Unknown CCJ with some complexities- please help

beamerguy · 21 October 2017 at 11:36AM

"Secondly- We have got a letter in this morning from the opposition for costs these include:
fixed fee for instructing advocate £100
advocate fee £55
vat £20"

The courts are well aware of the CCJ problem especially
with companies who fail to try and trace the person at
their current address.
UKPC are one of those companies and must be questioned
if they acted correctly

Theresa May vowed to investigate this problem over a
year ago but clearly did nothing, as is her bad habit
http://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

Their claim for costs is menacing and should be brought
to the attention of the court.

They forget to say, that if they lose, and they probably will,
they will then owe you the costs involved in this

[Deleted User] · 21 October 2017 at 11:37AM

In the event of a loss the disbursement costs (advocate fees) may well be recoverable. The costs of solicitors are not recoverable. It should also not cost more to instruct an advocate than the brief fee - basically all they will have done is forward your documents and said defend it.

Your schedule of costs should be served on the claimant at least 24 hrs prior to the hearing.

wdm1985 · 21 October 2017 at 12:13PM

Hi John ( +the rest)
so at this point... if we are granted the set aside do the court refund the £255?
Whilst I understand your point about the costs- how do I go about highlighting that? am I right in that I pay nothing if the set aside is won? I find it all so confusing. Can you advise regarding documentation?

what schedule of costs are we supposed to submit to them? is there an amount i can claim fo rloss of earnings etc

wdm1985 · 21 October 2017 at 12:16PM

Thanks Pappa- I have provided what I think is a fairly robust defence for the set aside never mind overturning the ruling. So I don't think we will lose the set aside. So i feel like We should be making sure or time is paid for and the fee is reimbursed- I was under the impression you could get this refunded?

But...

I just don't understand the financials- what is paid when. I have no doubt they are trying to frighten us into submission with this. We wont give up.

wdm1985 · 21 October 2017 at 12:26PM

for example I would be thinking
£255 court set aside fee
£90 lost wages (wife)

If a witness goes are they also allowed lost wages?

Umkomaas · 21 October 2017 at 12:38PM

wdm1985 wrote: »

for example I would be thinking
£255 court set aside fee
£90 lost wages (wife)

If a witness goes are they also allowed lost wages?

Look at LoadsofChildren123’s template comprehensive costs schedule in the NEWBIES FAQ sticky, post #2 which will give you plenty of ideas. Frighten them back!

LOC is a lawyer.

[Deleted User] · 21 October 2017 at 1:38PM

There are 2 strands to such hearings, generally.
1. Why did C get judgment in default and is there a reason to set aside?
2. If it is set aside is there a reasonable prospect of being able to defend?

Once set aside, you must ask the court if you may make submissions as to costs. That is when you ask for your court fees (and any additional costs back). It won't be gifted to you automatically. Don't ask: don't get. That said, if an application is "won" the presumption is that costs will be recoverable.

wdm1985 · 21 October 2017 at 2:19PM

HI UK- many thanks

Not sure how appropriate that is at the minute as that was after the case was discontinued. This is for the set aside We just want to make sure we get our money back for the 255 and lost wages at this point. Also need my wifes credit rating back as we have to remortgage this yr.

Can anyone advice legality of advocates and what they have to do to prove they have legal right to represent?

wdm1985 · 21 October 2017 at 2:43PM

http://www.parkingcowboys.co.uk/right-of-audience/

just been reading this off the prankster, If they send an advocate (which they have already told me they will do) and a representative from UKPC is not there, does that give me grounds to question it? or because they have been appointed by the law firm are they ok? its all very confusing

Coupon-mad · 21 October 2017 at 4:42PM

wdm1985 wrote: »

also- how do we know that an 'advocate' has right of audience with the judge...

Can anyone advice legality of advocates and what they have to do to prove they have legal right to represent?

Here's one of several threads where this is covered, plus a 'preliminary matters' template you can use:

http://forums.moneysavingexpert.com/showthread.php?t=5640934

Did you find LoadsofChildren123's costs schedule, linked in post #2 of the NEWBIES thread? Is the Defendant your wife and are you both attending or just your good lady?

Unknown CCJ with some complexities- please help

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