Statutory Demand...Set a side...& Costs?

[t4traveller]

Hi All

 

Can someone please advise me on how I can calculate costs on defending a Statutory Demand,

the defence has been carried out totally by myself. Also can I claim compensation.

 

I was issued with a SD although both the solicitor for the other side and his clients were fully aware that I have been in dispute with them for 12 months.

 

Following my application to Set Aside I have now received notification that the opposition have withdrawn the SD

and that I should contact the court and have the hearing removed.

In fact their solicitor has written to the court telling them the hearing should be removed.

 

Although I am pleased that the SD has been withdrawn I was happy to go to court against my landlord

as I feel the issue of SD's with full knowledge of dispute can only be viewed as abuse of the legal system and bullying.

 

I have informed the court I wish the hearing to go ahead as I will be seeking costs for the time I have spent preparing everything for my defence.

 

Following receipt of the SD I ended up being taken to hospital by ambulance and was diagnosed as having an angina attack,

following 8 days in hospital I then had the stress of getting all the evidence together and deliver the application for set aside to the court in time.

 

Thanks in anticipation

 

 

Paul

[citizenB]

I am not sure that the opposition has the right to demand your application be withdrawn - only the person making the application can do that.

 

I will try and find someone who can answer your questions.

[unclebulgaria67]

I am not sure that the opposition has the right to demand your application be withdrawn - only the person making the application can do that.

 

I will try and find someone who can answer your questions.

 

I think that is the correct position. There was another case on here, where the defendant making the set aside was awarded their reasonable costs. It would be £18 per hour, plus other general costs you incurred in having to do the set aside.

 

But you would have to be certain enough that you would win the set aside and make a proper argument. If you failed with the set aside, then they could proceed with a bankruptcy petition.

 

Hopefully someone better informed will add their reply.

[t4traveller]

Thank you citizen

 

 

I am sure that the opposition cannot suggest to the court that a hearing is cancelled and I feel that a solicitor doing so is overstepping the mark. This particular solicitor appears to make a habit of manipulating people as another lessee on site has just had her SD set aside and said solicitor wrote to her telling her she had to contact the court cancelling her hearing because his client was withdrawing the SD. She refused and got approximately £800 costs awarded

[t4traveller]

Thank you unclebulgaria67

 

 

I want to be reasonable with regard costs but at the same time feel that I should claim as the use of SD's are being abused and used as a bully tactic which has already worked against some people here.

 

 

The problem is I have spent so many hours that if I charged £18/hour the cost would be exorbitant. I had been thinking £12.50/hour and limiting the hours to 20 but wasn't sure if the court may think I was being greedy. There is also the fact that not being legally minded I spent time researching what would be required although the majority of my time was spent finding, printing, scanning, and collating evidence.

[citizenB]

Well the only thing the Solicitor has got right is that it is the responsibility of the Applicant who has to contact the court to halt the process. But they do not have to do it purely because the opposition demands it.

 

It looks to me as though this solicitor and his client are abusing the Statutory Demand process and I think that Courts don't like that much.

[Guest]

I am not sure that the opposition has the right to demand your application be withdrawn - only the person making the application can do that.

yes, as was yr app'n, then wld be for you to vacate. may though need to formalise their withdrawal of their sd.

i think costs (Litigant in Person) can still be applied for or negotiated following a withdrawal.

see what others say.

[citizenB]

If you hold off doing anything until tomorrow, hopefully someone will look in and give you some idea of what might be considered reasonable.

 

Did you have to travel to the court to file the application ?

 

Any postage costs ?

 

Certainly copying documents can be added to the list.

 

Research.. perhaps 4/5 hours.

 

What did the other person you refer to include on their list ?

[unclebulgaria67]

Thank you unclebulgaria67

 

 

I want to be reasonable with regard costs but at the same time feel that I should claim as the use of SD's are being abused and used as a bully tactic which has already worked against some people here.

 

 

The problem is I have spent so many hours that if I charged £18/hour the cost would be exorbitant. I had been thinking £12.50/hour and limiting the hours to 20 but wasn't sure if the court may think I was being greedy. There is also the fact that not being legally minded I spent time researching what would be required although the majority of my time was spent finding, printing, scanning, and collating evidence.

 

£18 per hour is set by the courts. It is the hours that will be looked at. If it took you ages, they might just think you were being slow and having too many tea breaks.

[citizenB]

I am advised that you are unlikely to receive compensation and with regards to costs, these should have been requested within your application to set aside. Best you can do now is to attend the hearing, assuming it isn't vacated and present your (realistic) bill of costs.

[AndyOrch]

Thread title amended to reflect the status of claim