HFO CAPITAL/services/turnbull CCJ

[hungrybear]

Anyone gets a chance, look in on BA's thread. I think we have some light at the end of the tunnel for you, BA.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/144119-hfo-court-claim-18.html

 

 

I'm going to go through it later tonight to see what help I might be able to offer.

 

IMO every court judgement with HFO on it in any capacity needs a close look at.

[citizenB]

Mel, when you get the General Order from the court, let us know exactly what it says.

 

Congratulations by the way.

 

Were you awarded any costs.. ? I wonder if you can claim for that new printer

 

He sounds like a supa-trooper

 

You need the support of your family at times like this... I don't where I would be without my wife to keep serving chilled bottles of Coors Light ;-)

 

Hmm, I knew wives had a purpose in life

 

I will have a scuttle round the forums to see if anyone has lost to HFO.

[DonkeyB]

New thread started here

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/236290-have-you-been-taken.html#post2619677

[supasnooper]

Congratulations and well done.

 

A well deserved result.

[citizenB]

Thaks donkeyB, if I find anyone, I will drag them kicking and screaming to that thread

[oxford10]

Well done!! Hope you get awarded costs.

[bugsy123]

Fantastic Mel. An inspiration to us all and great support from everyone her on the forum. Long live this site! I'll be raising a glass tonight girl!

[melmumof3]

blimey lads, you have been busy!!..... lol.

 

there was no mention of 'awarded costs'... DJ just said the case is dismissed. i didnt know when to leave either lol. just sat in the chair in shock, not nowing if i should smile, so i didnt, i didnt want to gloat... lol

 

The rep must have been 18 id say, not much more lol... probably still at school. when he approached me, i thought there is no way im letting this little lad nail me in the ground!! his face was a pure picture, when i produced john's document! lol......

 

so what happens now?... is that the last of it?.. i hope so, although im better prepared now.... ONLY THANKS TO YOU GUYS... im sorry ive been a bore, lol.

 

If there is anything i take from this its.... Know what you are talking about 100%, you only feel stupid, i was a swan on the surface, but boy my legs were a going.....

 

hmmm, what shall i have baileys or voddy??....

[vjohn82]

ABSOLUTELY FANTASTIC!!!

 

I'm really thrilled I was able to help... I have been bashed around by Turnbull for that document being released but justice NEEDED to be served... but it has proved once and for the dodgy proceedings this company have been putting through the courts.

 

You have to promise us mel that you will be going for a wasted costs order You deserve it after this vexatious litigation exercise by HFO/TR.

 

Well done for keeping it all together... really proud of you for hanging in there.

 

I could almost cry...

[hungrybear]

 

hmmm, what shall i have baileys or voddy??....

 

 

BOTH, TWICE.... IN FACT MAKE THAT 3 TIMES

[vjohn82]

blimey lads, you have been busy!!..... lol.

 

there was no mention of 'awarded costs'... DJ just said the case is dismissed. i didnt know when to leave either lol. just sat in the chair in shock, not nowing if i should smile, so i didnt, i didnt want to gloat... lol

 

You usually have to ask for costs but don't worry... case dismissed so you now apply for a wasted costs order - add up all of the time you have spent and times the number of hours by £9.25 (inc. letters written, research etc)

 

The rep must have been 18 id say, not much more lol... probably still at school. when he approached me, i thought there is no way im letting this little lad nail me in the ground!! his face was a pure picture, when i produced john's document! lol......

 

Poor kid... doesn't know what he is letting himself in for... shows how seriously they take it though

 

so what happens now?... is that the last of it?.. i hope so, although im better prepared now.... ONLY THANKS TO YOU GUYS... im sorry ive been a bore, lol.

 

Nope... they shouldn't be able to do anything... defective assignment... everything dodgy... the contract is void full stop

 

If there is anything i take from this its.... Know what you are talking about 100%, you only feel stupid, i was a swan on the surface, but boy my legs were a going...

 

Good advice for anyone... know your own arguments!

 

hmmm, what shall i have baileys or voddy??....

Copious amounts of either ;-)

 

APPLY FOR COSTS!!!

[hungrybear]

ABSOLUTELY FANTASTIC!!!

 

I have been bashed around by Turnbull for that document being released but justice NEEDED to be served... but it has proved once and for the dodgy proceedings this company have been putting through the courts.

 

 

You mean that document that everyone should get through full disclosure.

