Difference between revisions of "Application For Costs"
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== Application for costs == | == Application for costs == | ||
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Fill it out like this - | Fill it out like this - | ||
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+ | <blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> | ||
<u>'''Top left hand box:'''</u> | <u>'''Top left hand box:'''</u> | ||
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8. Anything else you have which demonstates the bank's unreasonable conduct or otherwise supports your application | 8. Anything else you have which demonstates the bank's unreasonable conduct or otherwise supports your application | ||
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== N244 Part C Statement == | == N244 Part C Statement == | ||
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Here's the suggested Part C statement; | Here's the suggested Part C statement; | ||
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+ | <blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> | ||
<center>Claim Number: ******* | <center>Claim Number: ******* | ||
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4. Upon receipt of the claim form, the Defendant chose to file an acknowledgement of service indicating an intention to defend the claim in its entirety. | 4. Upon receipt of the claim form, the Defendant chose to file an acknowledgement of service indicating an intention to defend the claim in its entirety. | ||
− | 5. The Defendant breached the deadline for filing its defence, which was 16th February. Although I was then entitled to file for Judgement in Default, I did not consider this course of action to be beneficial to my interests or indeed those of the court. The Defendant has routinely applied to set-aside such judgements in many similar cases and therefore, I considered that applying for judgement would lead to further delays and would ultimately be a waste of time and expense. | + | 5. <span style="color:blue">The Defendant breached the deadline for filing its defence, which was 16th February. Although I was then entitled to file for Judgement in Default, I did not consider this course of action to be beneficial to my interests or indeed those of the court. The Defendant has routinely applied to set-aside such judgements in many similar cases and therefore, I considered that applying for judgement would lead to further delays and would ultimately be a waste of time and expense.</SPAN> |
− | 6. Instead a letter was sent to the defendant’s solicitor dated 17th February, by fax on the same date and also with a copy by first class post. This letter was followed up with a telephone call to the Defendant’s solicitor on 23rd February. The response was that they could not say when or indeed if a defence would be filed, as the solicitor was awaiting their client’s instruction. The member of staff also refused to retrieve the case file and further refused to discuss the claim. | + | 6. <span style="color:blue">Instead a letter was sent to the defendant’s solicitor dated 17th February, by fax on the same date and also with a copy by first class post. This letter was followed up with a telephone call to the Defendant’s solicitor on 23rd February. The response was that they could not say when or indeed if a defence would be filed, as the solicitor was awaiting their client’s instruction. The member of staff also refused to retrieve the case file and further refused to discuss the claim.</SPAN> |
− | 7. Another letter was sent to the defendant’s solicitor by fax and post on 25th February, which gave a final deadline to file a defence, after which I would file for judgement in default. This letter was again followed up with a telephone call, and again the response was that they could not discuss my claim because they were awaiting their client’s instruction. | + | 7. <span style="color:blue">Another letter was sent to the defendant’s solicitor by fax and post on 25th February, which gave a final deadline to file a defence, after which I would file for judgement in default. This letter was again followed up with a telephone call, and again the response was that they could not discuss my claim because they were awaiting their client’s instruction. </SPAN> |
8. The defendant filed its defence on **/**/**. I believe that this defence is a pre-formulated template, and is used without modification or adjustment in each and every claim of this nature. It does not comply with CPR part 16.5 in that it does not respond to each allegation contained within the particulars of claim. It is submitted that this template defence is a flagrant abuse of court process and an insult to the Overriding Objectives. | 8. The defendant filed its defence on **/**/**. I believe that this defence is a pre-formulated template, and is used without modification or adjustment in each and every claim of this nature. It does not comply with CPR part 16.5 in that it does not respond to each allegation contained within the particulars of claim. It is submitted that this template defence is a flagrant abuse of court process and an insult to the Overriding Objectives. | ||
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9. My allocation questionnaire and attachments were filed on**/**/**. A copy of the same was also served to the Defendant’s solicitor by first class post on the same date. In a covering letter it was requested that, as a courtesy, a copy of the Defendant’s allocation questionnaire be sent out likewise. This did not receive a response. | 9. My allocation questionnaire and attachments were filed on**/**/**. A copy of the same was also served to the Defendant’s solicitor by first class post on the same date. In a covering letter it was requested that, as a courtesy, a copy of the Defendant’s allocation questionnaire be sent out likewise. This did not receive a response. | ||
− | 10. The Defendant in its Allocation Questionnaire requested a stay in proceedings indicating an intention to settle the matter. The Court granted a stay in its order dated [date]. Despite its stated intent, Defendant attempted no contact whatsoever during the period of the stay. Further, I contacted the defendant by way of a letter on **/**/**, and then a further letter on **/**/**, in attempt to initiate the dialogue for which the stay was intended. Unfortunately, this correspondence was not afforded the courtesy of a response. Please find copies of these letters attached. | + | 10. <span style="color:blue">The Defendant in its Allocation Questionnaire requested a stay in proceedings indicating an intention to settle the matter. The Court granted a stay in its order dated [date]. Despite its stated intent, Defendant attempted no contact whatsoever during the period of the stay. Further, I contacted the defendant by way of a letter on **/**/**, and then a further letter on **/**/**, in attempt to initiate the dialogue for which the stay was intended. Unfortunately, this correspondence was not afforded the courtesy of a response. Please find copies of these letters attached.</SPAN> |
11. This claim was allocated to the small claims track on **/**/**. Directions were given by District Judge XXXXXXXX, who ordered that Witness Statements and evidence were to be submitted by **/**/**. My evidence was filed and served accordingly. <span style="color:blue">The Defendant breached this order, and to date has still not served any documents whatsoever. </SPAN> | 11. This claim was allocated to the small claims track on **/**/**. Directions were given by District Judge XXXXXXXX, who ordered that Witness Statements and evidence were to be submitted by **/**/**. My evidence was filed and served accordingly. <span style="color:blue">The Defendant breached this order, and to date has still not served any documents whatsoever. </SPAN> | ||
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XXXXXXXXXXX, on this [date]. | XXXXXXXXXXX, on this [date]. | ||
− | + | </div></blockquote> | |
+ | |} | ||
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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 == | ||
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This is the Draft Order to attach: | This is the Draft Order to attach: | ||
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<center>Claim Number: ******* | <center>Claim Number: ******* | ||
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4. Court to issue a written decision following compliance with clause 3 of this order. | 4. Court to issue a written decision following compliance with clause 3 of this order. | ||
− | + | </div></blockquote> | |
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Latest revision as of 13:52, 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:
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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.