worried about ticket from civil enforcement ltd***Cancelled***

[Scouse Magic]

I dont travel up and down the country.

 

Well why dont you start helping OPS with cases and give them your pearls of wisdom and see what costs they want to get back.

 

And no its not incorrect about faxing the court

 

Why Dont you ask Peter Haswell how he often drops cases???

 

How many cases Peter Haswell drops whether it is on the correct form or not is of no matter.....

 

You quote 35 cases, that amounts to 35 defendants out of pocket for your help....Yes they can fax the court if it is on the correct form

[Liverpool way]

No this is not normally the case. When cases are withdrawn it is a case of the claimiant simply informing the court of their intention to vacate/withdraw.

 

This can be done via post/email/fax etc

 

 

Kirkby you are incorrect, please read the following excerpts from my court case in March of this year......This is from a judge, so is fact not opinion.............

 

 

4. The claim in fact was discontinued in January of this year. It was not discontinued

on the proper form, there was no confirmation (as the Rules require) that the

Defendant had been informed of the intention of the Claimant to discontinue and

that any costs incurred by the Defendant had been agreed with her.

 

10. In relation to her costs, there is clearly no difficulty at all. She will recover those.

The Claimant notwithstanding being advised by the Court that the application to

adjourn was not being granted, makes no appearance or indeed any

communication with the Court whatsoever. My reaction to that is that any firm

of solicitors, and it may well be that Mr Sobell is the only solicitor employed by

that firm, but notwithstanding that, any solicitor in practice engaged in litigation

who simply fails to attend Court, does not take notice of a message that was left

on his firm’s answering machine, even if he is hospitalised, as per the 15th March

application avers, must have some administrative staff to ensure that whilst he is

personally unable to work, that the work is going to be covered. The world does

not stop simply because a solicitor goes into hospital.

11. And I am not impressed by the absence of any response to the telephone message

that was left and the fact that he even thought it was appropriate to apply for an

adjournment in the first place when it would have been easy to engage either

another solicitor by way of an agency agreement or simply to instruct counsel to

attend on behalf of the client.

12. So I am dealing with this counterclaim in the absence of anything from the

Claimant and also, as Miss Fever has pointed out, in the absence of any

documents put forward in defence of the counterclaim.

13. The way in which the claim was being pursued is quite frankly a mess.

 

 

No McKenzies friend required!

[kirkbyinfurnesslad]

In that case mrs scouse magic why dont you get over to the pepipoo forum

 

Speak to the people on there who have handled lots of PE cases and CEL cases that have been dropped/discontinue by CEL and start correcting them then

 

I am sure they would appreciate your pearls of wisdom !

[Liverpool way]

In that case mrs scouse magic why dont you get over to the pepipoo forum

 

Speak to the people on there who have handled lots of PE cases and CEL cases that have been dropped/discontinue by CEL and start correcting them then

 

I am sure they would appreciate your pearls of wisdom !

 

It is up to the defendant and/or their advisors whether a McKenzies friend or not, ( although i believe McKenzies friend only applies to criminal court, not the small claims track), to claim costs, so I cannot speak about other individual cases, however you clearly do not think costs are relevant, and that is a matter of concern?

 

Kirkby why dont you just thank me for my useful post, admit you are wrong, accept constructive criticism and be reflective and more knowledgeable in any future representations you should make to individuals going through the court process.

[kirkbyinfurnesslad]

Costs are not the be all and end all for most Ops.

 

Since most ops have had to do minimal work on defences it is again not worth their while.

 

Why don't you spend some time helping people prepare cases invovling the likes of PE then come back and advise who did the bulk of the work........

 

This is no slight on cag. But you really do jot see the volume of cases people are involved in.

 

The priorty is to get cases dropped and for ppeople to get on with their lives.

 

Not wasting their time putting in applications for minimal costs.

[Scouse Magic]

It is up to the defendant and/or their advisors whether a McKenzies friend or not, ( although i believe McKenzies friend only applies to criminal court, not the small claims track), to claim costs, so I cannot speak about other individual cases, however you clearly do not think costs are relevant, and that is a matter of concern?

 

Kirkby why dont you just thank me for my useful post, admit you are wrong, accept constructive criticism and be reflective and more knowledgeable in any future representations you should make to individuals going through the court process.

 

 

Kirkby cant answer you hunni, hes all talk, many quotes, many forums and no action.... we are posting on cag not pepipoo etc many defendants out of pocket.

 

Kirkby cannot make statements that are incorrect.....and that is why open forum is best.

[kirkbyinfurnesslad]

So scouse or your wife or both.

 

Please explain how my last op was out of picket exactly? What do you think they did that cost them time and money?

[kirkbyinfurnesslad]

Pocket*

[Scouse Magic]

Costs are not the be all and end all for most Ops.

 

Since most ops have had to do minimal work on defences it is again not worth their while.

 

Why don't you spend some time helping people prepare cases invovling the likes of PE then come back and advise who did the bulk of the work........

 

This is no slight on cag. But you really do jot see the volume of cases people are involved in.

 

The priorty is to get cases dropped and for ppeople to get on with their lives.

 

Not wasting their time putting in applications for minimal costs.

 

Minimal costs can be substantial and you are adding to the problem of PPCs vexatious claims by disputing this. If everybody claimed for their costs following discontinuence and made them follow the CPR rules, they might think twice before issuing proceedings in the first place!

[david1605red]

CPR 44 doesn't apply to small claims, it's CPR 27.14 which deals with SCC cases.

 

Normally Judges will only award defendant's costs based on lost earnings through taking time off work to attend court. So if there is no hearing, the chances of claiming costs for a discontinued case are between slim and none.

 

And, to repeat what I said earlier, kirkby is not acting as a McKenzie Friend, that is only applicable to the Magistrates' courts. If he goes to a hearing and speaks for the defendant, he is acting as a Lay Representative.

 

It's a pity some of the posters on CAG don't spend more time giving practical help to OPs, instead of indulging in petty (and ungrammatical) point scoring.

[kirkbyinfurnesslad]

I've always refered to it as a mk friend. Even county court clerks have. But maybe I'll refrain from the term now.

[Liverpool way]

CPR 44 doesn't apply to small claims, it's CPR 27.14 which deals with SCC cases.

 

Normally Judges will only award defendant's costs based on lost earnings through taking time off work to attend court. So if there is no hearing, the chances of claiming costs for a discontinued case are between slim and none.

 

And, to repeat what I said earlier, kirkby is not acting as a McKenzie Friend, that is only applicable to the Magistrates' courts. If he goes to a hearing and speaks for the defendant, he is acting as a Lay Representative.

 

It's a pity some of the posters on CAG don't spend more time giving practical help to OPs, instead of indulging in petty (and ungrammatical) point scoring.

 

I refer you to my post #77 .......and the Judge was refering to costs prior to the court hearing.

 

4. The claim in fact was discontinued in January of this year. It was not discontinued

on the proper form, there was no confirmation (as the Rules require) that the

Defendant had been informed of the intention of the Claimant to discontinue and

that any costs incurred by the Defendant had been agreed with her.

 

This was the small claims track