Wasted costs appeal

[laplage]

I have received a wasted costs claim after applying to have my case set aside due to not receiving any court papers. They were sent to the wrong address. Attended a court hearing and the judge decided to set aside the claim but stated that I would need to appeal against the wasted costs. These were over £800 and I have noway of paying this amount. I'm concerned that enforcement action will be taken and bailiffs will call. How do I appeal against these costs? I can't afford a solicitor. Any help would be appreciated.

[Amethyst]

Re: Wasted costs appeal

Were you originally the claimant or defendant?

[laplage]

Help appeal against wasted costs

Help need on how to appeal against a wasted costs order. Judge agreed to have my case set aside after the papers were sent to the wrong address but stated that I would need to appeal to have the wasted costs dropped. These are totaling over £800 and I cannot afford this or pay for a solicitor. Judge stated that enforcement action could include bailiffs calling at my house. I'm really worried about this as my husband is not in good health. Any help appreciated.

[laplage]

Re: Wasted costs appeal

I was the defendant

[Amethyst]

Re: Wasted costs appeal

Ok, how come there is a wasted costs order against you? The claimants bought a claim against you but you didn't receive the court papers so they got judgment in default, you applied tp set aside the judgment and succeeded... on the basis of not getting the court papers... so where has the wasted costs come in?? Are you now filing a defence to the original claim? I'm missing something here I think.

[laplage]

Re: Wasted costs appeal

I attended court regarding costs and the Judge at that hearing awarded the solicitor costs for wasting the court time. I was a bit taken aback at this point as I had only just found out about the case and was advised to apply have the judgement set aside. This was agreed today by a different District Judge but he was unable to comment on the wasted cost issue and advised us to consider appealing. Thank you for your interest it is really appreciated.

[Amethyst]

Re: Wasted costs appeal

Sorry, I'm still behind, and not sure where the costs hearing fits in .... can we start from the beginning.... from when you first knew about the claim. Was it at the costs hearing you were advised to set aside? How did you know about the costs hearing?

Presumably it is over £10k if you had a costs hearing, so fast track? Or multi?

Sorry hard to know your next steps before knowing exactly where we are at.

[stevemLS]

Re: Help appeal against wasted costs

You normally only get a wasted costs order if your conduct of the proceedings has been deficient.

I think you are going to have to give a bit more information. What sort of case is it? You applied for a set aside, did you do so with undue delay? What aspect of your conduct of the matter is considered to have been unreasonable?

Did you ask for permission to appeal against the order at the hearing? Was that refused?

[Amethyst]

Re: Help appeal against wasted costs

I'll merge threads xx DONE - Thanks Steve.

[stevemLS]

Re: Wasted costs appeal

Oops, sorry, hadn't realised there were two threads - I'll get the hang of this forum thing yet.

When I started reading this thread again, was wondering how all those posts before mine had got there - I was the first reply.

I'll get my coat and go and have a little lay down I think.

[Amethyst]

Re: Wasted costs appeal

Oops, sorry, hadn't realised there were two threads - I'll get the hang of this forum thing yet.

When I started reading this thread again, was wondering how all those posts before mine had got there - I was the first reply.

I'll get my coat and go and have a little lay down I think.

Lol, I hadn't seen the other thread either until you posted.... admit I was quite pleased it wasn't just me that couldn't work out where the wasted costs had come into it. Certainly a bit more info needed.