RBS credit card claim won now new claim after sale by OC

[hammyhound]

Deleted

Edited May 2, 2010 by hammyhound

[hammyhound]

deleted

Edited May 2, 2010 by hammyhound

[pt2537]

you do not have to accept discontinuance,

[hammyhound]

deleted

Edited May 2, 2010 by hammyhound

[hammyhound]

deleted

Edited May 2, 2010 by hammyhound

[pt2537]

deleted?

[hammyhound]

PT

 

After receiving advice on another thread I decided to delete this in case the other side were watching.

 

Will update as and when.

 

HH

[hammyhound]

If the Claimants lose on the day can I apply for costs, do I need to send it to them 7 days before the hearing.

 

How do I set this out and what would be classed as a reasonable figure.

 

HH

[MARTIN3030]

It does not have to be 7 days before the hearing-I have had them sent to me on the morning of the hearing by special delivery-Barclays are prolific for this.

 

Get copies to the other side and the Court 24 hours before.

 

Theres no hard and fast figures-but you are entitled to claim LIP rates for your time,plus reasonable costs such as stationary,postage,travel etc.

 

There are some good threads on costs on the site.

If you do an advanced search you should find them-if you cant,hit the red triangle for pointers.

[postggj]

I Agree

 

As A Rule The Scedule Of Costs Needs To Go To The Court And The Other Side At The Latest 24 Hours Before The Hearing

 

I Give 7 Days Warning As A Rule

[hammyhound]

Do I set out the costs as in from the beginning of the case or just costs regarding the application.

 

HH

[postggj]

ive not done one of these

 

can you give me a link to the form you downloaded

[hammyhound]

Post there is no form I just took some details from here.

 

This is for a wasted costs order if need be but can be adapted to suit. I will probably use this for the summary judgment hearing.

 

 

Headed at the top as usual

 

DEFENDANT’S BILL OF COSTS

 

 

 

 

The Claimant commenced proceedings in relation to an agreement regulated under the Consumer Credit Act 1974.

 

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

 

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 Defendant’s fair estimate of the amount of time spent by him.

 

Claimed (£)

1 Date :

Particulars of Claim

 

2 Date :

Acknowledgement of Service

 

3 Date :

Defence

 

4 Date :

Allocation Questionnaire

 

 

 

5 Work Done

 

Receiving and considering the Claim Form and Particulars of

Claim ( hours) £

 

Travel to library for research £

 

Acknowledgement of Service ( hour) £

 

Research regarding consumer credit law ( hours) £

 

Preparing Defence (5 hours) £

 

Preparing Allocation Questionnaire and directions ( hours) £

 

Postage of Recorded Delivery Letters ( letters) £

 

Telephone calls with County Court ( x 15 minutes) £

 

Time spent in preparation of CPR letter

and letters to court ( hours) £

 

Total £

 

 

Signed……………………………………….

 

Dated :

[postggj]

point one would be the court cost if you issued the n1 claim

[hammyhound]

I have asked a couple of questions on this but still can't really get my head around it.

 

I shall start at the beginning rather than having different threads.

 

First of all RBS issued a claim against me - this was for a loan I had taken out with them. It was to pay off a previous loan and repayment of an overdraft lumped together - I gather this meant that the account had been terminated due to the fact they demand all sums not yet due.

 

Recently I received an order stating claim withdrawn.

 

On the same day funnily enough I received two default notices - one for the loan and one for the overdraft (what! the overdraft was paid off with the loan so to speak). Both invalid BTW

 

Can I ask, can they issue new proceedings or sell the account and if so would this be an abuse of court process as they had already withdrawn previously.

 

I thought that once the account is terminated ie issuing court proceedings then that is it and it would be pointless to issue new default notices as there is no account to default.

 

Or does it mean by withdrawing the claim it has put the account back in operation.

 

I do know they will issue a new claim

 

Does anyone understand what I mean

 

HH

[Mydogsawestie]

Hi hammyhound there is an example here on costs under cpr that I had filed & may be useful to you too...http://www.consumeractiongroup.co.uk/forum/legal-issues/137617-zhanzhibar-amex-aic-newman-23.html#post2371569

CPR 48.6 - Bill of costs.doc

[postggj]

Great Link Mydogsawestie

[summerbreeze]

Just a little pointer ...Dont underestimate and make sure you include everything.

 

I thought the Judge would never believe the actual amount of hours spent on my case so just claimed what I thought was a reasonable amount of hours.

I got my costs which the Judge described as ' modest ' and then proceeded to award me 50% of the amount claimed !!

[MARTIN3030]

I think surfaceagent also posted some good info on this.

[supasnooper]

WASTED COSTS THREADS

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

also

 

Liabilty for Costs CPR 38.6

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

 

and a B_R_W post on what else you can claim - B_R_W additional costs you can claim

Time limit for claiming costs - Surfaceagentx20

[hammyhound]

Thanks for all your efforts. I will use that bill of costs and send it to the court and to the other side by recorded delivery a few days before the hearing. Not received other side's yet.

 

HH

[Tonka99]

Hi Hammy

 

Just pushing this up the top for you

 

Tonks

[summerbreeze]

Hi Hammy

 

Did they discontinue after you had entered a defence?

 

I think that would make it harder for them to re- issue a claim

[hammyhound]

Thanks for replying summerbreeze

 

It was withdrawn with consent by myself. We were up to the CMC stage if that's any help.

 

I was advised on here that they cannot instigate a new claim because they had withdrawn but now I am not so sure.

 

HH

[summerbreeze]

Well I think that if you had submitted a defence and then they discontinued they would have to apply to the court and have a very valid reason to re-litigate against you regarding the same debt.

Did they claim the full total balance in their claim?