Default against Natwest

[HarryJackson]

des8 can you tell me how the costs aspect works? I've heard one thing i.e. winning party is due costs by losing party, and then I've been told "you cannot recover more than the principle sum awarded by default" by their solicitor?

[HarryJackson]

And also, I take it that as there is no contract between the parties, what is the legal basis for the claim?

[HarryJackson]

If anyone could answer me really briefly with those last two questions, would really appreciate it

[des8]

How do costs work?
The answer to that is at the courts discretion!
CPR 44 together with Practice Direction 44 is the bible. https://www.justice.gov.uk/courts/pr...costs#rule44.2

[R0b]

And you can't claim costs at £45 per hour unless you are self-employed and can prove those losses. The standard rate for litigants in person is £19 per hour and capped at two thirds that a solicitor might reasonably charge. You should normally file a costs schedule 24 hours before the hearing is due to take place, otherwise the court may decide against a costs order.

As per CPR 44, the usual rule is costs follow the event i.e. they follow the result of the litigation unless there is good reason not to. Conduct is usually the main reason to reduce any costs award or make no award at all.

Nothing more I can add because all you've done throughout this thread is drip feed information (in my opinion). It's in the hands of the judge hearing the case and I would not be surprised at all if the judgment was set aside and costs in favour of NatWest, but that all depends on how you present your case.

[HarryJackson]

I am claiming law of agency as my legal argument.

Natwest used Royal Mail and USPS as their agents to deliver me an unsolicited package, and I seek to recover damages i.e. costs in having this package forwarded to me, and then in contacting Natwest to have them sort the matter out.

???

[R0b]

Applications to set aside default judgments are interim applications. They are not intended to to be a mini trial nor are you allowed to recover costs as damages without issuing a new claim. You can only recover costs incidental to the application.

Good luck.

[R0b]

How did your hearing go?

[HarryJackson]

hahaha I'll post shortly.

[pt2537]

hahaha I'll post shortly.

Should we be asking the dictionary to redefine shortly?

[HarryJackson]

Sorry. Their application was successful but no order as to costs. They state they are now making an application to strike out my claim, so I am waiting for that. but it's all good, I feel. Looking forward to arguing the case with them, tbh. Thank you all for your help

[R0b]

Well can't say I'm surprised but you have a second chance to prove your case.

Just make sure you are well prepared.

[HarryJackson]

Am I right in thinking that a Statement of costs should be sent the day before a hearing?

[HarryJackson]

They settled

[MIKE770]

they settled --- can you give more info? for peeps to understand how achieved