URGENT: New Small Claim for Costs against Court Judgement

[Justme2021]

Hello

I am looking to file a new claim for costs of distress or damages/interest/paperwork for a Court Judgement granted already which is below £5k. However, contract defaulted upon in 2018, nothing paid since then even after Court Judgement made in June 2022.

The debtor has caused immense distress for a few years, filing various applications, prolonging matters, which has also cost myself in addition to suffering constant distress and health issues.

How would I add details in a brief description/particulars of the N1 form?

Should I state " I am claiming for costs, interest, distress/damages on a Court Judgement..." and then add figures under "Value" of amounts such as interest, which I understand can be claimed from date a contract is defaulted upon until now (since no payment received) at 8% p/a?

How much is deemed reasonable for damages/distress and costs of filing paperwork which required support?

Please help, I am very confused and anxious.

Kind Regards

[atticus]

Forget it. Your claim is likely to be struck out.

You should concentrate on doing whatever you can to collect on the judgement.

[Justme2021]

Forget it. Your claim is likely to be struck out.

You should concentrate on doing whatever you can to collect on the judgement.

Instalment plan ordered, I completed Third Party Debt Order form previously but debtor had insufficient funds to clear total Court Judgement.

Why can I not claim legitimate costs incurred over 3 years of debtor prolonging matter etc?

[atticus]

You claim costs in the case in question, not a new one.

[Justme2021]

Please help.

How can I claim costs on the current court judgement?

The judge said would be a new claim for costs of damages/distress, support with paperwork etc, but then said I should seek legal advice.

[islandgirl]

If you can't get payment for the original debt what would be the point??

[Justme2021]

If you can't get payment for the original debt what would be the point??

I began receiving payments in April, the instalment plan is to be reviewed 6 months from then.

[echat11]

I began receiving payments in April, the instalment plan is to be reviewed 6 months from then.

But this is what you say in your original post on this thread -

'However, contract defaulted upon in 2018, nothing paid since then even after Court Judgement made in June 2022.'

[Justme2021]

But this is what you say in your original post on this thread -

'However, contract defaulted upon in 2018, nothing paid since then even after Court Judgement made in June 2022.'

Yes when I began the thread that was the case. Do I need to write a new thread regarding costs?

Payments began thereafter, I just want costs for this case that I have suffered from for a few years.

[Justme2021]

But this is what you say in your original post on this thread -

'However, contract defaulted upon in 2018, nothing paid since then even after Court Judgement made in June 2022.'

To clarify I began receiving payments end of April 2024, whereas this post was at beginning when I had still received no payments whatsoever.

[atticus]

It might be helpful if you could explain what costs you wish to claim. Can you please give an indication of the amounts and what the costs were (court fees, travel, photocopying, solicitors etc).

Also, was this a default judgement or was it entered after a hearing of the case?

That said, I remain of the view that a claim now will be hopeless; the time to apply was when the judge made the award in your favour.

[Justme2021]

It might be helpful if you could explain what costs you wish to claim. Can you please give an indication of the amounts and what the costs were (court fees, travel, photocopying, solicitors etc).

Also, was this a default judgement or was it entered after a hearing of the case?

That said, I remain of the view that a claim now will be hopeless; the time to apply was when the judge made the award in your favour.

I was ignorant to the fact that I could apply for costs at the time of judgement. Unable to afford legal representation I had to search details and file claim myself.

Costs for posting paperwork, producing paperwork (printing), advocacy (support to complete documents), travel to court, distress/damages (undergoing therapy sessions over history with defendant) for prolonging of matters with defendant's evasive behaviour (not paying), enforcement costs (bailiff fees to pursue non-payment).

Court judgement entered after hearing.

Are such costs considered compensation it being outside the court judgement already made? Totally unfair having made a loss, I cannot pursue defendant to claim valid costs? Is this really how justice system treats victims?

[Justme2021]

It might be helpful if you could explain what costs you wish to claim. Can you please give an indication of the amounts and what the costs were (court fees, travel, photocopying, solicitors etc).

Also, was this a default judgement or was it entered after a hearing of the case?

That said, I remain of the view that a claim now will be hopeless; the time to apply was when the judge made the award in your favour.

Also can I claim statutory interest for a judgement below £5000?

[Justme2021]

I was ignorant to the fact that I could apply for costs at the time of judgement. Unable to afford legal representation I had to search details and file claim myself.

Costs for posting paperwork, producing paperwork (printing), advocacy (support to complete documents), travel to court, distress/damages (undergoing therapy sessions over history with defendant) for prolonging of matters with defendant's evasive behaviour (not paying), enforcement costs (bailiff fees to pursue non-payment).

Court judgement entered after hearing.

Are such costs considered compensation it being outside the court judgement already made? Totally unfair having made a loss, I cannot pursue defendant to claim valid costs? Is this really how justice system treats victims?

Apologies I missed the part where you requested amounts:

List I added for the Third Party Debt Order filed in early April when I began the thread;

1) Statutory interest from 10/08/2018 to 06/04/2024 (2066 days); £2905.64 (£2000 x 8% x 2066 days)

2) Damages for distress by defaulting/prolonging case, travel & court attendance; £1400

3) Advocacy for court documentation/paperwork; £600

4) Enforcement; £110

I used link for section for these, which I believe is Section 72? Or is it section 45?

Judge said she knew of section 45 but that the above are not fixed costs, and that enforcement costs can be claimed by raising it in the next review hearing for instalment plan (6 months from late April).

[atticus]

Thank you. My view remains the same.

You might have got the £600 for paperwork etc had you asked at the time. The claim in respect of therapy is not a claim for costs. At the very - and highly unlikely - best it is a claim for damages for personal injury.