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ThankTuesday

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  1. Yes, I followed the advice... the claimant has sent their dispute details to the Court - however I have not heard anything from the courts since. I have emailed the court today to ask for assessment. The 2/3's rule I understand. It was more like 1/5 and 40% of the Bill. They have suggested the amount of hours i've claimed for in the Bill is reasonable at £9.25, however dispute it at £18ph.
  2. Case discontinued - Bill of Costs disputed - What next?? I have read through the Idiots guide to claiming costs, and followed the advice given. http://www.consumeractiongroup.co.uk/forum/showthread.php?179849-Is-there-an-idiots-guide-to-claiming-court-costs They disputed my costs and made an offer to settle, however I have refused this as it was well below the 2/3 rule, and seemed based on a ££££ I had previously suggested were my costs to that date. Plus before knowledge of the Lip rate rise to £18. I have written and suggested a more appropriate figure - I received a response stating - 'we are considering the content of my letter and will respond when possible'. 6 weeks has passed and on number of occasions the claimants solicitor has stated that the Bank are under pressure from the recent technical problems highlighted in the media and that they will respond when possible. I'm concerned that the window of time will elapse for my costs to be claimed. How do I start the process of the bill of costs to be assessed through the courts? To proceed to a hearing? Have I missed something?? This claim against me went on for 2.5 years. Any advice would be much appreciated.
  3. Right, I will get confirmation of strike out... and post response. Everybody’s comments here have really reassured me - thank you all!
  4. It was an unsecured loan. No track was allocated however we both proposed fast track - as the case was not complex.
  5. I haven't worked out costs yet. - 30 letters, 3 trips to the courts to file allocation questionairres, hours online reading threads and CPR rules.
  6. On the cover letter it states - Without prejudice save as to costs
  7. I did make suggestion to confirmation of the strike out and the court administrator suggested that the judges deal with thousands of issues and can’t send confirmations to all. I asked 3 times and told him about the letters I’d still been receiving from the claimant’s solicitors. He did clearly state that it would be an automatic strike out. Do you think I should send a letter and attach the recent communications from the claimant's solicitors and ask for written strike out confirmation from the judge?
  8. The claimant’s solicitors are now stating in writing that, if I don’t sign the consent order and return it by a certain date (mid February) – they will deal with my strike out application by filing a counter-application to strike out my defence.
  9. My concern is that this has gone on for so long and it's so time consuming. I just want to get it right and clear in my head and over. The particulars of the claim were shocking. The consent order was 2 clauses. (from memory - don't have it on me) 1. to discontine claim 2. No order as to costs
  10. The court administrator (guy who answered the phone) suggested I should refer the claimant to the courts. I have received letters from the claimant stating that they sent directions to the court, and that I should sign the consent order prior to the forthcoming court deadline... All lies - there is no directions, no forthcoming court date… As it is – as you suggest above ‘abuse of the court process’.
  11. I’ve just called the court again. They’ve received no directions from the claimant; they did not meet the deadline and have not contacted the court in the last 2 months. So, as you have said above, the claim would have been struck out. I would not receive notice - it is just automatic.
  12. Missed a bit off the end.... ....I then mentioned to the court that I had received a letter from the claimant’s solicitors suggesting they wanted to discontinue the claim to save costs and for commercial reasons. ....The court administrator then said, that I needed to make up my mind what I wanted to do?? Discontinue or have the claim struck out or continue...??
  13. Hey, Thank you for the responses! I called the courts last month - they said they were running 3 weeks behind. This was 4 weeks after the deadline for strike out. The court said that they had not received any further directions from the Claimant. However the claimant did send me ridiculous directions before the deadline for strike out and asked me to sign them. Which I refused to do - as they were ridiculous! The claimant has since told me that they sent these to the court. But the court confirmed that they had not received them. I then mentioned to the court that I had received a letter from the claimant’s solicitors suggesting they wanted to discontinue the claim to save costs and for commercial reasons. I will call the court again now. Many Thanks
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