Application of costs

[claireloupul]

Hi there,

 

I've had a application of costs for £3000 presented against me because I had to withdraw from a employment tribunal which was a month before.

 

Has anyone had this before? I have presented my defence whithin 7 days but wondered if anyone can shed any light on what will happen.

 

Thanks

[Sidewinder]

Are you able to give a little more background? What was the claim for? Why did you withdraw the claim and at what stage?

[Emmzzi]

and whose costs? if eg your own solicitor, that'd be reasonable.

[becky2585]

Ouch.

 

I presume you didn't have a legal rep? Had witness statements been drafted by that stage? Had a Judge put you on warming your case was unlikely to succeed?

[claireloupul]

Ouch.

 

I presume you didn't have a legal rep? Had witness statements been drafted by that stage? Had a Judge put you on warming your case was unlikely to succeed?

 

 

I had to withdraw because of work commitments.

How would I know witness statements were drafted? Would I get a copy?

Also no warning from judge.

I withdrew a month before tried everything to change

My work schedule and couldn't.

 

Thanks guys

[becky2585]

You should look at the order to see when statements were due to be exchanged. It's usually 2-6 weeks before the hearing.

 

Did you not request a postponement of the hearing before withdrawing?

[claireloupul]

You should look at the order to see when statements were due to be exchanged. It's usually 2-6 weeks before the hearing.

 

Did you not request a postponement of the hearing before withdrawing?

 

This is the problem, I had to postpone once before because my father was diagnosed with cancer and the court papers said I couldn't postpone it again so I felt I had no option to

Withdraw because I knew I couldn't attend and I had emailed

The court to explain this and they sent out a letter which stayed if I wished to withdraw I had to do so in writing.

So I thought it would of been acceptable to do this.

But of course not as I'm now facing a solicitor's bill if the judge decides in their favour.

[claireloupul]

Also I forgot to mention I'm in a DMP so I have absolutly no ways of paying a 3000 fee.

[Emmzzi]

well hon, they cannot have what you do not have so there is no point stressing, is there? even if they win it'll be a pound a month for them for the foreseeable! Damn all else going to happen

[claireloupul]

Thanks really appreciate that.

 

Will keep you informed of the outcome.

I have researched this loads and I've found only

One case where the judge has awarded costs and that's

Because the other party postponed cause of medical reasons but didn't ever provide the proof.

 

I think it's just the not knowing that is stressing me.

But fingers crossed it will be okay

[claireloupul]

Hi sorry,

 

Another question shall I write to the judge and explain

My finacial position or should I wait for the outcome?

 

Thanks

Claire

[Emmzzi]

wait for the outcome: it won't change the decision if he feels sorry for you or not

[claireloupul]

Thank you

[claireloupul]

Thank you

 

Hi there,

Another update. On Friday evening I received a email from

The solicitors saying that they had spoken to the courts and they

Are going to allow the application of costs hearing.

They then go on to say this will be £3000 plus a extra £1500

For the hearing.

The company have made me a offer of £3000 and if I don't accept

By the end of the week they will go ahead.

 

I'm really not sure where I go from here, I can't afford to pay that money as I'm in a Dmp and any extra money I have goes to them.

 

I have researched this to death on the Internet and can't find anything about costs hearings or what happens anything.

 

I myself haven't heard anything from the court either but I'm thinking it could come this week.

 

If anyone could help I would be grateful.

[smokejumper]

Sounds a bit strange to me that they have spoken to the courts................when ever I try to speak to the courts I get the run around.

 

As Em said to you, if you ain't got it, you can't pay. Just my opinion, If I couldn't pay, it wouldn't matter if it was £3000 or £15000 and I would just wait and not worry about it.

 

Wait until you get something in writing from the courts and then work out your next move.

[claireloupul]

Thank you,

 

I thought the same it was strange I haven't had any written confirmation from the courts.

I know what you mean that If you haven't got it dont worry, in one sense I just want it laid to rest without it hanging over me.

I do appreciate your comments though.

Thanks

[claireloupul]

I think what I'm asking is what should I write back to the solicitors?

Thanks

[smokejumper]

Can't lay it to rest, unless you can pay it.

 

You could say to the solicitors, thank you for your offer, can you put it in writing and I will have to wait until I hear from the courts.

 

Surely you can go and represent yourself at the costs hearing ( if there is one ). In your defence you weren't making a malicious claim, just had issues that prevented you continuing.

 

Forget it until you get court letter. whats there to worry about, you don't have the money, whats the worse a couple of to##ers doing a doorstep visit?

 

You have a dmp in place, so you should have a bit of your life in order, approach over things that you can do and enjoy your life.

 

incidently are you using a third party to manage your dmp, I think you can do it yourself and have all the money go to your debts.

[claireloupul]

Thanks For that.

I will see if I do get anything from the courts In the next couple of days and take it from there.

I would really appreciate it if anyone else has a similar experience to me as well.

[claireloupul]

Okay I called the tribunal this morning and the application of costs have been accepted.

 

Has anyone been to one and does anyone know what I am to expect?

Thanks

[Pusillanimous]

Take along all of your financial statements (bank statements, mortgage, payslips) and also take along proof of your relative's illness as the reason for your withdrawing. If the hearing was fixed (listed), then costs might be payable, but probably much less than you think. If you postponed in good time, insist on an itemised statement of costs incurred for that particular postponed hearing *only*. Dispute any other costs.

 

There is nothing to stop you writing to the other lawyers suggesting a settlement you can afford.

[becky2585]

Take along all of your financial statements (bank statements, mortgage, payslips) and also take along proof of your relative's illness as the reason for your withdrawing. If the hearing was fixed (listed), then costs might be payable, but probably much less than you think. If you postponed in good time, insist on an itemised statement of costs incurred for that particular postponed hearing *only*. Dispute any other costs.

 

There is nothing to stop you writing to the other lawyers suggesting a settlement you can afford.

 

The OP withdrew due to work commitments, though.

 

OP, unless you withdrew within a few days if the hearing (or just didn't turn up) I can't see them awarding costs. It's still very rare.

 

Just make sure you present a decent case - I don't know what "work commitments" caused the withdrawal but the ET will certainly ask about it - many claimants go through a hearing despite holding down full time jobs. They will try and show you acted unreasonably so put forward a case that you didn't!

 

The process is usually quite short - my last costs application was dealt with in 15 minutes.

[claireloupul]

Thanks very much for that.

The thing is I couldn't take leave from work and I panicked and I wrote to the tribunal and explained the situation and I then said what are my choices.

The next day I received a letter from them saying if I would like to withdraw then to do so in writing so naively that's what I did.

Highnsight is a good thing really!!

[claireloupul]

I withdrew giving 30 days notice.

 

Thanks

[becky2585]

Could you give a little more information as to the basis for the costs application please? For example which ET rule the application is made under?