Akiv Kapital Portfolio AS V Zaggacom

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

You signing it or trying for costs ?

M1

[ncf355]

Re: Akiv Kapital Portfolio AS V Zaggacom

Hmmm


I'd go for costs, I think they know Damn well they're screwed!


Even if you don't go for it, result anyway!

Good work my friend

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

How do I go for costs?

[ncf355]

Re: Akiv Kapital Portfolio AS V Zaggacom

Well,

In the first instance you could try just writing to them and stating that as you believe their clients commenced this action without having the required paperwork to warrant their claim, you require payment of costs for your time and general expense in relation to your Defence.

LIP rate if the court calculates it is £18/hour

In addition to any time you have spent you could claim for such things as stationery, ink cartridges, postage, etc

And of course any court fees paid by you to date

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

I have applied for costs but no go, they want me to sign the Consent Order, but they say if I dont sign it and return it, they will send the court a Discontinuance form instead, what is the difference?


Here is a copy of there latest email for reference.



WITHOUT PREJUDICE SAVE AS TO COSTS

Dear Sir,

Aktiv Kapital Portfolio AS Zug Branch v XXXXXXXXXXXXXXXXX
Claim number XXXXXXXXX

We note the contents of your email, however, we would like to clarify some of the issues you have raised. I will address them as you have listed them for clarity.

1. The Consent Order, which was attached to our previous email and is attached here again for your convenience, sets out that the hearing scheduled for 20 January 2015 would be vacated and further proceedings be discontinued. Once this matter is discontinued, under the principle of res judicata, a claim regarding this debt could not be brought in the future.
2. We note that you claim to have spent 72 hours in relation to this claim. Please note that this claim has been allocated to the small claims track. This means that legal costs will not generally be recoverable. Exceptions to the general rule include court fees, such as the hearing fee. You have not paid these Court fees. We therefore dispute any entitlement you have to costs.

We trust that this resolves your concerns regarding the Consent Order, if you are in agreement with its terms, please sign and return it to us within 7 days. We will then sign and date it before sending it to the Court with the appropriate fee.

We await your response by 17 December 2014. If we do not hear from you, we will file a notice of discontinuance.

Yours faithfully,

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Well they are correct but starting a claim and discontinuing to my mind is unreasonable conduct which would bring cpr 27.14 2 g in to play. Having said that it'd be difficult and potentially costly to try as you'd need to apply to the court.

I can't really remember what the consent order said but it seems like the same thing from their email above IF the consent order says the same.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

I have asked them what the difference is between the 'drop hands' consent form and of them filing a discontinuance order, and they replied saying they cannot give me any legal advice, so i do not know what to do.

If I do not sign the 'drop hands' consent form, they are going to file a discontinuance order to the court, do I have a chance to ask for costs then, as they have made me incur costs making my defence, but if I sign their 'drop hands' consent order then i am agreeing to drop the case and drop all costs.

Is this the case in small claims, or will I not be able to apply to the court for costs, if they file a disconinuance form.

Not sure what to do, got till 17th december to tell them.

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Whether you'd get costs for discontinuance is debatable. I would say it's unreasonable behaviour to start court action without the intent to go to a hearing. However to risk a costly application to find out probably is risky and stressful.

What is the consent order ?

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

The order is below, it mentions no order as to costs , so i am just wondering why they seem to want me to sign this, when they could just file a discontinuance file to the court, which would stop the case, why are they trying to get me to sign this consent order? What are they playing at?
CONSENTORDER





UPONTHE PARTIEShaving agreed to the terms
ANDBY CONSENT
ITIS ORDERED that:

1. The trial listed for 2:00 PM on 20 January 2015 be vacated.
   
2. All further proceedings in this action be discontinued.
   
3. There be no order as to costs.

Datedthis

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

6 and 2 3s if you ask me. They won't pay costs, you,i,d imagine, won't apply for them.

The only thing to be aware of is previous costs for example any previous applications which they should bear costs o. Did you make any ?

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

I had an application which i was charged £120 for but I have not paid it, I have emailed them, as they will not tell me what the difference is between the consent order and the discontinuance filing, so i have told them i will have to take legal advice at a cost to myself, i have also advised them i want to complain to any governing body they are in, so will see what they say.

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

You were ordered to pay £120 ?

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

yes because i didnt turn up at the court for the application hearing, because they sent me the documebts before the application so i though i didnt have to attend, so the court ordered costs , of £120 but i just sent them a chq for £1 and said that was all i could afford,

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Ask them if #3 means nobody pays ANY costs to anybody. If so sign it, imho.

M1

[QCKate]

Re: Akiv Kapital Portfolio AS V Zaggacom

Does this help zaggacom? I think drop hands means that both parties agree to pay their own costs. If you don't agree to this then see below from Practical Law

It is not uncommon for a claimant to decide to discontinue his claim after he has issued proceedings. If this is done then clearly the costs consequences set out in Civil Procedure Rule 38.6 (1) will apply. CPR 38.6(1) provides: ‘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.’

QCK