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Post CCJ set aside - final hearing preparation

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  • Coupon-mad
    Coupon-mad Posts: 152,066 Forumite
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    edited 12 February at 10:26PM
    Paper hearing? Oh yes, DJ Iyer.

    Wait and see.
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  • Mega_Maniac
    Mega_Maniac Posts: 158 Forumite
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    Sending this off today, I am just trying to establish if there should be a separate costs assessment beyond the advice in the Template Defence thread?:

    29. In the matter of costs, the Defendant seeks:

    (a) standard witness costs for attendance at Court, pursuant to CPR 27.14

    I am only planning on claiming the costs of the N244 application, as I cannot prove I am losing work, nor can I really prove a specific income for a given day. So for me thats £275.
  • Car1980
    Car1980 Posts: 1,483 Forumite
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    Any car mileage (at 45p per mile)?
  • Mega_Maniac
    Mega_Maniac Posts: 158 Forumite
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    It's barely a few quid, but I guess I can stick that on. Do you know if there is any kind of template for the Costs Assessment  or if it should just go in the WS?

    Car1980 said:
    Any car mileage (at 45p per mile)?


  • Johnersh
    Johnersh Posts: 1,547 Forumite
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    edited 2 March at 7:48PM
    You could do an N260 if you wanted to claim unreasonable behaviour etc. 

    For just small claims standard costs that's probably overkill.

    Since court fee is fixed, you might want a Google maps print of mileage etc. Litigant in person rate might get you £45 for the hearing.
  • Mega_Maniac
    Mega_Maniac Posts: 158 Forumite
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    Johnersh said:
    You could do an N260 if you wanted to claim unreasonable behaviour etc. 

    For just small claims standard costs that's probably overkill.

    Since court fee is fixed, you might want a Google maps print of mileage etc. Litigant in person rate might get you £45 for the hearing.
    Ok thanks, and as my costs were 'reserved' from the first hearing, can I add costs that I did not add back then?

    And just to confirm - no separate costs assessment, just pop it all in the WS as well as mention it in the covering email?
  • Coupon-mad
    Coupon-mad Posts: 152,066 Forumite
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    How much in costs was reserved? Was it left open?

    If so, list it all and remind the court that the Order of DJ Xxxxxx dated DATE stated that the Defendant's costs were reserved.
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  • Mega_Maniac
    Mega_Maniac Posts: 158 Forumite
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    All the info I have is from the original order (post first hearing):

    • 3. Costs of the Application to be reserved until the final hearing
    The N244 fee was £303 
  • Mega_Maniac
    Mega_Maniac Posts: 158 Forumite
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    At the moment it looks like the court has basically ignored all requests to have the hearing in person, and I just got a reply saying the paper hearing has been delayed.

    As I said earlier however, at this stage I would be happy for this to all be done with regardless of how it turns out. Hopefully it goes my way on the paper. SIP did not update their own WS so it's still got mistakes in it, so I'm hoping that shows their incompetence in general. 
  • Coupon-mad
    Coupon-mad Posts: 152,066 Forumite
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    edited 15 March at 8:14PM
    All the info I have is from the original order (post first hearing):

    • 3. Costs of the Application to be reserved until the final hearing
    The N244 fee was £303 
    If the hearing proceeds as a paper hearing, send in a final Costs Assessment a week or 10 days beforehand, citing the previous Order to remind the Judge. Attach the receipt proof of paying £303.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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