cupcake68 Vs Virgin **DISCONTINUED**

[pt2537]

ok, then if it was just under 15k you are AUTOMATICALLY entitled to costs by virtue of discontinuance,

 

Time to prepare your bill,

 

Case authorities which may assist is R v Wulfsjohn, you can bill them for a fair sum i would suggest,

 

I am preparing for the High Court next week so im a tad busy but i will give you some tips for how to get you where you need to be

[cupcake68]

Thanks PT

 

Thats even better news!

 

Thanks so much for your time again. I would have no idea that I could have now claimed from them!

 

Cupcake

[pt2537]

no, not claimed, you are entitled to your costs as detailed within the rules, and there is a case that really does set the ground for costs, Mr Wulfsjohn was awarded around £10k costs as a litigant in person if my memory serves me correct, however his case was far more indepth.

 

as i said, i will give you some pointers to push you in the right direction

[cupcake68]

Thanks so much

[frettful38]

Just read your thread cupcake and great news I am so pleased for you.

 

Well Done!

[gem77]

well done cupcake. 8-)

[cupcake68]

Thanks guys

 

Now I have to work my way through the expenses side of things! I know I have spent many any hours reading and trying to understand the whole proces but I can't imagine they wil be prepared to pay because I'm slow!! LOL

 

Also trying to fight Egg!!!

 

Cupcake

[cupcake68]

Hi Guys

 

Can anyone tell me. Is there a time limit as to when I have to put in my claim for charges?

 

Cupcake

[gh2008]

sooner the better have a look here http://www.consumeractiongroup.co.uk/forum/showthread.php?237396-N150-assistance-needed...please-**WON**/page19 from teh bottom of the page onwards goes into the issue of wasted cost in what is sometime excruciating detail

[gh2008]

and no, I'm not stalking you just you seem to be the only one posting on my subscribed threads

[cupcake68]

That's good for me then!

[cupcake68]

So I MUST accept their discontinuance?

 

Cupcake

[gh2008]

Nope, you can reject it and then apply for a SO BUT the Court won't like it as you will be seen as wasting their time. imho

 

Accept it, and get your costs back.

 

If they try again just remind them of this case & report them to the OFT.

My guess is that they will sell the debt (that's what Egg did to me ...)

[cupcake68]

Thanks GH

 

So from what I read last night and what I understood (!!) Assuming there is no difference between this case being fast track it apears £300 is about what I should expect. I just need to decide if I am going to ask for more and settle or just the £300.

 

Did I get any of that right?

 

Cupcake

[gh2008]

Costs are at the LiP rate of £9ish per hour + disbursements capped to 2/3 of what it would have cost, had you been represented.

 

Representation would have cost £2k at a guess and I think NGEddie put in for just over £1k (well inside the 2/3) and I think he got £600+ without going to Court, which he was happy with

 

I think his case got to a similar point to yours .... so those figures are sensible. £300 is the average people seem to settle for for some reason.

I am sure when you add up the hours you spent on here doing your research (absolutely valid to claim for it) ...

 

hsbcfiddled has recently posted on another thread that he was quote £20k to defend a CCA claim ..... Costs against the Rankines were £60k. Costs against BOS (-v- Mitchell) were in excess of £20k when BOS discontinued just before trial.

[cupcake68]

PT also suggested "a fair sum" as per his last post and although I have indeed spent hours and hours reading and trying to understand it all almost every night I find it hard to believe I can claim for my slowness! Others may pick it up quicker than I do. Not helped by the fact I have to wait until the evening to get some quiet time to get into it!

 

Cupcake

[gh2008]

http://www.bailii.org/ew/cases/EWCA/Civ/2002/250.html

 

useful re LiP costs

 

What are we to do? We are bidden by the Civil Procedure Rules to exercise our powers in such a way that the case is dealt with in ways which are proportionate to the amount of money involved, the importance of the case, the complexity of the issues and the financial position of each party so as to ensure that it is dealt with expeditiously and fairly, and allotting to it an appropriate share of the court's resources whilst taking into account the need to allot resources to other cases. It is those considerations which have led us to an endeavour to reach a just solution in this case with which both parties should be able to live.

