DISCONTINUED ! Lowell / Bryan Carter / Capital One / County Cour

[Amethyst]

Re: Lowell / Bryan Carter / Capital One / County Court

10 looks good to me as does the rest. Good luck xx

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, quick update:
There are problems with logging in on court website, etc. So I called their number and I was advised to email N244 form and attached documents, etc.
However, I do have to make the £45 payment before this is done and the fees department currently closes at 3:30p.m. today.
I was advised to give a phone number and they are now due to call me back to take payment. If not, I will try to call them in the morning when it is apparently much quieter.
I should add that I feel a little suspicious about how the person on the phone asked why I was submitting N244, and added: "Are you asking for the claim to be struck out?"
The recorded information on the phone does in fact say that they are not permitted to give legal advice...

Chris :-)

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, Have now received court papers re: N244 application.
Court states that Claimant/Bryan Carter must supply me with requested documents by 4pm on 2nd April.
Have wondered if it's possible to try to make Contempt of Court complaint against Bryan Carter re: them insisting that they were not required to produce the requested documents at this court - and also wondering if worth considering complaining to S.R.A. Solicitors Regulation Authority re: this potential misconduct/misinformation?
Perhaps this could encourage them to behave correctly, etc.
Many thanks for any help!
Chris :-)

[Amethyst]

Re: Lowell / Bryan Carter / Capital One / County Court

Excellent news, that's Wednesday Don't count chickens just yet and once the fat lady sings then feel free to pop a note in to the SRA (BC) and the FCA (Lowell)

Give it a couple extra days after that before contacting the court. Does the order state a consequence of them not complying with the order?

[mystery1]

Re: Lowell / Bryan Carter / Capital One / County Court

Sadly they'd probably get away with a stupidity defence.

M1

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi M1,
Considering they are misleading many, many people with false legal advice - and also that the judge has clearly just rejected what they've said to me - then I don't think they will necessarily get away from the SRA's rules so easily. When needed the SRA do take action against solicitors and in some cases they will even intervene to close a firm and seize all their case documents, etc.

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, Many thanks for your kind help, Amethyst :-)
I'll quote some of the court papers:
"It is ordered that:
The Claimant shall by 4pm on xxx xxx 2014, provide the Defendant copies of the following documents mentioned in the Claim Form pursuant to CPR Rule 31.14
a) The Credit Agreement
b) The Default Notice
c) The Assignment
2. If the Claimant fails to comply with paragraph 1, the Claim shall be struck out without further order.
3. Upon the Claimant complying with paragraph 1, the Defendant shall file and serve a defence by 4pm on the 23rd April 2014.
4. The Claimant shall pay the Defendant's costs in this application to be assessed it not agreed.
Note: This order has been made without a hearing under the Courts case management powers contained in the Civil Procedure rules Part 3. You may within 7 days of the service of this order, apply to the Court to set aside or to vary the order under Part 23 Rule 10. You must file with the Court, and serve on the other parties, an application that sets out your reasons for objection. A fee is payable upon the filing of the application. When your objection is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing."

[Amethyst]

Re: Lowell / Bryan Carter / Capital One / County Court

"2. If the Claimant fails to comply with paragraph 1, the Claim shall be struck out without further order."

There you are. So if they don't comply, or complain about sanctions, they will have their case struck out. Case of wait and see I'm afraid.... maybe Friday give the court a call and see if anything's been received.

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

YES!!!! It will not be necessary to wait until later this week!!

Letter received from B.C:
=============================
"Dear xxxxx,

re: Lowell Financial Limited v xxxxx
account: xxxxxxx
Our ref: xxxxxx
Balance: £0.00

Please be advised that County Court Claim number xxxxxxx has been discontinued.

Yours sincerely,

B.C."
===============================
SUCCESS!!! THANK YOU SO MUCH TO SHARON AND TO EVERYONE AT LEGAL BEAGLES FOR YOUR BRILLIANT HELP!!!

I am now going to sort out the claim for costs against Bryan Carter.
If anyone has any advice about how to go about this and the amounts that should be sought then please do advise!!

Also, will it be necessary to have this removed from my credit file? Or should Lowell/Bryan Carter be told to do this and to confirm it to me/to the court?

Thank you all so much again!!

Chris :-)

[Amethyst]

Re: Lowell / Bryan Carter / Capital One / County Court

SUPER Well done.

I am really not sure on the costs front, I think M1 is more up on that side of things, I'm just happy to get to them stopping the court action

[mystery1]

Re: Lowell / Bryan Carter / Capital One / County Court - DISCONTINUED !

The claim was never allocated

http://www.justice.gov.uk/courts/pro...l/rules/part38

http://www.justice.gov.uk/courts/pro...es/part38#38.6

Liability for costs
38.6
(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.
(2) If proceedings are only partly discontinued –
(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and
(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.
(3) This rule does not apply to claims allocated to the small claims track. Good job it wasn't allocated
(Rule 44.9 provides for the basis of assessment where the right to costs arises on discontinuance and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007)




The costs to claim are

1. Time @ £18 per hour.
2. Postage
3. Paper
4. Ink
5. Phone calls
6. Travel, parking etc


Don't forget you had costs of the application awarded by the court so that is separate.

