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my draft defence Gladstones - PCM Court action

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  • Sassii
    Sassii Posts: 251
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    Hi, Could I send the WS & evidences to the Claimant by email or I have to send Hard copy.

    Regards
  • Sassii
    Sassii Posts: 251
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    Coupon-mad wrote: »
    Yes and yes, if you are up to appeal the other decision not to set aside a CCJ.

    Just received a letter from the court that the claim is struck out as claimant failed to pay the court fee, but already WS & evidences sent to court. the court booked a hearing date to discuses the my costs,any advise / ideas?. I knew some claimed 19/hr but I don't know which law they depend on, can I ask for more?.

    Regards
  • beamerguy
    beamerguy Posts: 17,587
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    Sassii wrote: »
    Just received a letter from the court that the claim is struck out as claimant failed to pay the court fee, but already WS & evidences sent to court. the court booked a hearing date to discuses the my costs,any advise / ideas?. I knew some claimed 19/hr but I don't know which law they depend on, can I ask for more?.

    Regards

    That is good to hear:T

    OH DEAR OH DEAR, Gladstones ... why are you so incompetent ?
    If you don't know, do yourself a favour ... GET MEDICAL HELP

    To the OP .... don't rock the boat, just get your costs
  • I'm glad to see the court has given a hearing to consider costs. Usually they just allow a discontinuance and you then have to fight for your costs.


    The provision allowing you to claim £19 per hour is here:
    Practice Direction 46 (paragraph 3.4) and CPR Rules 45.39(5)(b) and 46(4)(b)

    You need to make a list of the time you spent on each different thing:
    Eg:


    Time spent on documents


    Reading:
    Statement of Claim x minutes
    C's Directions Questionnaire x minutes
    Court order (allocation and timetable) x minutes
    [IPC/BPA] Code of Practice


    Drafting:
    Acknowledgment of Service Form x minutes
    Defence x minutes
    Witness statement x minutes
    Directions Questionnaire x minutes


    Other work done on documents:
    Obtaining copy documents for WS x minutes


    Research


    Researching law and procedure: x hours/minutes


    Correspondence
    x letters to/from Claimant's solicitors x minutes
    x letters to/from court x minutes


    Telephone
    x calls to/from Claimant's solicitors x minutes
    x calls to/from court x minutes


    Costs
    x first class postage £x
    Stationery/printing costs £x
    any others?


    Other
    Visiting court to deliver/file docments [if applicable] x minutes
    Site visit to take photographs and collect evidence x minutes


    X hours x minutes at £19 per hour = £
    plus £x in costs
    Total: £xxx




    Draft something like that up. sign and date it. Send it to the solicitors and invite them to agree costs. They are VERY unlikely to want to turn up at court to argue about the costs and should make you an offer.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • When is the hearing date? I'd wait a little while to send that in order to avoid a scenario where Gladstones try to pay the court fee - there've been a few examples of this recently where the court accepted late payment and allowed the case to go ahead. The later they are the less likely the court is to do this (and even if they try I wonder if they'll get away with it given the court has listed a costs hearing).
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Sassii
    Sassii Posts: 251
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    edited 14 October 2017 at 1:03PM
    When is the hearing date? I'd wait a little while to send that in order to avoid a scenario where Gladstones try to pay the court fee.

    No time for Gladstones & no time for me to send a letter to court I'll take it with me. PCM / Gladstones already missed the day to send their evidences. Hearing is very soon and I asked for costs in my struck out request letter and that is why the court booked a hearing for that.

    Regards
  • OK, send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Sassii
    Sassii Posts: 251
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    Coupon-mad wrote: »
    Yes and yes, if you are up to appeal the other decision not to set aside a CCJ.
    OK, send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.

    Thanks v much for you guys specially Coupon-mad & Loadsofchildren123. Court ordered PCM to pay £1500 costs to me

    Loadsofchildren123: the court are impressed from your cost summary ''never seen professional one like that before'' judge said.

    Now I'm going to fight the other case appeal


    Regards
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504
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    edited 16 October 2017 at 1:26PM
    omg, that's fantastic, £1,500!!!!! Made my day!


    Did anyone turn up from Gladstones/the PPC?


    Don't forget to enforce the payment via bailiffs if they don't pay in time. You have to apply for a warrant of control, but it's a paper exercise. When were they ordered to pay by? 28 days?
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • beamerguy
    beamerguy Posts: 17,587
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    Brilliant :beer:

    And well done to Loadsofchildren123 for the praise of the judge

    GLADSTONES .... TUT TUT TUT
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