 

Looks like TR might have to employ a real solicitor to sort this mess out for them!

[melmumof3]

ABSOLUTELY FANTASTIC!!!

 

I'm really thrilled I was able to help... I have been bashed around by Turnbull for that document being released but justice NEEDED to be served... but it has proved once and for the dodgy proceedings this company have been putting through the courts.

 

You have to promise us mel that you will be going for a wasted costs order You deserve it after this vexatious litigation exercise by HFO/TR.

 

Well done for keeping it all together... really proud of you for hanging in there.

 

I could almost cry...

aww bless ya john..

 

i havent cried yet, it really hasnt sunk in what happened today. YOU had this document and just at the nick of time for me wasnt it!... im sooo glad i sent my hub out at midnight last night to get my printer sorted..it was only ink in the end... how i was i to know lol!

 

im soo looking forward to watching tv again, and being normal lol. its been very hard, as ive only you guys to bounce off of, i try talking to hubby about it, and i bore him lol. and no family knew what i was going thru either.

 

its been a good day guys!!

[citizenB]

http://www.consumeractiongroup.co.uk/forum/show-post/post-1701510.html

 

The link above will take you to the post by surfaceagentx20. However, I have copied it over here for ease of reference. If the links for the two files at the bottom dont work, then you will have to use the link at the top of this post and use them from there.

 

 

I have prepared a draft bill of costs for detailed assessment and draft notice of commencement. Both are attached in pdf format.

 

In drawing the bill I have tried to keep it as uncomplicated as possible whilst seeking to demonstrate how to maximise the amount which might be allowed. The documents may be of general application in litigation to include for example, dealing with a costs claim after successfully obtaining an order setting aside a Statutory Demand, after making all such necessary modifications to suit.

 

The bill begins with a narrative dealing with the nature of the case and the complexity of it as I imagined it may have appeared to the LiP. My imagination should not be treated as a statement of how the complexity in truth appeared to the LiP.

 

Next is a chronological statement of the steps taken in the case as they will appear on the court file. I have not bothered to go through the entire thread to establish what occurred on what day. The LiP will have to do that.

 

I have included provision for time spent which has been charged at an hourly rate of £9.25 in accordance with The Litigants in Person (Costs and Expenses) Act 1975. I can not stress enough that where time is included this is only a statement of time for the purpose of demonstrating how the figures would appear in the bill. My statement of time is not an estimate of time. Only the LiP can say how much time was spent and my statement of time may be an under- statement or an over-statement, I would not know.

 

It is worth pointing out however that the court will recognise that a LiP will most likely spend more time in a case than a solicitor. The relevant Rule is CPR 48.6 with guidance appearing in The Supreme Court Costs Office Guide (COG) Practice Direction at CPR PD 48 COG 22.4 and .5.

 

The question for the Judge considering the bill is if this case had been conducted by a solicitor, what would that solicitor’s reasonable total charge have been for doing that work? Having arrived at that hypothetical figure, the costs judge will assess the bill but disallow whatever the total bill comes to from exceeding two-thirds of the hypothetical figure.

 

It seems to me the hypothetical solicitor may have spent say 6 hours dealing with all the work set out in the bill from beginning to end. At an average charge of £150.00 per hour, that produces a hypothetical figure of £900.00. In other words therefore, if the Judge held my view about what the hypothetical solicitor may have charged, the amount to be allowed to the LiP ought not to exceed £600.00. As you will see, my draft works out at £573.50.

 

What to do Next

Complete the bill adapting the narrative to your personal experience in terms of actual work done and actual time spent. Feel free to add to it where I have not imagined work which you actually did. Insert the dates and sign and date the bill.

 

Next complete Form N252 available from the HMCS website here.

 

You will ned to complete the court and party details in the box on the RHS.

 

The draft N242 I have completed gives the position as if my figures were used. Where the total used in the bill is to be different, put that figure in the first figure box where N252 says: ‘The bill totals £xxx.xx’. (figure [1])

 

Next, add £300.00 to figure [1] and put whatever this figure in the next box where N252 says:

the full amount payable (including the assessment fee) will be £xxx.xx). (figure [2]).

 

Next insert a date in the box before which is written: ‘You must serve your points of dispute by’. This date will be a date being not less than 21 days after the date on which your opponent receives the bill and the N252. In practice, add 25 days to the date on which you post the bill out to your opponent. If that date should fall on a Saturday or Sunday, insert the date for the following Monday.

