Civil Enforcement Ltd issued court proceedings

waca1878

Got it. Thank you! 

KeithP

waca1878 said:

Dad is very anxious about prospect of going to court, I’ve explained to him it’s very informal.

Show him this video...
www.youtube.com/watch?v=n93eoaxhzpU

Just three or four people sitting round a table having a discussion.
That video was made a few years ago and some hearings these days are via telephone or video link.

Coupon-mad

waca1878 said:

Quick question, and thanks again for all the help, it’s really appreciated. Dad is very anxious about prospect of going to court, I’ve explained to him it’s very informal. 

Re the POC’s not actually setting out any allegations, should I explicitly be asking the court to strike out the case per 3.4 of CPR? 

Look at the sentence directly above the transcript image. It's all there.

I doubt this will get as far as a hearing, but if it does, you can attend and speak on Dad's behalf, as long as he is there with you too.

waca1878

Fingers crossed. Thanks again for your help and time. Greatly appreciated, and unexpected, so much online these days is toxic, bowled over by the help and support. 

waca1878

Hi All, 

Having followed all the advice here and submitted the defence we’ve now reached the point where a hearing is scheduled in the next few weeks and I’ve just received the witness statements from CEL along with a letter referring to additional travel costs etc that will be added on top once it goes to court and an offer to settle for about 50% of the claimed amount of nearly £300. 

The thought of going to court and increasing costs has got dad really worried. If they were to win at court does anybody know how much the court is likely to award? It’s causing dad so much anxiety I don’t know if it would just be better to accept the offer and see the back of it. 

nopcns

If the claim is for "nearly £300" then that is the maximum that can be awarded if you were to lose. However, as that amount includes fake damages which are not allowed in "small claim", it would be less.

CEL are trying to scare you into capitulating by mentioning "additional travel costs etc". They cannot claim anything beyond the court fee of £35 and the fixed legal cost of £50.

Why do you think they're prepared to settle for 50% of the claim? If they were so sure, they wouldn't even bother. This is all irrelevant anyway as you are likely to win or they will discontinue.

Coupon-mad

Hi All, 

Having followed all the advice here and submitted the defence we’ve now reached the point where a hearing is scheduled in the next few weeks and I’ve just received the witness statements from CEL along with a letter referring to additional travel costs etc that will be added on top once it goes to court and an offer to settle for about 50% of the claimed amount of nearly £300. 

If they were to win at court does anybody know how much the court is likely to award?

Less than the claim.  YES, LESS!

The Newbies thread already tells you this.

They can't add the false and inflated £82 that they probably did on the claim form AND they can't have other costs (travel, etc) unless a Defendant acts wholly unreasonably, e.g. :-

a - not sending their own WS bundle and/or

b - not attending a hearing.

PLEASE tell us you read the red capitals (shouty so no-one overlooks it) 'IMPORTANT: KNOW WHAT HAPPENS WHEN' section in the NEWBIES thread, and that you knew about (a) and he's done his WS bundle...?

After all, this won't be news to you or him, because the Hearing Order page two tells him about this and both parties' deadline.  

CEL have done theirs...

Coupon-mad

"offer to settle for about 50% of the claimed amount of nearly £300."

Please show a redacted pic of that letter.

waca1878

What makes you think they are likely to discontinue? Do they do that a lot? Seems odd they would pay the trial fee and then discontinue. I see your point but dad’s a pensioner and the risk of the costs just increasing is causing him real anxiety. I thought CPR allowed for travel costs etc to be recovered? 

2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –

(a) the fixed costs attributable to issuing the claim, calculated in accordance with Table 2 in Practice Direction 45;

(b) in proceedings which included a claim for an injunction or an order for specific performance a sum not exceeding the amount specified in Practice Direction 27A for legal advice and assistance relating to that claim;

(c) any court fees paid by that other party;

(d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;

Coupon-mad

There is zero risk of costs.  See my reply.

He just needs to do a & b right.  No risk as long as he does what is required.

Please show the reduced settlement letter (a photo, with data redacted) as I want to show it to the DLUHC.