MBNA - (Abbey & Virgin cards) CCA ??

[guzzleguts]

Thanks car for sorting that so quickly.

 

GG

[pt2537]

lol

 

are they serious?

 

may be worth a look at CPR 3.9 as this covers relief from sanctions, such as the failure to seek costs at the hearing

[guzzleguts]

Thanks for looking pt, will take a look at that.

 

GG

[guzzleguts]

Hi pt

 

Had a look at 3.9, i didnt ask for costs at the hearing, and then was advised by the court to file an N244 for a costs order against the claimant. I did this and it was refused stating i should of asked at court.

 

I then filed a second application notice stating i was a litigant in person with no previous court experience, and as the hearing ( when i got the case struck out) was quite intense i didnt think of asking, and the fact i didnt know.

 

If you do look on my thread again pt, the original DN is the reason i got their claim struck out due to not allowing enough time to remedy, the judge did state that the claimant could serve a second DN which they did 3days after the hearing in oct09 and around 8 months after the first, the account was terminated shortly after the first one expired, the second one has the same amounts and detail ( its still one day short i dont think they could get it right with ten goes at it) i would really appreciate your view on the legal position on the second DN, i did bring it up at the hearing, that it was terminated but the judge said i couldnt have it both ways, i said but that would be unlawful recession of contract, and the judge didnt answer just scowled at me.

 

 

Sorry for the long post

 

GG

[guzzleguts]

If pt or car, looks in on this thread, i am in court later this week for my application, re set aside the judgement to refuse me costs, in the case i won but failed to ask for costs at the hearing.

 

I have filed a witness statement in support for my request for costs, but if there is any info you could give me that could help me, it would be much appreciated.

 

Regards

 

GG

[guzzleguts]

Thanks CB for the PM.

 

I would appreciate any advice on this issue in the above post. I realise costs should have been asked for at the original hearing. But i have had costs awarded after the original hearing in another case.

On the courts advice i was asked to file an n244 on my G E Money thread, and was awarded costs last December at a hearing.

 

There is no difference to this case and that case, they were both struck out and i didnt ask for costs on the day.

 

This issue has now been referred back to the original DJ for Judgement, but the claimant has now file for costs of this hearing, as above.

 

Please could the site team advise, I am pressing the red triangle on advice from CB site team.

 

Thanks in advance.

 

GG

[citizenB]

Hi pt

 

Had a look at 3.9, i didnt ask for costs at the hearing, and then was advised by the court to file an N244 for a costs order against the claimant. I did this and it was refused stating i should of asked at court.

 

I then filed a second application notice stating i was a litigant in person with no previous court experience, and as the hearing ( when i got the case struck out) was quite intense i didnt think of asking, and the fact i didnt know.

 

If you do look on my thread again pt, the original DN is the reason i got their claim struck out due to not allowing enough time to remedy, the judge did state that the claimant could serve a second DN which they did 3days after the hearing in oct09 and around 8 months after the first, the account was terminated shortly after the first one expired, the second one has the same amounts and detail ( its still one day short i dont think they could get it right with ten goes at it) i would really appreciate your view on the legal position on the second DN, i did bring it up at the hearing, that it was terminated but the judge said i couldnt have it both ways, i said but that would be unlawful recession of contract, and the judge didnt answer just scowled at me.

 

 

Sorry for the long post

 

GG

 

GG, I have brought forward the two relevant posts. Also, did you look at 3.9 as advised by PT ?

 

Oops, just noticed you did. In you N244 application did you explain why you hadnt asked at court and that was why you were seeking relief from sanctions ?

[guzzleguts]

Thanks CB

 

I did state why i didnt ask for costs at hearing in my N244.

 

CPR is not relevant in this case, as the claimant is now claiming for costs for this application hearing.

 

Is it correct that solicitors have to file for costs for a hearing like this 28 days before or is that not compulsory.

 

Regards

 

GG

[guzzleguts]

Thanks SS for the PM and info

 

Regards

 

GG