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URGENT: New Small Claim for Costs against Court Judgement

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  • #16
    Originally posted by atticus View Post
    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.
    Cannot claim statutory interest for amount below £5000?

    So is there is no claim for costs that I can make (assume need to file new one)? A form even?

    Comment


    • #17
      Yes you can make a claim. Anyone can make a claim. You have my view of the judge's likely decision.

      But at the end of the day it is up to you if you really want to throw more time and money at this.

      No need to quote me when you reply.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #18
        Spent 3 years already, I am battling on principle for my rights as had no other option left.

        Can I claim statutory interest for amount below £5000?

        When I make a new claim how do I stipulate the purpose? i.e. compensation for costs or personal injury? I rather not file separate claims for each, just sounds ridiculous.

        Comment


        • #19
          I entirely agree. Focus on getting the money you have been awarded - that will be enough of a battle

          Comment


          • #20
            Originally posted by islandgirl View Post
            I entirely agree. Focus on getting the money you have been awarded - that will be enough of a battle
            I have began receiving instalment payments as mentioned before from end of April 2024. This is not a battle now.

            It is claiming costs incurred that I require assistance for.

            I am still unclear how to do so. I understand it is my choice, but please advise on this.

            Would I need to file an entirely new small claim and under which circumstance do I file? or is it a part claim where I complete an particular court form like an N180 etc which will still be attached to the current case?


            Comment


            • #21
              My opinion and as you have been advised, attempt to recover what is already owed, as you are having problems trying to recover the original Court Order, just remember principles cost money, plus the stress, (and I know all about the stress involved) my thoughts are, its time to enforce the judgment, with bailiffs.

              Comment


              • #22
                Originally posted by DE DOGS View Post
                My opinion and as you have been advised, attempt to recover what is already owed, as you are having problems trying to recover the original Court Order, just remember principles cost money, plus the stress, (and I know all about the stress involved) my thoughts are, its time to enforce the judgment, with bailiffs.
                I mentioned previously, it is on an instalment plan, reason being I already exhausted option of bailiffs whom got nothing from him.

                Hence why I then requested freezing his bank accounts by completing a Third Party Debt Order, which then forced him to begin paying. Payment plan to be reviewed 6 months from end of April.

                Why can no one understand and just advise how I can proceed with the request I have made on here now several times? everyone keeps repeating same advice, which is triggering (I have PTSD and other conditions). I am unable to sleep, anxiety is overboard along with panic attacks.

                I am pleading for a straight forward answer please, as I cannot afford legal representation or paid advice (if I could I would have been better positioned with all issues arising now).

                I need to know how to claim costs be it as a new claim (do I then ask compensation or reimbursement?) or a certain numbered court form instead?

                Thank you


                Comment


                • #23
                  I think putting in a new claim will make you more anxious and is almost certain to fail. I do not know how to proceed but in your shoes I would start a new small claim though as everyone has said it is unlikely to succeed and you will be throwing good money after bad.

                  Comment


                  • #24
                    Originally posted by islandgirl View Post
                    I think putting in a new claim will make you more anxious and is almost certain to fail. I do not know how to proceed but in your shoes I would start a new small claim though as everyone has said it is unlikely to succeed and you will be throwing good money after bad.
                    Just to clarify, Islandgirl means to say 'wouldn't'.
                    (By the way, I'm always doing that).

                    Comment


                    • #25
                      Originally posted by echat11 View Post

                      Just to clarify, Islandgirl means to say 'wouldn't'.
                      did I? I meant if I was going to I would but I wouldn't....if that makes sense....!!!!

                      Comment


                      • #26
                        Originally posted by islandgirl View Post

                        did I? I meant if I was going to I would but I wouldn't....if that makes sense....!!!!
                        Apologies, o.k. got you, you're saying 'that's the way to do it, but it is likely to fail'.

