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Wasted costs order

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  • Wasted costs order

    Hi, May I first say well done the site is looking good. The template letters are good and people are very helpful. I have a couple of questions to ask. Firstly can a list be stickied in the templates library, listing the order in which the letters are sent, with the timescale noted so people don't get ahead of themselves. Secondly my main query is the wasted costs order. Do I submit this to the bank or the court. Do I submit it after the case is won. I am finding this a grey area, I want to include it with my court bundle but as its a costs order I will not be sure how much of my time is wasted until after the court date, please help.

    Best wishes,
    Hod..Liam...
    Borrow money from a pessimist -- they don't expect it back.

  • #2
    Hi Hod
    re Wasted Costs
    I have placed a thread which details how i went about my wasted costs
    Following what happened with my case I am looking at other ways of including it, such as in the POC.
    I submitted mine to the court when I told them the bank had settled.

    You can have a look at how I went about it and what happened.
    It will probably be weekend before I get chance to think of how my case could have been better arranged or progressed

    Hope they are some help

    Paul

    http://www.legal-beagles.co.uk/forum...html#post11969

    http://www.legal-beagles.co.uk/forum...html#post12683

    Comment


    • #3
      Thanks Paul,
      I had a look and now I am more relaxed and assured that I am doing the right things, in the proper order.

      Best Wishes,
      Hod..Liam...
      Borrow money from a pessimist -- they don't expect it back.

      Comment


      • #4
        No probs,
        If you want any further detail on any points or what happened in court, just give me a shout.

        Paul

        Comment


        • #5
          Hiya Pkea

          Not sure you could include the wasted costs in the POC , you are in effect `pre-judging` the banks actions , saying you know they will settle . Mot sure this would go down well with a Judge .

          A wasted costs order is also for the costs incurred before settlement , how could you work out a figure before knowing when they will settle and what costs you may incur in that time.

          You could make it a point of acceptance of an offer I suppose .

          i.e " I accept your offer of £xxxxx on the condition you cover the wasted costs incurred of £xxxx. Which I request be added to my settlement figure , once received i will file notice of discontinuance for this claim with the court and forward a copy to yourselves"
          Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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          Comment


          • #6
            Could you not just make provision for it without actually putting an amount, like you do with S69 interest, PK tried to claim at the point of settlement and failed so there must be an earlier point at which it can be included, even if you don't know the amount.

            Springing it on them when they make you the settlement offer is moving the goal posts a bit isn't it?

            Comment


            • #7
              I sent an email to Monument on 13th July asking them to settle as court date is17th August. I asked for the total claims and £30 court cost.
              I also added that I would accept this until the time I had to do a court bundle, then I would also add interest and the cost of the bundle in my claim.
              The reply was he couldn't settle my claim yet, he had other cases to settle with an earlier court date. He also advised me to follow the court process.
              As far as I am concerned I have warned them I will be claiming costs for the bundle and I will.

              Comment


              • #8
                Originally posted by enaid View Post
                I sent an email to Monument on 13th July asking them to settle as court date is17th August. I asked for the total claims and £30 court cost.
                I also added that I would accept this until the time I had to do a court bundle, then I would also add interest and the cost of the bundle in my claim.
                The reply was he couldn't settle my claim yet, he had other cases to settle with an earlier court date. He also advised me to follow the court process.
                As far as I am concerned I have warned them I will be claiming costs for the bundle and I will.
                OOOOhhhh, excellent Enaid, you go girl.

                Are you well, I hope so

                Take care

                Comment

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