Litigant in Person

[figaro123]

I am at present in litigation with the dreaded Blemain Finance. I am the Claimant, they have counter claimed by way of set off.

I have a fast track hearing allocated to be heard Feb/March and I am confident it will go in my favour and they will also lose the counterclaim.

They have already given an estimate of their costs £20000. As if?.... I have not given mine as I have not been asked for them on the allocation questionnaire.

My question is when do I submit my costs to the court. Should I wait to be asked or should I do it anyway with a copy to Blemain.

Thanks

[charitynjw]

Re: Litigant in Person

This could come in handy, figaro.

http://kerryunderwood.wordpress.com/...nvolving-them/

[figaro123]

Re: Litigant in Person

Thanks for that

[Amethyst]

Re: Litigant in Person

How much is your claim and what is it for ?

You can claim £18 an hour unless you can prove losses (unpaid time off work etc) plus actual costs (traavel, stationery etc) Your costs schedule needs to go to the other side and court at least 24 hours before the hearing.

I'll try nudge PT or Cel to take a look once you have a bit more info about the case up.

[PlanB]

Re: Litigant in Person

I am at present in litigation with the dreaded Blemain Finance. I am the Claimant, they have counter claimed by way of set off.

I have a fast track hearing allocated to be heard Feb/March and I am confident it will go in my favour and they will also lose the counterclaim.

They have already given an estimate of their costs £20000. As if?.... I have not given mine as I have not been asked for them on the allocation questionnaire.

My question is when do I submit my costs to the court.

Question G on the Allocation Questionnaire (Form N150) asks you: "What is the estimate of your costs incurred to date?" and then it asks: "What do you estimate your overall costs are likely to be?". In the Guidance Notes it says that Question G is only to be completed by a solicitor who has requested allocation to the fast track so I'm not sure whether that excludes someone intending to act as a Litigant In Person and claim their costs.

You can download the blank AQ form and guidance notes here to see what you think that means:

http://hmctsformfinder.justice.gov.u...t_forms_id=384

The next opportunity is the Listing Questionnaire (aka Pre-Trial Check List Form N170 also downloadable from that link) which should be sent to you by the court two weeks before the court requires you to complete it and return it to the court. As far as I'm aware you are not obliged to serve it on the other party but it is a good idea to avoid any challenge to your claim for costs later down the line. Question F asks for an estimate of your costs, but again I'm not sure whether that is only for solicitors to complete.

Here are the CPRs on the Listing Questionnaire:

http://www.justice.gov.uk/courts/pro.../pd_part28#6.1

The purpose of the Listing Questionnaire is to give the court information about size of the timeslot needed for the Trial (e.g. half a day or five days) and information about Witnesses you intend to include etc so they can list it in the court diary for a hearing. If your Trial is anticipated for February/March 2014 (was this speculated as the window of time in a Directions Order?) it may be too soon for the court to send this LQ to you. Have you completed all the other things on the list such as Full Disclosure? I think the LQ would come after all that.

[figaro123]

Re: Litigant in Person

I have completed the allocation questionaire and we had a case management hearing. We have to exchange disclsure by the 20th nov.

The trial is scheduled for feb/mar. I just wondered when i should inform the other side and court about my costs, I am self employed so will be entitled to loss of earnings. The other side have estimated £20000 in costs

[figaro123]

Re: Litigant in Person

How long before the trial should I present my costs to the court

[SpringerSpaniel]

Re: Litigant in Person

Costs are dealt with in the Civil Procedure Rules.

It is usual that the question of costs is reserved until there is a final outcome in the case, and then the loser pays.

There is scope to challenge the bill of costs form the other side, either 'sumarily' ie the judge makes a decision there and then or at a separate costs hearing, when you can pick apart the other side's bill of costs.

So serving a bill of costs to the court or the other side is premature as yet.

What you should be doing is keeping a record of the time you spend on running and preparing the case and any associated costs eg travel, printing, copying, postage; and a record of your loss of earnings. Have these figures ready to hand when at court.

The reason the other side are rushing to tell you just how much there costs are going to be is to try to alarm you into dropping the case against them.

If you were to lose, you would get the chance to challenge the amount of costs claimed.

Should you find yourself in this position, please post again for further advice.

[figaro123]

Re: Litigant in Person

Appreciate your advice

[figaro123]

Re: Litigant in Person

Hearing is set for 13th Mar. I can't wait.

[Sickofbullies]

Re: Litigant in Person

Good luck with it.-I am going to court with the same people on Monday-i am really nervous and counterclaiming for extortionate charges i.e. £500 a month for been in arrears and misselling-wish me look.

[figaro123]

Re: Litigant in Person

Blemain are defending my unfair relationship saying it does not apply and are quoting Barnes v Blackhorse. I can see the relevance to be honest can anyone else?

By the way good luck on monday sickofbullies. Keep in touch

[Amethyst]

Re: Litigant in Person

Blemain are defending my unfair relationship saying it does not apply and are quoting Barnes v Blackhorse. I can see the relevance to be honest can anyone else?

For ref http://www.bailii.org/ew/cases/EWHC/QB/2011/1416.html followed by http://www.bailii.org/ew/cases/EWHC/QB/2012/1950.html

It's mainly quoted with regards to costs (CMC's sols whacking insane costs of £30k on £1500 claims) but also threw out unfair relationship

Finally, HHJ Gregory had to deal with the question of unfair
relationship. Given his previous finding that there was no negligent
mis-statement and no breach of ICOB, the claim for an unfair
relationship was also dismissed. HHJ Gregory made clear that
following the Court of Appeal’s decision in Harrison v Black Horse,
he was not required to look at the commission arrangements or the
price of the policy; and therefore there was no basis for a finding of
unfairness.

[Amethyst]

Re: Litigant in Person

This discussed Barnes and Harrison and Nemo cases ref unfair relationships. Not sure it's hugely relevant but might be of help deciphering relevance of Barnes to your case.

[Sickofbullies]

Re: Litigant in Person

This is just typical of the nasty underhanded ways that Blemain run their Business and treat their customers-it really is time that the judges saw just what dirty double dealing scumbags they are.-Good Luck with it.

Costs are dealt with in the Civil Procedure Rules.

It is usual that the question of costs is reserved until there is a final outcome in the case, and then the loser pays.

There is scope to challenge the bill of costs form the other side, either 'sumarily' ie the judge makes a decision there and then or at a separate costs hearing, when you can pick apart the other side's bill of costs.

So serving a bill of costs to the court or the other side is premature as yet.

What you should be doing is keeping a record of the time you spend on running and preparing the case and any associated costs eg travel, printing, copying, postage; and a record of your loss of earnings. Have these figures ready to hand when at court.

The reason the other side are rushing to tell you just how much there costs are going to be is to try to alarm you into dropping the case against them.

If you were to lose, you would get the chance to challenge the amount of costs claimed.

Should you find yourself in this position, please post again for further advice.