Being taken to court for costs!

[bstoke1978]

Hi,

This is my first post so hello to all out there!

The issue is that I took Santender to court for PPI refund and they instructed their solicitor (Chafes) to defend as it was over 10 years old.

I was 2 days late filing the allocation questionaire so my claim was struck out
the claim was for around £600.

Their solicitor is now taking me to court for nearly £900 in costs under CPR 36

So what can i do to defend this.....?

Thanks

[Trader97]

Re: Being taken to court for costs!

If the court ordered you to pay those costs, then you have to pay them. The opportunity to appeal the order striking out the claim dissappears fast, how long ago did you get this order ?

Whilst the order exists, there is no defence to that action, the only possible step is to get the original order set aside, and this depends on the time taken before application and the merits of why you idnt file the allocation questionnaire in time.

[charitynjw]

Re: Being taken to court for costs!

There has been a lot of controversy lately over the issue of what is, & what is not, a proper Part 36 offer, & the following 'costs' decisions.

If the offer did not conform to p36 CPR, could bstoke1978 appeal?

See French v Groupama Insurance Company Ltd (Groupama) [2011] EWCA Civ 1119

[bstoke1978]

Re: Being taken to court for costs!

Hi,

how do I go about setting this aside, it was struck out as the the forms i sent arrived at the court a day maybe 2 late even though I posted it on time!

[Gorang]

Re: Being taken to court for costs!

Hi,

how do I go about setting this aside, it was struck out as the the forms i sent arrived at the court a day maybe 2 late even though I posted it on time!

Can you prove this with postal reciepts?

And as trader says

how long ago did you get this order ?

[charitynjw]

Re: Being taken to court for costs!

CPR 3.9?

http://www.justice.gov.uk/guidance/c...rts/part03.htm

[bstoke1978]

Re: Being taken to court for costs!

I received this on Saturday in the form of an N244 form dated 3rd November.
It was sent via recorded delivery.

I have also re-read the claim and the solicitor from the other side states that they had received a copy of the allocation questionaire that I had sent and phoned to check with the court and they didn't have a copy and as such was struck out.

The court posted it back with recieved on it dated the 28th October when the cut off date was the 26th November. The solicitor contacted the court on the 12th so surely they must have some sort of duty to pass on information to the court if its missing...?

I have asked them for a renumeration certificate so that I can get the law society to audit the bill

a copy of the paid invoice for work carried out

strict proof that the claimant has done the work and not someone of a lower ability (as its a parnter that "has done the work")

This was a standard PPI claim one of a 1000 they have a month of but did this as almost a bespoke peice of work. There defence is that its statute barred (over 10 years old) it would of taken 5 mins to put this into a document more than likely templated anyway!

[charitynjw]

Re: Being taken to court for costs!

http://www.manches.com/userfiles/fil...ept%202011.pdf

This might help

[SpringerSpaniel]

Re: Being taken to court for costs!

You are right that even if you do not choose to apply out of time to have the Order set asidde as being contrary to natural justice nad the Overiding Objective, you are entitled to aply for taxing of the bill of costs.

If the work did not require a partners level of skill and experience, then you have been overcharged if this was claimed for.

You can have a detailed costs hearing in front of a judge, or a summary decision as to costs.

[postggj]

Re: Being taken to court for costs!

courts do not normally throw out claims for being late with an allocation questionaire