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Litigant in Person

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  • Litigant in Person

    I am at present in litigation with the dreaded Blemain Finance. I am the Claimant, they have counter claimed by way of set off.

    I have a fast track hearing allocated to be heard Feb/March and I am confident it will go in my favour and they will also lose the counterclaim.

    They have already given an estimate of their costs £20000. As if?.... I have not given mine as I have not been asked for them on the allocation questionnaire.

    My question is when do I submit my costs to the court. Should I wait to be asked or should I do it anyway with a copy to Blemain.

    Thanks
    Tags: None

  • #2
    Re: Litigant in Person

    This could come in handy, figaro.

    http://kerryunderwood.wordpress.com/...nvolving-them/
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Litigant in Person

      Thanks for that

      Comment


      • #4
        Re: Litigant in Person

        How much is your claim and what is it for ?

        You can claim £18 an hour unless you can prove losses (unpaid time off work etc) plus actual costs (traavel, stationery etc) Your costs schedule needs to go to the other side and court at least 24 hours before the hearing.

        I'll try nudge PT or Cel to take a look once you have a bit more info about the case up.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Litigant in Person

          Originally posted by figaro123 View Post
          I am at present in litigation with the dreaded Blemain Finance. I am the Claimant, they have counter claimed by way of set off.

          I have a fast track hearing allocated to be heard Feb/March and I am confident it will go in my favour and they will also lose the counterclaim.

          They have already given an estimate of their costs £20000. As if?.... I have not given mine as I have not been asked for them on the allocation questionnaire.

          My question is when do I submit my costs to the court.
          Question G on the Allocation Questionnaire (Form N150) asks you: "What is the estimate of your costs incurred to date?" and then it asks: "What do you estimate your overall costs are likely to be?". In the Guidance Notes it says that Question G is only to be completed by a solicitor who has requested allocation to the fast track so I'm not sure whether that excludes someone intending to act as a Litigant In Person and claim their costs.

          You can download the blank AQ form and guidance notes here to see what you think that means:

          http://hmctsformfinder.justice.gov.u...t_forms_id=384

          The next opportunity is the Listing Questionnaire (aka Pre-Trial Check List Form N170 also downloadable from that link) which should be sent to you by the court two weeks before the court requires you to complete it and return it to the court. As far as I'm aware you are not obliged to serve it on the other party but it is a good idea to avoid any challenge to your claim for costs later down the line. Question F asks for an estimate of your costs, but again I'm not sure whether that is only for solicitors to complete.

          Here are the CPRs on the Listing Questionnaire:

          http://www.justice.gov.uk/courts/pro.../pd_part28#6.1

          The purpose of the Listing Questionnaire is to give the court information about size of the timeslot needed for the Trial (e.g. half a day or five days) and information about Witnesses you intend to include etc so they can list it in the court diary for a hearing. If your Trial is anticipated for February/March 2014 (was this speculated as the window of time in a Directions Order?) it may be too soon for the court to send this LQ to you. Have you completed all the other things on the list such as Full Disclosure? I think the LQ would come after all that.

          Comment


          • #6
            Re: Litigant in Person

            I have completed the allocation questionaire and we had a case management hearing. We have to exchange disclsure by the 20th nov.

            The trial is scheduled for feb/mar. I just wondered when i should inform the other side and court about my costs, I am self employed so will be entitled to loss of earnings. The other side have estimated £20000 in costs

            Comment


            • #7
              Re: Litigant in Person

              How long before the trial should I present my costs to the court

              Comment


              • #8
                Re: Litigant in Person

                Costs are dealt with in the Civil Procedure Rules.

                It is usual that the question of costs is reserved until there is a final outcome in the case, and then the loser pays.

                There is scope to challenge the bill of costs form the other side, either 'sumarily' ie the judge makes a decision there and then or at a separate costs hearing, when you can pick apart the other side's bill of costs.

                So serving a bill of costs to the court or the other side is premature as yet.

                What you should be doing is keeping a record of the time you spend on running and preparing the case and any associated costs eg travel, printing, copying, postage; and a record of your loss of earnings. Have these figures ready to hand when at court.

                The reason the other side are rushing to tell you just how much there costs are going to be is to try to alarm you into dropping the case against them.

                If you were to lose, you would get the chance to challenge the amount of costs claimed.

                Should you find yourself in this position, please post again for further advice.

                Comment


                • #9
                  Re: Litigant in Person

                  Appreciate your advice

                  Comment


                  • #10
                    Re: Litigant in Person

                    Hearing is set for 13th Mar. I can't wait.

                    Comment


                    • #11
                      Re: Litigant in Person

                      Good luck with it.-I am going to court with the same people on Monday-i am really nervous and counterclaiming for extortionate charges i.e. £500 a month for been in arrears and misselling-wish me look.

                      Comment


                      • #12
                        Re: Litigant in Person

                        Blemain are defending my unfair relationship saying it does not apply and are quoting Barnes v Blackhorse. I can see the relevance to be honest can anyone else?

                        By the way good luck on monday sickofbullies. Keep in touch

                        Comment


                        • #13
                          Re: Litigant in Person

                          Originally posted by figaro123 View Post
                          Blemain are defending my unfair relationship saying it does not apply and are quoting Barnes v Blackhorse. I can see the relevance to be honest can anyone else?
                          For ref http://www.bailii.org/ew/cases/EWHC/QB/2011/1416.html followed by http://www.bailii.org/ew/cases/EWHC/QB/2012/1950.html

                          It's mainly quoted with regards to costs (CMC's sols whacking insane costs of £30k on £1500 claims) but also threw out unfair relationship
                          Finally, HHJ Gregory had to deal with the question of unfair
                          relationship. Given his previous finding that there was no negligent
                          mis-statement and no breach of ICOB, the claim for an unfair
                          relationship was also dismissed. HHJ Gregory made clear that
                          following the Court of Appeal’s decision in Harrison v Black Horse,
                          he was not required to look at the commission arrangements or the
                          price of the policy; and therefore there was no basis for a finding of
                          unfairness.
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #14
                            Re: Litigant in Person

                            This discussed Barnes and Harrison and Nemo cases ref unfair relationships. Not sure it's hugely relevant but might be of help deciphering relevance of Barnes to your case.
                            Attached Files
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: Litigant in Person

                              This is just typical of the nasty underhanded ways that Blemain run their Business and treat their customers-it really is time that the judges saw just what dirty double dealing scumbags they are.-Good Luck with it.



                              Originally posted by SpringerSpaniel View Post
                              Costs are dealt with in the Civil Procedure Rules.

                              It is usual that the question of costs is reserved until there is a final outcome in the case, and then the loser pays.

                              There is scope to challenge the bill of costs form the other side, either 'sumarily' ie the judge makes a decision there and then or at a separate costs hearing, when you can pick apart the other side's bill of costs.

                              So serving a bill of costs to the court or the other side is premature as yet.

                              What you should be doing is keeping a record of the time you spend on running and preparing the case and any associated costs eg travel, printing, copying, postage; and a record of your loss of earnings. Have these figures ready to hand when at court.

                              The reason the other side are rushing to tell you just how much there costs are going to be is to try to alarm you into dropping the case against them.

                              If you were to lose, you would get the chance to challenge the amount of costs claimed.

                              Should you find yourself in this position, please post again for further advice.

                              Comment

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