Disclosure rules

[SpringerSpaniel]

Re: Disclosure rules

You have rights under the CPR to dispute the level of the other side's costs even if these were to be awarded against you by the judge - this is known as 'taxing of costs'. If you use the online version of the CPR you can find the relevant sections, I will try and post a link but this may be at the weekend.

There is 'summary taxing of costs' - essentially the judge awards a ball park figure which he/she considers reasonable, instead of what has been claimed, or alternatively 'detailed taxing', where you get a 'bill of costs' from them and take it apart at a separate 'costs hearing' eg arguing too many letters sent, work did not need as many hours as charged etc.

Which track is your case on Boxer ?

As to the threat of costs, this is a common scare tactic (which may mean they are scared). However, you may want to think whether there is any offer of settlement you could offer pursuant to Pt36 CPR, and if you settle with them, refer the DPA to the ICO.

[Boxerdog8]

Re: Disclosure rules

Hi Springer,
thank you. It is small claim, and the DPA 1974 is difficult to get a judgment, it not the money its the date of the default, I need to move and they have listed it at much later than the account defulted on and importantly they got the figures wrong, their and my evidence support this but I am still worried and I know DJ do not like small errors. (the amount in error was £300+) I have stated clearly the lack of evidence and that the default was not accurate but it was under rather than over but still inaccurate. If they loose then there would be 1000's of cases so I hoping they will not take the chance. I do wish to settle but there needs to be movement on the date.....................I have just sent my skeleton argument so perhaps that may move them.
The link would be great still searching case law for inaccurate data no DN and anything to do with no evidence at court.
Many thanks,

[Boxerdog8]

Re: Disclosure rules

PS. the DJ order orginal documents and they do not have any and have not done copies or reconstructed documents of the DN etc. There main evidence is too small to read so I am hoping and praying the evidence will not help them win.

[SpringerSpaniel]

Re: Disclosure rules

If your claim is on the small claims track, the other side's costs cannot be awarded against you.

[Amy]

Re: Disclosure rules

If your claim is on the small claims track, the other side's costs cannot be awarded against you.

It is unlikely, but not an impossibility.

[Boxerdog8]

Re: Disclosure rules

I am the Claimant is it the still the same? I will look at CPR rules later. Thank you all.

[SpringerSpaniel]

Re: Disclosure rules

This link PART 27 - THE SMALL CLAIMS TRACK - Ministry of Justice may be helpful.

[Boxerdog8]

Re: Update - into the Lions den................

Dear Springer, thank you again for all your wise words.Update: late last night I agreed a settlement, I ask for payment sooner 7 days rather than a month and to clarify late markers but agreed to the terms on offer by the bank. I did not get a response this am so I went to court. The offer was withdrawn ten minutes prior to hearing. Stating I had changed the terms. (I only asked for payment sooner not an amount)
The Judge was fine and I went through my bundle (Judge very pleased on the work and conduct put in) evidence etc. I pointed out so many times that the data was inaccurae by close to £400.00 (under not over) but the overall picture was I had defaulted and therefore it was the bank right to record the data, inaccurate or not..........lost. I did managed to get the costs down from 5K but I went from a settlement offer of £600.00 and a small change in default date to 0! and Costs of £580.00. So anyone reading be warned, the devil is not in the detail it is in the overall picture. It was strange being cross exsamined but I held my own, the Judge was possitve for my conduct, not getting cross with the otherside! but this was not enough to persuade him that the form of Default was incorrect as I had no copy or that there was no record of it being sent. (a bad computer screen dump) was all it required. The data was inaccurate.

If you are thinking of going to court on a small error, be warned, it may cost you more. My head hurts, (as I thought we had settle was really caught out) and I am going to rest but will post any other useful advice I can. .........I don't think I will ever move house with this six year rule on data.............................

[SpringerSpaniel]

Re: Disclosure rules

Thank you for updating us Boxer. I am sorry to hear that you lost. However you did well on the issue of costs. Are you thinking of appealing the decision against you ?

There is something to consider here for anyone who is offered a settlement but thinking of turning it down.

[charitynjw]

Re: Disclosure rules

For what reason were costs awarded?

[Boxerdog8]

Re: Disclosure rules

Hi, I did not appeal, rang out of steam.

I think if you are offered a settlement, say yes, get it signed and then go back if you would like the payment sooner. This was done to unsettle me, as their defence was poor. It worked.

On hind sight I think I should have brought it to the Judge's attention but I was unsure what a misstrial meant for costs etc so did not risk it.

I have another Claim I am defending and I have just directly appointed Counsel, as I know the otherside has poor evidence, and made up documents, but you need to convince a Judge and in my experience they will always go with the large legal firm if their is any doublt. In the Hearing I was sure I had won, but the barrisitor stated, the error was just a miss read on our part, (I was confused!) and the Judge accepted this. The barrisitor just ignored the errors on the bank part and their poor evidence was just allowed. He would focus on my conduct and views rather than the legal issues to be decided. I did not let him get any points on this, I would ask him to repeat the question, (very long winded questions) and say " I have no idea what the bank would or would not have done you need to ask them" The Claim was about data and not money owed etc. He would cut me off a great deal and I would nicely ask him to allow me to fishish my answer, the Judge supported this once.

I think the only one winning here is the Legal firms.

I have a dream, never to borrow, speak or have any contanct with a bank again.

[TazManila]

Re: Disclosure rules

You can go back to the court as litigant in person and ask the judge for more time, under the human rights act you are entailed to a full and far trial as a litigant in person you do not have the resources of a big company and as a litigant in person witch i have been in courts against barristers and i have won all you need do is ask the judge and use human rights to full and far trial.the set dead lines to disclose and then you should have had dead line for your response. if a judge does not direct properly then you have a case for appeal.

Hello,I hope you can help..........I am in a Court Case with a DCA. The DCA has made up a great deal of the documents which I can show errors at the hearing. My question is under CPR Rules, Disclosure, the Judge has given dates for compliance three weeks later, but in the CPR it states you must respond within 7 days. Do I comply with the Judges directions or the CPR Rules? The DCA solicitors have asked for copies of their own bank statements, letters and five of the Case Law Authorities I have listed. As a firm of solicitors can they not access the case Law it is going to take me a week to copy the documents? Can I refused to copy the Case Law reference? Last question, if there is made up data on the documents do you know how I can get the documents removed from the Claim? Thank you for your time in looking at my post.