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Trying to understand the amount of my CCJ. Please help.

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  • Trying to understand the amount of my CCJ. Please help.

    Hi,

    I took someone to court for harassing me (it was a civil case) but I stopped proceedings as a result of health problems half way through.
    I informed the defendant's solicitor of this by letter and therefore thought I didn't need to attend the next hearing that had been arranged. This was the wrong thing to do. I should have completed an official form.
    The defendant's solicitor attended the hearing in my absence and I was ordered to pay the defendant's costs of £2000.

    ------Breakdown of the CCJ of £2000--- (per the defendant's solicitor telling me)
    £600---defendant's solicitor's costs of attending the hearing to strike off the claim formally, in my absence.
    £1400--these are purely the defendant's costs of hiring his solicitor to make a defence against my claim of his harassment of me.

    Question-
    Why should I pay the defendant's legal costs of £1400 of his hiring a solicitor for forming a defence?

    It makes no sense to me. The defendant didn't win the case..he simply didn't lose it because the Claim was struck off!!
    Shouldn't the CCJ be for £600 only?

    Forgive my naivety in this matter but I should welcome your advice.
    Thanks in advance,
    Goldie.
    Tags: None

  • #2
    Re: Trying to understand the amount of my CCJ. Please help.

    The Defendant had to pay £1400 to a solicitor to defend the case that you bought against him. This is regardless of whether the case was won by him or struck out because you withdrew from proceedings.

    Have you had the order from the court ordering the costs? They must be paid I'm afraid.

    To discontinue a case once bought should be through negotiation with the defendant (eg. I'll discontinue if you agree to no costs)
    #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


    • #3
      Re: Trying to understand the amount of my CCJ. Please help.

      Presumably this is the same case http://www.legalbeagles.info/forums/...838#post433838

      You are paying £1 a month as ordered by the court and the defendant solicitor has threatened a stat demand?
      #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


      • #4
        Re: Trying to understand the amount of my CCJ. Please help.

        Originally posted by Amethyst View Post
        Presumably this is the same case http://www.legalbeagles.info/forums/...838#post433838

        You are paying £1 a month as ordered by the court and the defendant solicitor has threatened a stat demand?
        Thanks for the response.
        Yes it is. They aren't pursuing a statutory demand any more as I said to him it would make no sense and I would vigorously defend myself. he's backed off.
        Would it have been the defendant who encouraged the solicitor to try and threaten me with bankruptcy?
        Also, I still do not understand the £1400. I mean, the defendant has already paid the £1400 to his solicitor, hasn't he?... so why should I reimburse his costs.......they are not my costs!!!

        Goldie

        Comment


        • #5
          Re: Trying to understand the amount of my CCJ. Please help.

          Originally posted by Goldie View Post
          Thanks for the response.
          Yes it is. They aren't pursuing a statutory demand any more as I said to him it would make no sense and I would vigorously defend myself. he's backed off.
          Would it have been the defendant who encouraged the solicitor to try and threaten me with bankruptcy?
          Also, I still do not understand the £1400. I mean, the defendant has already paid the £1400 to his solicitor, hasn't he?... so why should I reimburse his costs.......they are not my costs!!!

          Goldie

          They are costs caused solely by your action of bringing the claim against the defendant. (ie. had you not bought the claim the defendant wouldn't have needed to engage a solicitor at a cost of £1400 )


          ( I realise you can go saying if they hadn't harrassed me I wouldn't have had to bring the claim etc etc but that's how these things work )
          #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


          • #6
            Re: Trying to understand the amount of my CCJ. Please help.

            Originally posted by Amethyst View Post
            They are costs caused solely by your action of bringing the claim against the defendant. (ie. had you not bought the claim the defendant wouldn't have needed to engage a solicitor at a cost of £1400 )


            ( I realise you can go saying if they hadn't harrassed me I wouldn't have had to bring the claim etc etc but that's how these things work )
            Thanks for the response but when you say "this is how these things work", what does that mean?
            Has the defendant paid over £1400? or not? What do you think?
            If he has, why is the solicitor trying to double reimburse himself and get the same amount of money back from me?
            (If the solicitor received £1400 cash from the defendant, why is he trying to get the £1400 back from me, as well???!!!)
            I am so sorry about my lack of understanding of this situation.
            I am not an unintelligent person, I can assure you.
            Do you think the defendant paid the £1400 but the monies went to the client account (balance sheet), pending reimbursement by me?
            If so, why?
            WHY WHY WHY should I have to pay the defendant's costs??

