CL Finance/Cohen Claimform - MBNA [ryanair] Credit Card debt **WON**

[AA99]

Good news for you Gazza:D Encouraging for all Caggers too:D

[Gazza112]

Thanks Sunflower

[Gazza112]

Thanks AA99 as you said will help the other Caggers to fight there cases when they get to that stage.

 

Gaz

[Gazza112]

Hi All

 

The Following is my wasted costs i was allowed by the Courts.

This may help others who are or want to put in wasted costs.

 

Case No:

IN THE XXXXX COUNTY COURT

B E T W E E N:

 

Claimant

 

-and-

 

 

Defendant

 

 

MR XXXXXXX

 

 

DEFENDANT’S BILL OF COSTS

Costs Payable by the Claimant

CPR 38.6 and CPR 44.12(1)(d)

 

The Claimant commenced proceedings in relation to an agreement regulated under The

Consumer Credit Act 1974. The Claimant was the assignee of a judgment obtained by the

original creditor to the agreement in the Shoreditch County Court in 1993. The proceedings

Constituted reiteration and were an abuse of process. The proceedings were defended and

the Defendant applied to the court for an order that the proceedings be struck out.

At all times the Defendant was a Litigant in Person within the meaning of Litigants in Person (Costs and Expenses) Act 1975 and time spent by the Defendant is charged herein at an hourly rate of £9.25.

 

The nature of the case being one of reiteration required the Defendant to spend time in

locating and examining the documents and other papers which related to the proceedings of 1993 which had been begun by the original creditor and in considering the way in which the 1993 proceedings affected the proceedings begun by the Claimant.

The Defendant was obliged to spend time in considering and understanding numerous strands of law including the law of consumer credit, the law of limitation and practice and procedure in the County Court which he achieved through internet and library research.

The Defendant was obliged to spend time in drawing his defence in a way which complied with the relevant rules and practice directions of the CPR.

The matter of costs and the relevant rules and practice directions of the CPR in reference to the detailed assessments of costs as applied to Litigants in Person.

The following is a statement of the work done in the course of the proceedings. Where there is a charge for time spent, the amount of time recorded as spent represents the Defendants fair

 

Estimate of the amount of time spent by him

Claimed (£)

1 Date 9th March 2009

Particulars of claim

2 Date 26th March 2009

Acknowledgement of Service

3 Date 5th May 2009

Allocation Questionnaire plus a Draft Defence

4 Work Done

Receiving and considering the Claim Form and Particulars Claim (3 hrs) £27.75

 

Searching for and locating the papers and other documents relating

to the 1993 proceedings (4 hrs) £37.00

 

Acknowledgement of Service (1 hrs) £9.25

 

Research regarding consumer credit law, law of limitation

law regarding reiteration (15 hrs) £138.75

 

Preparing Bemused Defence (4 hrs) £37.00

 

Preparing Application Notice (4 hrs) £37.00

 

Research regarding CPR 38.6 and CPR 44.12 (10 hrs) £92.50

 

Research regarding detailed assessment proceedings

and Litigants in Person (Costs and Expenses) Act 1975 (10 hrs) £92.50

 

Preparing bill of costs and notice of commencement of

costs proceedings (4 hrs) £37.00

 

Time spent in telephone calls (1 Hour) £9.25

 

Letters Sent to all parties = 14 (£12.00 per Letter ) £168.00

 

Summary

 

Costs payable by the Claimant £685.00

 

Dated:

 

Signed:

 

 

 

Gaz

[citizenB]

Thanks for that Gazza, it will surely help others:D

 

BTW, guzzleguts has a court hearing in respect of his costs. The other side have put in a Witness statement opposing the costs. Did this happen to you ?

[letsgetitsorted]

well done Gaz,

cracking result

[Gazza112]

Thanks for that Gazza, it will surely help others:D

 

BTW, guzzleguts has a court hearing in respect of his costs. The other side have put in a Witness statement opposing the costs. Did this happen to you ?

 

Hi CitizenB

 

No, the otherside didn't and in my case there's no grounds for appeal for the otherside. As i sent them a copy of the costs and a deadline for them to submit an appeal to the costs which the refused to answer too.

I'll hunt out the letter that i sent the otherside and post it up on the thread.

 

 

Gaz

[vjohn82]

How much was the claim for by the way and which track was it allocated to?

[angel_1]

hiya gazza

 

very well done and continued good luck for 2010 will read your thread more later today

 

thanks for the updates too very helpful

 

wow it just shows it can be done guys never give up

 

laters angel x

[Gazza112]

How much was the claim for by the way and which track was it allocated to?

 

 

Hi VJohn

 

Your see the what they was asking for in post 290, it was for £1340.00

It was allocated to a fast track, but nothing happened as they never filed there AQ's for this one and they was also given extra time to submit them.

