs wasted on this case, including the missing 50p and two hours having to re-index your page number references and then the cost of printing a revised index list for yourself and 2 extra copies, to assist the court on the day, otherwise no-one (not even the Claimant's rep) would have been able to see the wood for the trees. Plus your loss of leave/salary for this hearing, proved by attaching a wage-slip or whatever.

Ask politely for the Judge to 'consider a finding of unreasonable conduct'. (Never tell a Judge what to do...just politely pave the way).

Router66

put in your FULL costs wasted on this case,
Hi Coupon-Mad... when you say FULL costs - is there a guideline on what is justified?
Research has gone back to 2015 following the Hexaflagon threads on Pepipoo
I re-visited the LJLA site to check signage etc.
I was in contact with my MP who offered to help - This generated many emails
I raised a complaint on LJLA which generated even more emails 
I prepared an 80 page+ Witness Statement/ Defence/LBC defence
All no different to most of the posters who face a claim. 
Any idea where judges tend to draw the line on costs?

Coupon-mad

Just try to keep it at the low hundreds and break it right down into hours spent on x, hours spent on y, etc.

Router66

Thanks Coupon-Mad... will do.
Would you mind having a read of the correspondence I am planning to send to the court and claimant (with attached Costs Schedule and bundle 3) ? I hope it is line with what you advised me yesterday...

 

Dear Sir/Madam,

                       I am the defendant in claim number H8QZ4Z6R and have received the claimant’s bundle in preparation for a hearing scheduled for November 3rd, 2022.

The initial hearing was adjourned as the claimant had failed to comply with paragraph 6 of the order of 18th May 2022. The claimant was ordered to file and serve a new bundle to the court and defendant, paginated and indexed, and included the defendant’s evidence.

I am concerned that the latest bundle may not be inspected in good time, and since I believe it to be worse than the previous bundle, the judge may order a second adjournment.

An early inspection will reveal that the new bundle has only been partly paginated; page numbers 18-30 were previously overwritten and obliterated and they remain so.

The index is woeful and has the claimant’s site information, notices and evidence all indexed under “Defendant’s Evidence”!

Furthermore, the defendant’s bundle has been compromised as a result of being re-paginated by the claimant, throwing the Witness Statement index and cross-references into disarray.

Despite having a litigation team to call upon, the claimant does not appear to have the wherewithal to follow court orders. Therefore, to assist the court on the day, the defendant has spent over two hours trying to restore the cross-references of their own bundle and a similar amount of time completing the pagination and indexing of the claimant’s bundle.

I have attached my alternative version of the claimant’s bundle which I trust will meet the requirements of the court and thereby avoid a further adjournment.

I have found the conduct of the claimant to be unacceptable throughout this case, and in particular their lack of respect to court orders. I would therefore ask for the court to consider the below accumulated transgressions as a preliminary issue at the forthcoming hearing.

• Bundle submitted late. (Presume wrong email address used)
• Failed to comply with paragraph 6 order dated 18th May 2022.
   (Pagination and Indexing issues)

• Failed to correct the pagination and indexing issues.
• Failed to pay the defendant’s costs of £94.50 by 8th August 2022.
• Failed to pay the full amount of defendant’s costs awarded by the court

It is hoped that the narrative communicated in the defendant’s Witness Statement will persuade the judge to allow further costs for claimant’s misconduct pursuant to Civil Procedure Rule 44.11; accordingly, I have also attached a Costs Schedule for consideration.

Coupon-mad

I would save it all for saying verbally as a Preliminary Matter at the hearing, or you are giving them a chance to put it right.

Also Judges hate unnecessary 'tit for tat' submissions so I wouldn't add yet more.

Router66

OK...so just to be clear; I was thinking that I had to email bundle 3 and the costs schedule as attachments and in the body of the email explain why it was necessary to create bundle 3? But now I get the feeling it is better to rock up on the day and request a preliminary hearing and bring along with me hard copies of bundle 3? Since the Costs Schedule will have a claim for 4 hours work on creating bundle 3 and I need to send the schedule to both the claimant and the court ahead of the hearing (when would be the deadline?) might the question be asked as to why I didn't email bundle 3 at the same time I sent in my Costs Schedule? 
I definitely take your point about not opening the door for them to put it right; I just need an idiot's guide, to what steps I should take and when. Good job you are very patient! 

Coupon-mad

No-one said 'request a preliminary hearing'.

Certainly send in your costs assessment, that's normal and not a submission, as I said slready:  

Yes, raise your bullet points as a preliminary issue at the hearing.

Make sure you have recently (in advance, on an email to the court and Claimant) put in your FULL costs wasted on this case, including the missing 50p and two hours having to re-index your page number references and then the cost of printing a revised index list for yourself and 2 extra copies, to assist the court on the day, otherwise no-one (not even the Claimant's rep) would have been able to see the wood for the trees. Plus your loss of leave/salary for this hearing, proved by attaching a wage-slip or whatever.

What else is in this 'bundle 3'? 

Router66

https://www.dropbox.com/s/xy6hf4i07d44mac/Index.pdf?dl=0
Bundle 3 is the claimant's WS and the defendant's WS rolled into one 132-page PDF after being edited by the defendant.
Attached is a link showing how the claimant had indexed the bundle (in black) with a corrected version underneath (in blue).
I am not sure if that answers your question ("What else is in this 'bundle 3'?") but I guess you would not wish to see the whole bundle? 

Router66

No-one said 'request a preliminary hearing'. Yep, apologies, wrong choice of words...raise a preliminary matter, (like you said!)
Draft Cost Assessment below...is this over the top? 

Edited 19/10/22...

Email body text to court and claimant:

Dear Sir/Madam,

                           please find attached my Schedule of Costs in respect of claim number XXXXXXXX to be heard at the County Court of Stockport on 3rd November 2022. 
YF
Word Docx text in the attachment: 

In the County Court at Stockport

Claim Number: XXXXXXXX

Hearing Date: 03/11/2022

DEFENDANT’S SCHEDULE OF COSTS:

Ordinary Costs:

Loss of earnings through attendance at court hearing 03/11/2022: £95.00

Rail Travel                                                                                       £12.50

Shortfall due from court costs awarded on 30/07/2022                   £0.50

Further costs for Claimant’s unreasonable behaviour, pursuant to Civil Procedure Rule 44.11

Research, preparation and drafting documents:

MP Correspondence: 1 hour

Re-visiting the claimant's site: 2 hours

LJLA correspondence regarding complaint: 2hrs

Documents – LBC, (2 hrs) Defence, (3 hrs) Witness Statement + Evidence (6 hrs)

* Replacement Index (4 hrs):

Total 20 hours at Litigant in Person rate of £19 per hour): £380

Stationary, printing, photocopying and postage: £24

 

* Note: The combined bundle prepared by the Claimant (per the court's order) was very confusing and would be impossible for any party to use effectively. Accordingly, it is my intention to prepare a replacement index to assist the court on the day of the hearing. 

TOTAL COSTS CLAIMED £512.00

 

Signature:

Defendant:

XX/XX/2022