            Thanks,
            Goldie

            Comment


            • #7
              Re: Trying to understand the amount of my CCJ. Please help.

              Okay say someone bought a claim against you.

              You engage a solicitor and pay them for work they do to help you defend yourself against the claim.

              The other side drop out.

              You lose the money paid to the solicitor to help you defend the claim? or you claim it back off the person who bought the claim against you?
              #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


              • #8
                Re: Trying to understand the amount of my CCJ. Please help.

                You can have a read of the CPR's http://www.justice.gov.uk/courts/pro...es-about-costs
                #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


                • #9
                  Re: Trying to understand the amount of my CCJ. Please help.

                  Thank you!!

                  Comment


                  • #10
                    Re: Trying to understand the amount of my CCJ. Please help.

                    Originally posted by Amethyst View Post
                    They are costs caused solely by your action of bringing the claim against the defendant. (ie. had you not bought the claim the defendant wouldn't have needed to engage a solicitor at a cost of £1400 )


                    ( I realise you can go saying if they hadn't harrassed me I wouldn't have had to bring the claim etc etc but that's how these things work )

                    Expensive solicitor? what grade was he???

                    Comment


                    • #11
                      Re: Trying to understand the amount of my CCJ. Please help.

                      Hi. Thanks for your response, Mike.

                      What are my legal rights in getting a breakdown of the costs?
                      I understand business - I qualified back in the day as an accountant - but the guy had a 5 minute walk to the courthouse and back to strike off proceedings and I'm being told to pay costs to him "assessed at £600" in my absence.
                      You know something? (and this is why Goldie will never be rich), I honestly felt sorry for him at the initial hearing because I saw his hands shake....He knew I was right and his client had no defence (he asked for extra time and another hearing for "additional evidence")..but I subsequently had a second stroke and ducked out because my health is more important than anything...Health is wealth.
                      BUT there is no room for sentiment in business....I was taught this by my parents years ago but it's what's in your heart that guides you....and it took this event to make me truly understand.
                      NOW I'm more hardened....these events have hardened me....
                      The corrupt, craven for money solicitor was ineffectual but still was awarded ten times the money I could dream of
                      He works for a very large chain of solicitors that you will have heard of who have branches all over the UK and he is in his 40's. He represents people who are arrested for drunk and disorderly at 2am and comes out to the prison cells for 3am, to get the most money for the smallest effort.
                      I am NOT jaded....just realistic..
                      Sorry I went off on a tangent.
                      So do I have rights to get a breakdown of the £2,000 that was awarded in my absence?

                      Thanks,
                      Goldie

                      Comment


                      • #12
                        Re: Trying to understand the amount of my CCJ. Please help.

                        For reference the case was for an injunction under Protection From Harassment Act 1997.

                        Did you claim for damages as well or just the injunction?
                        #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


                        • #13
                          Re: Trying to understand the amount of my CCJ. Please help.

                          Originally posted by Amethyst View Post
                          For reference the case was for an injunction under Protection From Harassment Act 1997.

                          Did you claim for damages as well or just the injunction?
                          I didn't claim damages.

                          I guess I don't have the right to contest the amount of costs the court awarded in my absence?

                          When they threatened me with bailiffs and then a stat demand after nearly 9 months of not paying the CCJ, do you think it was the defendant putting pressure on the solicitor to scare me into paying the £1400 costs he had to pay the solicitor?

                          Thanks,
                          Goldie

                          Comment


                          • #14
                            Re: Trying to understand the amount of my CCJ. Please help.

                            Thimk they want their money would you give up on the money if the case was reversed?

                            Comment


                            • #15
                              Re: Trying to understand the amount of my CCJ. Please help.

                              As you say, the costs were awarded over nine months ago, costs are usually payable within 14 days. Time to appeal them is long since passed. You have got the court to order token payments, I don't know the terms on that order. The person you tried to obtain an injunction on needed to engage a solicitor to defend the case. It is neither here nor there whether he paid the solicitor up front or the solicitor worked on an no win no fee basis (unlikely for an injunction) the court has ordered you pay the costs and thus you must pay the costs. If you fail to pay they are entitled to enforce the judgment.
                              #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

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