 

Gaz

[Gazza112]

Hi Angel

 

Thanks for that, you was a great help in giving me advice on my threads as well as all the other caggers.

 

Gaz

[vjohn82]

Hi VJohn

 

Your see the what they was asking for in post 290, it was for £1340.00

It was allocated to a fast track, but nothing happened as they never filed there AQ's for this one and they was also given extra time to submit them.

 

Gaz

 

Ahhh I got ya...

 

In mine Turnbull are claiming that it was allocated to the small claims track but I never received any allocation notification from the court. I assumed that it was either "trackless" or "multi-track" until a the DJ decided?

[Gazza112]

Hi All

 

Right just an update and what i need to do next.

Not received a cheque from CL Finance at the moment, allthough they still have to the 1st February to reply.

Just wanted to ask what do i do if they don't reply.

Do i send them a 7 day warning letter (Pay up or further proceedings will be taken) Or do i hit them with Court Baileffs.

 

Gaz

[vjohn82]

Probably just wait until the deadline is up... give them a call to find out what is happening... then report back

[lexis200]

How cool would it be to send the bailiffs in?!!

[Gazza112]

How cool would it be to send the bailiffs in?!!

 

 

Hi Lexis

 

Yes, you can just see there faces :eek: when the bailiffs start knocking at there door.

 

Gaz

[AA99]

Hi All

 

Right just an update and what i need to do next.

Not received a cheque from CL Finance at the moment, allthough they still have to the 1st February to reply.

Just wanted to ask what do i do if they don't reply.

Do i send them a 7 day warning letter (Pay up or further proceedings will be taken) Or do i hit them with Court Baileffs.

 

Gaz

 

 

1st Feb is Monday so discount the weekend! I'd have a letter to the court ready to hand deliver after the post on Monday:cool: Tell tale tit

At least it may get them fined/reported:razz:

[Gazza112]

Hi AA99

 

I know when CL Finance paid the last wasted costs on the other Court case. It ended up 2 weeks past the Courts Deadline and that was for only £6.10 .

Yes, might do what you said and get a letter of to the Courts if nothing arrives by Monday.

 

 

Gaz

[AA99]

Oh! I'd forgotten about that one

 

Without going back hundreds of posts, was it the court that ordered the date of 1st Feb or did you and CL agree it:confused:

[Gazza112]

Hi AA99

 

No, it was the Court that ordered that they had to pay by the 1st February. I would post it up here, but better not, just they decided to snoop. As soon as i get a reply from them, i'll post the order up.

 

Gaz

[Gazza112]

Hi All

 

Well today was the final day for CL Finance/Howard Cohen to pay my wasted costs order.

Is there any template letters flying around that i could us to send CL Finance.

 

I was thinking of also send the Court a letter stating they have not complied with the District Judges order and a copy of the letter that i will be sending CL Finance.

 

 

Gaz

[citizenB]

Hi All

 

Well today was the final day for CL Finance/Howard Cohen to pay my wasted costs order.

Is there any template letters flying around that i could us to send CL Finance.

 

I was thinking of also send the Court a letter stating they have not complied with the District Judges order and a copy of the letter that i will be sending CL Finance.

 

 

Gaz

 

Not as such Gazza, how about....

 

Dear sirs,

 

CLAIM NUMBER

COURT REF

 

As you are well aware an order was made for Wasted costs in my faovour by Judge ??? on DATE.

 

Your claimant was ordered to pay these costs by DATE and I have not yet received a cheque in the sum of ..£xxxxx

 

Please find enclosed a copy of that order for your reference.

 

If I have not received your client's cheque by DATE, then I will be considering my options and any further costs involved in recovering monies owed to me, will be added to my claim.

 

Yours etc..

 

You may want to wait a while to see if there is a better solution before you need to take some kind of enforcement action.

[Gazza112]

Hi CB

 

Thanks for that, no i think that letter will do the trick.

The Court took a copy off my cost and a copy of the N252 which shows that £300 will be added if they don't copply on the day of the hearing.

 

Gaz

[citizenB]

Hi CB

 

Thanks for that, no i think that letter will do the trick.

The Court took a copy off my cost and a copy of the N252 which shows that £300 will be added if they don't copply on the day of the hearing.

 

Gaz

 

Oooh, nice one.. would you get the extra £300.00 ??

 

Almost makes you hope they dont pay

[Gazza112]

Oooh, nice one.. would you get the extra £300.00 ??

 

Almost makes you hope they dont pay

 

 

Hi CB

 

Well, it was all laid out in a letter i send CL Finance explaining and giving them to put in an appeal. But as always never heard from them and they never came to the trial, so really they have accepted what i put in the letter and on the N252.

 

But they was late in sending me the other wasted costs cheque through although that was for £6.10 .

 

Gaz