Help.. Just recieved OP costs bill for £5000 for Civil Action

[Bookworm]

Whether she attends or not is irrelevant, I think you may be confused about what will happen on the 28th (either that or I need to re-read your thread when I am not 1/2 asleep, so apologies if I don't make sense, I just wanted to reply quickly before bed).

 

This is a set-aside application, yes? So you are going to court on that date to say that the judgment should be set-aside because you never got the summons and therefore never had a chance to defend yourself. the over-riding objective means that the case should be set aside and that you should be given a chance to defend, and that you have a realistic prospect of defending and should be given the opportunity. That's pretty much it.

 

Once and only once the judgment has been set aside will you need all the rest of the stuff to defend the case itself, but for now, you are only concentrating on getting the default judgment set-aside. Thi seffectively will reset the clock as if that default judgment had never happened.

 

Does that make sense? (Or have I gone completely bonkers? If yes, say so and I promise I will re-read thread tomorrow!!! )

[groovycaz]

Bookworm....where have you come from lol, you pop up everywhere,

 

yes it is a set aside hearing, am i over reacting? my main worry is that their Sols want my money, the OP is not even involved any more as her legal aid has been discharged so i've been worrying that her Sols are acting for themselves for my money:eek:.

 

And the case is still on going but she cant afford she says to continue..

 

Thank you bookworm...Gc

[surfaceagentx20]

GC,

I've been over the old stuff. One of the first questions I asked was:

 

have the proceedings been finally concluded? If so, with what result? If not, what remains to be done? The relevance of these questions concerned whether there was a right to proceed with detailed assessment. I'm not so sure the questions were ever answered. Care to?

 

Next, as for whether there is an obligation for your opponent to attend the forthcoming hearing, the answer is no. The opponent is legally represented. There will be no opportunity or requirement for the opponent to give evidence.

 

Last, this is a hearing of your application. You have to do the donkey work. Have we been shown a copy of yuor aplication notice? I couldn't see that either. If it's somewhere in the thread, what is the post number? If I could read it I would be able to suggest what else you might need to prepare.

 

x20

[groovycaz]

Thank you surfaceagent,

in answer to your question, no the case has not been concluded yet, there are other issues and she has failed to adhere to the original order where it was ordered that she provide us with a key to the caravan as she had changed the locks, we requested through her Sols several times for the key but we received no answer, also she was ordered to return our new television and DVD player which she removed from the van, again her Sols ignored our requests, also while we were locked out through the winter months, she did not drain down the pipes so when we did gain entry there was flood damage which we took photo's of as all the pipes had burst but she would not accept responsibility, so we paid to get it repaired and told her Sols that we would be deducting the amount out of her share, so all these issues are yet to be resolved, after my application to have the order set aside i received the following letter from the court, i replied that the application was to set aside the costs order.

 

http://i192.photobucket.com/albums/z274/joshsam03/002.jpg

 

http://i192.photobucket.com/albums/z274/joshsam03/001.jpg

[groovycaz]

http://i192.photobucket.com/albums/z274/joshsam03/001.jpg

 

http://i192.photobucket.com/albums/z274/joshsam03/003.jpg the order page 1

 

http://i192.photobucket.com/albums/z274/joshsam03/005.jpg the order page 2 there was a mistake and no fast track case was listed as stated

 

http://i192.photobucket.com/albums/z274/joshsam03/002-1-1.jpg the original order

 

http://i192.photobucket.com/albums/z274/joshsam03/002.jpg after my application to set aside

 

http://i192.photobucket.com/albums/z274/joshsam03/004-1.jpg my reply

 

If there's any other info you can advise on or i'm missing something please advise, and thank you so much for replying..Gc

Edited September 21, 2009 by groovycaz

[groovycaz]

Hi all

No to the set aside, the DJ said I should have applied when I got a copy of the order, he did asked the Sols for the OP whether they had added other costs onto the detailed list of costs which he said yes and I'd replied, The DJ said I would be able to dispute the costs when we come back to court for the assessment hearing.

Was speaking to the OP Sols outside who was ok, he said that they were not bothered who paid their costs just that they needed to be paid for the work that had been done, he told me that 2 lists of costs were drawn up, 1 covered by her LSC and another which was higher, he said it depended on our financial circumstances as to how much we would have to pay..Gc

[groovycaz]

Hi everyone

 

Got my detailed assessment hearing tomorrow, dreading it, just getting all my docs in order so I can put up a good fight

 

Will let you know the outcome:confused:...Gc