My advice is get as much as you can but not so much they'll contest it. I'd say it'd cost £200 plus for them to attend a hearing on costs.

M1

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court - DISCONTINUED !

THANK YOU so much for your fantastic help, M1!!

I am going to work out some costs and will then post some ideas about cost amounts in the next few days...

SO HAPPY TODAY!!!!!!!

Chris :-) :drum:

[ODC]

Re: Lowell / Bryan Carter / Capital One / County Court - DISCONTINUED !

The claim was never allocated


The costs to claim are

1. Time @ £18 per hour.
2. Postage
3. Paper
4. Ink
5. Phone calls
6. Travel, parking etc


Don't forget you had costs of the application awarded by the court so that is separate.

My advice is get as much as you can but not so much they'll contest it. I'd say it'd cost £200 plus for them to attend a hearing on costs.

M1

Send them a bill for £199.99 then and offer them a discount if paid within 7 days. I think £ 0.05 more than generous

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court - DISCONTINUED !

The claim was never allocated

http://www.justice.gov.uk/courts/pro...l/rules/part38

http://www.justice.gov.uk/courts/pro...es/part38#38.6

Liability for costs
38.6
(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.
(2) If proceedings are only partly discontinued –
(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and
(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.
(3) This rule does not apply to claims allocated to the small claims track. Good job it wasn't allocated
(Rule 44.9 provides for the basis of assessment where the right to costs arises on discontinuance and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007)




The costs to claim are

1. Time @ £18 per hour.
2. Postage
3. Paper
4. Ink
5. Phone calls
6. Travel, parking etc


Don't forget you had costs of the application awarded by the court so that is separate.

My advice is get as much as you can but not so much they'll contest it. I'd say it'd cost £200 plus for them to attend a hearing on costs.

M1

Hope all is well, M1.

Have drawn up costs below.

I don't know if I am supposed to send the claim for costs to the court? or instead just to B.C.? or to both??

also, is there a template letter/form for claiming costs?

I haven't yet spoken to the court regarding B.C.'s letter advising case is discontinued? Should I do this immediately? I haven't heard anything further from the court confirming the case has been struck out?

Finally, should I request that B.C. or Lowell remove the default from my credit file in the same letter? I did see some information about this on the forum re: Information Commissioner, etc.

Any advice would be great appreciated!

Many thanks,

Chris :-)
================================== Costs to claim:

1. Time @ £18 per hour: 15 x hours
TOTAL: £270

2.
Postage:Recorded delivery £2.30 x 3. Postal order £1.50
£8.40 and 1 hr
Photocopying costs: £0.20 x 30 copies
£6 and 1 hr
Phone, internet/emailing costs:Court calls 1hr £3 Other calls 4hrs £12
£15 and 5 hrs
Travel: Day pass x 4
£16 and 4 hrs
TOTAL: £45.40

SUBTOTAL TIME AND ADMIN: £315.40

Court Costs of N244 Application: £45

FINAL COSTS: £360.40

=====================================

[mystery1]

Re: Lowell / Bryan Carter / Capital One / County Court - DISCONTINUED !

Hope all is well, M1.

Have drawn up costs below.

I don't know if I am supposed to send the claim for costs to the court? or instead just to B.C.? or to both??

also, is there a template letter/form for claiming costs?

I haven't yet spoken to the court regarding B.C.'s letter advising case is discontinued? Should I do this immediately? I haven't heard anything further from the court confirming the case has been struck out?

Finally, should I request that B.C. or Lowell remove the default from my credit file in the same letter? I did see some information about this on the forum re: Information Commissioner, etc.

Any advice would be great appreciated!

Many thanks,

Chris :-)
================================== Costs to claim:

1. Time @ £18 per hour: 15 x hours
TOTAL: £270

2.
Postage:Recorded delivery £2.30 x 3. Postal order £1.50
£8.40 and 1 hr
Photocopying costs: £0.20 x 30 copies
£6 and 1 hr
Phone, internet/emailing costs:Court calls 1hr £3 Other calls 4hrs £12
£15 and 5 hrs
Travel: Day pass x 4
£16 and 4 hrs
TOTAL: £45.40

SUBTOTAL TIME AND ADMIN: £315.40

Court Costs of N244 Application: £45

FINAL COSTS: £360.40

=====================================

I'm no expert on costs.

You should send a breakdown with your request to BC. The court only get involved if you can't reach an agreement on the total.

No template that i'm aware of.

Something like :-

In lieu of your discontinuance in this matter please find enclosed my costs that you should pay pursuant to cpr 38.6.

Payment should be made within 14 days.



M1