 

There is one other document which was produced to us today which is from Waller & Company Solicitors which is dated today, and says:

"On the limited information that we have been provided by yourself [that is with Dr Wulfsohn], and the Citizens' Advice Bureau in the Royal Courts of Justice and having seen at a very preliminary stage the documentation with regards the above matter we would estimate that the legal cost would be in the region of £15,000 to 20,000 plus VAT."

 

We have taken that into account, though it is, of course, a very rough-and-ready assessment. Doing the best we can we think an appropriate approach is as follows. We accept from Mr Wulfsohn that he has spent a very considerable amount of time on this.

 

There have been a considerable number of hearings. The matter is of importance and complexity, as is shown by the fact that the Legal Services Commission, which must know its own regulations backwards, one would have thought, thought that a bill for £1,200 was appropriate merely for a hearing in relation to an order for disclosure. The hearing in front of Collins J was clearly a longer one. The applicant had to get all the documents in order (which he did) and produced a long bundle for them. He must have done a lot of research, and he has told us on evidence (which I have no reason to disbelieve) that he spent well in excess of 1200 hours altogether on this exercise so far. It seems to me that the right course in these circumstances is to start with the cap, if you like, as to what this exercise would have cost if it had gone to lawyers in the first place. Doing the best I can on the information in front of us, and being extremely rough-and-ready about it, I would put that figure at £15,000, which means that there would be a cap in relation to Dr Wulfsohn of £10,000. On top of that he does claim one or two things which are not caught by the cap in his schedule. I regard Dr Wulfsohn as having spent an amount of hours on this exercise which, at a rate of £9.25 per hour, would take him above the cap. I regard him as being entitled in principle to the figure of £10,000, to which I would add the charges for photocopying, postage and travel which, between them, come to £460.

 

I would allow the appeal, and I would award him costs of £10,460 in total.

Edited October 8, 2010 by gh2008
added quote

[cupcake68]

Thanks GH

 

I need to do more research!!

 

Can I claim for this time too?

[cupcake68]

Still trying to decide how much I should claim for (ie how many hours I think reasonable) but someting else has just come to light!

 

I have just checked my credit file and have a Default filed by Hillesden Securties dated 31/10/09.

 

Looking back through my file my DN from MBNA was dated 09/11/09 telling me I had to pay by 26/11/09.

 

So it would appear Hillesden defaulted my credit file before MBNA had terminated!!!!!

 

I have a letter dated 19/11/09 from MBNA telling me my account has been sold to Direct Legal DTI.

 

Cupcake

[gh2008]

I would not complicate things with CRA matters at the moment. A default in the credit file is not actually indicative of any real-life event - it is all pretty much made up by them as they go along.

 

re costs - put in for what you have spent on it. I would keep to a max of £1k + expenses (disbursements) £1k is only 110 hrs or something - not a lot when you add it up

[cupcake68]

Thanks GH

 

Can I just ask for the sake of other accounts I have.

 

Surely if Hillesden issued default on 31/10/09 they must have owned debt by then? Therefore MBNA should have DN'd and terminated before this date not after?

 

As I say not that I am about to stir up trouble with this account, more that I have the ammo up my sleeve with the others.

 

Thank you

 

Cupcake

 

Ps I will do as you suggest and keep claim under £1k.

[gh2008]

There is nothing stopping MBNA selling the debt (receivables) at any time even whilst you are still actively using the account. If the way you operate the account doesn't change then they don't even have to tell you they've sold it.

 

As I said, don't get hung up on things like this ..... we, as consumers, can get really involved in things like this thinking it's wrong, but it's not I'm afraid

 

Have a Google on the implementation of the new European Directive on assignment and that will explain it better.

[cupcake68]

Ok, wil do.

 

Thanks

 

Cupcake

[cupcake68]

I will do as you suggested later when it is quiet around here but can I just ask in the mean time?

 

Before Hillesden put a default on my credit file should they not have sent me a DN giving me time to remedy before default is applied?

 

Cupcake

[gh2008]

Ok, answer this for me

 

What does a default on your credit file mean?

Which law(s) govern this?