Difference between revisions of "Wasted Costs"
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== Wasted Costs Order == | == Wasted Costs Order == | ||
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This application can be made by letter without a fee and there is no risk involved. | This application can be made by letter without a fee and there is no risk involved. | ||
− | + | '''To make a wasted costs order you must supply:-''' | |
− | + | 1.Application letter<br>2.Draft order<br>3.Schedule of costs incurred and time spent<br> | |
+ | 4.A list of settled cases | ||
− | + | ==1. Application Letter == | |
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You can modify this letter to suit the circumstances. | You can modify this letter to suit the circumstances. | ||
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The bank has wasted your time as well as that of the courts and you should require that your wasted costs be paid by the bank. | The bank has wasted your time as well as that of the courts and you should require that your wasted costs be paid by the bank. | ||
− | ---- | + | {| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;" |
− | + | |----- | |
− | + | | | |
− | + | <blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> | |
Your address | Your address | ||
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− | Case name and number | + | <span style="color:red">Case name and number</SPAN> |
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I also enclose a list of all cases of which I am aware in which <span style="color:red">XXthe bankXX </SPAN>was the Defendant. Every one of these cases was settled in full before a hearing despite a defence being entered by the Defendant. | I also enclose a list of all cases of which I am aware in which <span style="color:red">XXthe bankXX </SPAN>was the Defendant. Every one of these cases was settled in full before a hearing despite a defence being entered by the Defendant. | ||
− | Further, in relation to my claim, the Defendant failed to file any documents to the court, breaching the orders made by District Judge <span style="color:red">name of judge </SPAN>on <span style="color:red">dd mmmmm 200X </SPAN>. Again this is typical of the Defendant’s approach in other cases of which I am aware. | + | <span style="color:blue">Further, in relation to my claim, the Defendant failed to file any documents to the court, breaching the orders made by District Judge <span style="color:red">name of judge </SPAN>on <span style="color:red">dd mmmmm 200X </SPAN>. Again this is typical of the Defendant’s approach in other cases of which I am aware.</SPAN> |
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The Defendant’s unreasonable approach in defending a claim it always intended to settle has directly incurred myself unnecessary costs as outlined in the attached list of costs, and therefore I respectfully request that the Court consider awarding these costs, or such costs as it deems appropriate, as outlined in the Civil Procedure Rules 27.14(2)(g): | The Defendant’s unreasonable approach in defending a claim it always intended to settle has directly incurred myself unnecessary costs as outlined in the attached list of costs, and therefore I respectfully request that the Court consider awarding these costs, or such costs as it deems appropriate, as outlined in the Civil Procedure Rules 27.14(2)(g): | ||
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<span style="color:red">Your name and signature</SPAN> | <span style="color:red">Your name and signature</SPAN> | ||
− | -- | + | </div></blockquote> |
+ | |} | ||
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+ | <span style="color:red">Red- fill in your own details</SPAN> | ||
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+ | <span style="color:blue">Blue - If the defendant failed to submit a bundle then insert this paragraph which helps to demonstrate the defendant's unreasonableness and lack of intent</SPAN> | ||
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+ | == 2.Draft Order == | ||
+ | {| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;" | ||
+ | |----- | ||
+ | | | ||
+ | <blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> | ||
+ | <center>'''Draft General Form of Judgment or Order''' | ||
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+ | In the <span style="color:red">XXXXXXX </SPAN>County Court<br> | ||
+ | Claim Number <span style="color:red">XXXXXXX | ||
+ | </SPAN> | ||
Between | Between | ||
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− | Defendant’s name | + | Defendant’s name</center> |
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+ | Upon reading the claimant's letter dated <span style="color:red">dd mmmmmm 200x, | ||
+ | </SPAN> | ||
IT IS ORDERED THAT | IT IS ORDERED THAT | ||
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− | 2. Claimant' s costs summary assessed at £xx.xx , based on Claimant' s schedule and allowing xx hours preparation time. | + | 2. Claimant' s costs summary assessed at <span style="color:red">£xx.xx </SPAN>, based on Claimant' s schedule and allowing <span style="color:red">xx </SPAN> hours preparation time. |
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+ | 3. Defendant to pay £xx.xx to Claimant by 4pm on <span style="color:red">dd mmmmm 200x. | ||
+ | </SPAN> | ||
4. NOTICE OF ORDER MADE WITHOUT A HEARING | 4. NOTICE OF ORDER MADE WITHOUT A HEARING | ||
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− | Dated dd mmmmm 200x | + | Dated dd mmmmm 200x</div></blockquote> |
+ | |} | ||
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+ | == 3. Schedule of Costs == | ||
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+ | You should keep your estimate of the time which you have spent moderate and convincing. | ||
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+ | You must lay out the work you have done and the expenses you have covered systematically in a spreadsheet. | ||
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+ | Your costs can include: | ||
+ | *Time preparing letters @9.25ph | ||
+ | *Postage, Recorded and Special Delivery | ||
+ | *Faxes | ||
+ | *Time preparing claim, AQ, court bundle, hearings @9.25ph | ||
+ | *Copying | ||
+ | *Stationery | ||
+ | *Phone calls | ||
+ | |||
+ | |||
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+ | == 4. List of Settled Cases == | ||
+ | |||
+ | You can make a list for your bank taken from our [http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82 litigation section] (best entered into a spreadsheet) | ||
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+ | Just list the claim number and the bank and amount settled. | ||
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− | [[Category: | + | [[Category:Bank_Charges]] |
+ | [[Category:Legal_Information]] | ||
+ | [[Category:Standard_Letters]] |
Latest revision as of 14:41, 14 July 2007
Contents
Wasted Costs Order
We would recommend everyone who receives an out of court settlement from their bank or credit card company to apply to the court for a wasted costs order.
You can do this even if you have accepted in full and final settlement - although it may be good practice to indicate to the bank that you will be seeking costs in view of their abuse of the court process.
Costs have been traditionally used by the court to express disapproval of a party who has not litigated reasonably.
The granting of a wasted costs order is an entirely proper use of the court's discretion and I can imagine that many of these applications will be successful.
This application can be made by letter without a fee and there is no risk involved.
To make a wasted costs order you must supply:-
1.Application letter
2.Draft order
3.Schedule of costs incurred and time spent
4.A list of settled cases
1. Application Letter
You can modify this letter to suit the circumstances.
If your defendant has supplied spurious part 18 requests or made part 36 offers even though your claim is clearly a small claim then tell the judge about it.
If your bank has used other tactics to impede or frustrate your litigation then include a brief account of it in this letter.
Such tactics by the banks are deceptive and calculated to frustrate justice.
The bank has wasted your time as well as that of the courts and you should require that your wasted costs be paid by the bank.
|
Red- fill in your own details
Blue - If the defendant failed to submit a bundle then insert this paragraph which helps to demonstrate the defendant's unreasonableness and lack of intent
2.Draft Order
|
3. Schedule of Costs
You should keep your estimate of the time which you have spent moderate and convincing.
You must lay out the work you have done and the expenses you have covered systematically in a spreadsheet.
Your costs can include:
- Time preparing letters @9.25ph
- Postage, Recorded and Special Delivery
- Faxes
- Time preparing claim, AQ, court bundle, hearings @9.25ph
- Copying
- Stationery
- Phone calls
4. List of Settled Cases
You can make a list for your bank taken from our litigation section (best entered into a spreadsheet)
Just list the claim number and the bank and amount settled.