                        Comment


                        • #27
                          Originally posted by islandgirl View Post
                          I think putting in a new claim will make you more anxious and is almost certain to fail. I do not know how to proceed but in your shoes I would start a new small claim though as everyone has said it is unlikely to succeed and you will be throwing good money after bad.
                          I am trying to claim legitimate costs, as I could not afford legal advice or representation else would have claimed at the start when I should have? This is my understanding now from advice.

                          Being a victim and ignorant to my full rights. it is the only reason I can put forward, but I am suffering as a direct cause of the defendant's behaviour to date, whom I have a history with.

                          In each hearing, defendant always demonises myself. My only fault, handed him monies to help? He is manipulative, as has been throughout all hearings of this case (apart from coercive behaviour with myself).

                          I am only stating the above for your insight and understanding, there are other horrendous factors (eg him blackmailing) which led to filing the case.

                          Is there no justice on earth for someone like myself? Can the judge not consider mitigating factors if and when I file another new small claim for costs?

                          Is this the only way to claim costs whatever the outcome you all deem? Is there no other court form could complete instead?

                          ​​Can statutory interest not be claimed for a judgement below £5000?
                          Last edited by Justme2021; 23rd June 2024, 10:58:AM.

                          Comment


                          • #28
                            Originally posted by echat11 View Post

                            Apologies, o.k. got you, you're saying 'that's the way to do it, but it is likely to fail'.
                            Yes that is exactly what I was trying (poorly) to say. As for the above questions I agree it does seem entirely and utterly unfair. I do not know if there is any other court form. I seem to remember from when I last used Moneyclaimonline that you add interest at the point of making the claim? No idea if you can do this retrospectively but I doubt it. Perhaps someone will know.

                            Comment


                            • #29
                              Originally posted by Justme2021 View Post

                              I am trying to claim legitimate costs, as I could not afford legal advice or representation else would have claimed at the start when I should have? This is my understanding now from advice.

                              Being a victim and ignorant to my full rights. it is the only reason I can put forward, but I am suffering as a direct cause of the defendant's behaviour to date, whom I have a history with.

                              In each hearing, defendant always demonises myself. My only fault, handed him monies to help? He is manipulative, as has been throughout all hearings of this case (apart from coercive behaviour with myself).

                              I am only stating the above for your insight and understanding, there are other horrendous factors (eg him blackmailing) which led to filing the case.

                              Is there no justice on earth for someone like myself? Can the judge not consider mitigating factors if and when I file another new small claim for costs?

                              Is this the only way to claim costs whatever the outcome you all deem? Is there no other court form could complete instead?

                              ​​Can statutory interest not be claimed for a judgement below £5000?
                              Blackmail? Have you evidence of this to take to the Police its a criminal offence The advice given on here all points to you wasting time and getting more stressed by making a claim which may well fail .have you considerd the costs of claiming a sum you stated earlier.

                              Comment


                              • #30
                                Originally posted by wales01man View Post

                                Blackmail? Have you evidence of this to take to the Police its a criminal offence The advice given on here all points to you wasting time and getting more stressed by making a claim which may well fail .have you considerd the costs of claiming a sum you stated earlier.

                                That is another story, I was advised to file a police report...and I did which is another matter. I was treated badly as per Victims Code (this is why victims do not file). Need to file a police complaint regarding this as you will not believe how the male officer managing the case (it changed hands 3 times which I found from filing online forms to chase progress) failed to notify he closed the case reports after defendant said in an interview, I was obsessed with him?!

                                I queried with officer's constable (with help from friend as overwhelmed), after which he replied. The investigation was on the wrong grounds not even the reports I filed at the start, they mixed it up.

                                4 files of evidence was handed in person even then all disregarded.

                                Where do I go for justice, I need to file a police complaint for action on the reports I filed which again I need help with..

                                I wish I had assistance to guide in the right direction to claim costs and file for some closure.

                                Sorry I am confused by your comment 'have you considerd the costs of claiming a sum you stated earlier.' Could you please clarify? Do you mean one lump sum as a new claim? Or have I misunderstood completely.

                                Comment

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