 

Next fill out the box which provides a name and address at which the opposition may deliver any response to the bill of costs. The response will be entitled ‘Points of Dispute’. I don’t imagine one will arrive and if one does, how to deal with it will be dealt with in a later advice.

 

Next, leave the box beginning: ‘I certify that I have also served’ blank

 

Next, at the very end of the bill is a third figure box before which is written ‘If I have not received your points of dispute by the above date, I will ask the court to issue a default costs certificate

for the full amount of my bill (see above*) plus fixed costs and court fee in the total amount of £’ . In this box take the figure [1] and add £45.00 to it. This is the figure which goes in this box (figure [3]).

 

Print the N252 off, sign and date it.

 

Next, send the bill and the N252 off to the opposition’s solicitor.

 

After Having Sent the Bill and N252.

Make a note when the 25 days will be up.

 

I would expect the opposition to make contact with you in an attempt to settle the question of your costs. So as to avoid hassle and heartache, I would be prepared to settle at anything which came to about one third rather than two thirds of the hypothetical solicitor’s bill. On my example, that would be around £300.00 plus the court fee. You may want to settle at something less just to be shot of it.

 

If any offer comes in which is wildly below £300.00 post to this site for advice. I would imagine the opposition will be very keen to settle since objecting will tie them into expense they will wish to avoid and any savings will soon be wiped out by employing a solicitor to deal with the objections.

 

When the cheque comes in, make a donation to CAG.

 

If you have not heard from the opposition by when the 25 days are up you will be entitled to apply to the court for a default costs certificate. When that moment arrives, post here.

 

Any queries, just ask.

 

x20

Attached FilesDraft LiP bill of costs for detailed assessment.pdf (56.6 KB, 292 views)Draft Notice of Commencement.pdf (29.9 KB, 204 views)

[melmumof3]

how do i apply for waste costs, and how much does it cost??...

 

 

thanks citizenB, just see your post after i posted lol...reading now!

[Alphageek]

Well done Mel and superb work by all who helped.

[supasnooper]

I'm sorry to be the bearer of bad news but you must ask for costs at the hearing - Time limit for claiming costs - Surfaceagentx20

 

Let's see what the Judge states in the Court Order covering this hearing which you'll receive in the next 14 days

 

However, I'm sure you are relieved that it's all over.

 

Enjoy your tipple Mel, and the moment..............

 

A big thanks must go to all those who contributed to the OP's thread.

Edited December 2, 2009 by supasnooper
added court order sentence

[melmumof3]

I'm sorry to be the bearer of bad news but you must ask for costs at the hearing - Time limit for claiming costs - Surfaceagentx20

 

However, I'm sure you are relieved that it's all over.

 

Enjoy your tipple Mel, and the moment..............

 

A big thanks must go to all those who contributed to the OP's thread.

 

 

awww i dont give a sherlock holmes...they may need the money more than i do right now!! hee hee..

the day i rang the number on the 'missed delivery' card was the beginning of this fiasco...xmas just came early for my family, i may aswell have won the lottery tbh....:grin::-D:-D:-D:-D:-D:-D:-D

[hungrybear]

A big thanks must go to all those who contributed to the OP's thread.

 

The biggest thanks must go to CAG for giving us a forum to fight these morons on. Before CAG (and I'm sure mel would agree) TR would have won a steamroller victory today for a debt their client doesn't even own.

[citizenB]

Mel, I am so sorry to have got your hopes up.

 

Thank you SS for clarifying. I will make a note of x20's other thread.

[Alphageek]

I think wasted costs are used when the other party discontinues. I think the post x20 made, highlighted by supasnooper, is spot on.

[vjohn82]

Damn... I'm sure there is something else that can be done... surely if there is a dodgy legal assignment then a Data Protection Act complaint can be made?

 

All depends on whether mel is happy to leave it as it is... I'm sure this company will be on the end of proper justice on some level in the future

[sillygirl1]

Congratulations, isnt it nice to see the little scroats swirm in court. It makes you wonder if they are now going to refuse to work for firms which bring such poorly prepared cases to court.

[Docman]

guys

 

Remember this was a Small Claims case, so usually no costs awarded

[vjohn82]

guys

 

Remember this was a Small Claims case, so usually no costs awarded

 

Even if the Claimant has undertaken vexatious litigation??? TR were awarded £200 for me messing up on ONE Civil Procedure Rule!!!