Difference between revisions of "Application For Costs"
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Here's the suggested Part C statement; | Here's the suggested Part C statement; | ||
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XXXXXXXXXXX, on this [date]. | XXXXXXXXXXX, on this [date]. | ||
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+ | <span style="color:blue">'''PLEASE NOTE: The blue parts are EXAMPLES only and may not apply to your claim. If not, replace them with your own information if possible which documents examples of unreasonable or uncooperative behaviour in your own particular claim. Keep it concise and to the point, and maintain the chronogical order of events.'''</SPAN> | ||
== Draft Order == | == Draft Order == |
Revision as of 13:50, 14 July 2007
Contents
Application for costs
Have you submitted your court bundle, then the bank have settled at the last minute just before the court date?
Although costs are strictly limited in the small claims track, there is a provision which allows them to be awarded against a party who has "behaved unreasonably". See here for rules governing costs on the small claims track - CPR PART 27.14
It is therefore perfectly feasable to request that costs be awarded on the basis that the Defendant has had months to offer and arrange a settlement if it had wished to, but instead chose to rebut or ignore all attempts at meaningful dialogue, file a template defence and then an AQ, delay and frustrate whenever possible, only to finally settle at the last minute after you had been already incurred losses by way of costs of letters, stationary, bundle preparation time, etc.
The fact that hundreds of other claims against the same defendant's have followed the exact same path will only add weight to this as well.
If you wish to pursue this, draw up a breakdown of your costs/expenses in preparing your case at the "litigant in Person" rate of £9.25p/h, plus £6.75 per letter, plus any stationary. Try to particularise everything as accurately as you can, and include receipts where possible.
You should try requesting that these costs are included when the bank's solicitors offer to settle the claim.
If they refuse, which is probably likely, tell them that in that case you will apply to the court for them instead.
You then have two choices. You can send in a letter and make an informal request for a costs order, or you can make a formal application on an N244
Informal request
This method is much less hassle than the formal method. Basically when your claim is settled you just submit the letter with the draft order and schedule of costs and request that the judge considers it. He may order it, he may not - however it goes you haven't lost anything so its worth a try.
We have had some success using this method, but most judges don't seem to want to consider it without a proper application.
If you want to go the informal route, here's a letter you should send to the court, along with the attachments which are linked. It also doubles as a "claim settled" letter - See here:Wasted Costs
Formal application on N244
You are far more likely to be successful by making a proper application. However, it will cost you £35 and you may get called to an application hearing. Below is the application I submitted.
You need an N.244
N244 Form
Fill it out like this -
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N244 Part C Statement
Here's the suggested Part C statement;
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PLEASE NOTE: The blue parts are EXAMPLES only and may not apply to your claim. If not, replace them with your own information if possible which documents examples of unreasonable or uncooperative behaviour in your own particular claim. Keep it concise and to the point, and maintain the chronogical order of events.
Draft Order
This is the Draft Order to attach:
In the XXXXX County Court
Between:
XXXXXXXXXXX
(Claimant)
And
XXXXXXX BANK PLC
(Defendant)
_______________
DRAFT ORDER
_______________
IT IS ORDERED THAT
1. Hearing of **/**/** be vacated.
2. Defendant be permitted to reply to the claimants application, a copy of which is attached to this order, in writing to the court and the claimant by [7 days].
3. Claimant be permitted to respond (if so advised) to the defendant’s reply referred to in clause 2 of this order by [14 days].
4. Court to issue a written decision following compliance with clause 3 of this order.
All you need then is your schedule of costs - plus you should also file a nitice of discontinuance at the same time. There's one here -
Take 3 copies of everything to the court along with the £35 fee. As I understand it the court will serve the application to the defendant, but its worth checking that this is definately the case. If not, take a copy back and serve it yourself.