Unable to pay order for costs - still on going but relates to unpaid service charges dating from 2008.

[honeybee13]

Thanks Andy. I've got the forms done and will hand to court later today. Will be glad to have a break from it and try and enjoy the nice weather.

 

Hello there.

 

I expect it's a bit quiet here because it's the weekend. I expect the guys will be along later or tomorrow.

 

Did you hand the forms in please?

 

HB

[marloes]

Hi Honeybee, yep I did hand in the forms.

 

I'm unsure why costs are 'to be assessed' when this was on the small claims track.

Aren't SCT claims costs supposed to be fixed?

[Andyorch]

Hi can someone clarify the procedure that has to be followed in how costs are assessed.

 

The claimants solicitor has sent a list of the costs they want including estimated future charges.

 

Doesn't the solicitor have to follow the CPR re costs?

 

Don't they have to send an N245 Notice of commencement with a fully itemised bill of costs?

 

This case was on the small claims track.

 

Not for costs on an hearing only on a total case claim.(if you are referring to the £1500.00) thats should have been objected to on the day.

[marloes]

My concern here relates to the total costs for the claim and not the interim cost order.

 

The claimant put in and was granted an application to enter judgment for the claim ( as I couldn't pay the interim cost order)

 

How does the procedure work for the claimant to claim costs that are 'to be assessed'.

I know they are entitled to fixed costs on the SCT so how will the other costs be assessed.

the order states 'costs to be assessed on the standard basis'

 

I need to now so I can respond to their letter claiming £6.5k in costs.

 

Thanks.

[Andyorch]

As per Post # 19 marloes

[marloes]

I'm getting v confused.

Does it mean that there will be a detailed assessment?

If so does the solicitor have to send an N252 Notice of commencement and a full and final bill of costs?

 

At the mo, I 've only had a bill including estimated costs.

[Andyorch]

http://www.guildhallchambers.co.uk/uploads/docs/section9/ClaimantConducts&CostsORM.pdf

[marloes]

Hi, haven't posted in a few months as things on my case are in limbo.

The claimant still hasn't applied to have costs assessed and the costs issue is so confusing I' m not sure what to do.

 

Does anyone have any info or experience on costs.

 

Thanks

[andydd]

Hi.

 

As you say its a pity you didnt seek help/advice about tyhe service charges earlier, Im thefreehold/service charges 'expert' here and may have been able to help.

 

So do you dispute any of the service charges, to be payable the freeholder must jump through a lot of hoops, the SC must be recoverable under the lease, it must be reasonable in amount, it must be demanded in accordance with the lease AND applicaple laws such as S47/S48 (Landlord name on demand), and correct Summary of Rights attached to demand, etc.

 

It's unclear from reading the posts whether final judgement has actual been made for this case, it only appears so far that judgment was made for the £1500 costs due to your change of defence, even though its on small claims track, it is the norm that you will have to agree to pay the other sides costs as a result of your change of defence BUT as mentioned above I'd conisder the cost should be perhaps a couple of hours of solicitors time = £400 NOT £1500, I cant see a reason to get counsel involved at that early stage...it may be too late to challange this though.

 

As for the £6K costs, it doesnt appear to me as if this is payable, has the court commented on this ?, as we all know whilst the c'hange defence' costs are recoverable, any other costs are NOT on small track UNLESS there is a very good reason.

 

So questions are:-

 

Have you got a defence to service charges (or believe they are too high or unreasonable, if so a transfer to LVT (now FTT) maybe possible.

 

Has the whole case actually been completed ?

[marloes]

Hi again, costs still not assessed but I have another question for those in the know.

 

I was unable to pay the ccj in full so applied to vary the order to instalments.

A hearing for the variation has been scheduled for early next year.

My bank is now going to pay the claimant the order in full.

 

My question is do I need to do anything regarding the hearing scheduled for next year?

Or is it the responsibility of the claimant once they've received payment to inform the court that the ccj is settled?

What happens if full payment is made to the claimant but they fail to inform the court?

[Andyorch]

The court needs to be informed by either you or the claimant that the matter is settled and to vacate the hearing...if its next week inform them ASAP.

 

Andy

[marloes]

Thanks for the reply Andy.

Is there a special form for this or will a letter suffice?

 

I rang the court and asked but the person on the phone said only the claimant could tell the court that payment had been made in full.

[andydd]

Surely its upto the claimant to tell the court, as they are the one who paid the fees, etc

[Andyorch]

If its your hearing and application for variation then its your responsibilty to vacate that hearing ...not the claimants....they can inform them that the claim is settled.

[marloes]

Thanks Andy.

 

Just want to verify something.

If the CCJ has been paid but costs still not assessed is the CCJ still settled?

Just want to confirm that they are separate orders.

[Andyorch]

If the costs were given as a seperate order and not included with the judgment then yes they are a separate matter.

 

Regards

 

Andy