Barclays & Halifax Costs Hearing 10th July

[Paule]

Well Ive got my hearing for the application for costs in a couple of weeks.

I know a few Judges are now starting to take this seriously and ward costs.

With my case Halifax acknoeldged my claim AND settled the claim the next day?? Why not just admit the full claim? Abuse of process me thinks

Anyway here is the Notice

[StoneLaughter]

Where?

[Paule]

Where?

Where is my case? or Where have Judges been awarding cost?

[Amethyst]

Paul

Any chance you can post up your application for costs ?


Thanks

Ame
xx

[Paule]

Application of Costs to Cout

This is what i sent to the Court

69 xxxxxxxxxx
xxx
xxxxxxx
xxxx

Court Manager
Tameside County Court
PO Box 166
Henry Square
Ashton-Under-Lyne
Lancashire
OL6 7TP
Case: xxxxxxxxxxx

8th June 2007

Dear Sir/Madam

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled. The Defendant paid the full amount claimed.

As such, no further action is necessary in respect of this claim.
However, I believe that the Defendant has behaved unreasonably in their approach to defending this claim, not least because I believe the Defendant had no intention of ever defending this claim at a hearing.

I also enclose a list of all cases of which I am aware in which Halifax Bank Plc was the Defendant. Every one of these cases was settled in full before a hearing despite a defence being entered by the Defendant.

The Defendant’s unreasonable approach in defending a claim it always intended to settle has directly incurred myself unnecessary costs as outlined in the attached list of costs, and therefore I respectfully request that the Court consider awarding these costs, or such costs as it deems appropriate, as outlined in the Civil Procedure Rules 27.14(2)(g):

(2) The court may not order a party to pay a sum to another party in respect of that other party's costs, fees and expenses, including those relating to an appeal, except – (g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.

Yours Faithfully



Mr P

Draft General Form of Judgement or Order

In the Tameside County Court
Claim Number

xxxxxxxxxx

Between

Paul

And

Halifax Bank plc

Upon reading the claimant's letter dated 8th June 2007,

IT IS ORDERED THAT

1. Defendant to pay Claimant's costs, the Court being satisfied that the Defendant acted unreasonably in defending the claim without any intention of allowing the matter to trial.

2. Claimant' s costs summary assessed at £294.88 , based on Claimant' s schedule and allowing 33.5 hours preparation time.

3. Defendant to pay £294.88 to Claimant within 14 days of this order.

4. NOTICE OF ORDER MADE WITHOUT A HEARING
Because this order has been made by the court without considering representations from the parties. the parties have a right to apply to have the order set aside. varied or stayed .
A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive to the court office within 7 days of receiving this order.


Dated 11th June 2007

[Amethyst]

Okay that all looks very good - I assume the bank applied to vary the order ?

have you had anything from bank or court between the order to pay and the notice of hearing ?

[Paule]

Nothing from either as yet..

Gonna call the bank on Monday to check they have received their copy

[enaid]

Is there time not up then Pkea I thought it said 7 days from receipt. if they got it on the 15th that would only take them to the 22nd

[StoneLaughter]

Sorry - my "Where?" was in response to your "Here is the Notice" - I posted as you can see before you'd posted anything else LOL.

[theGobbyOne]

Halifax did same with me too, they paid me after they filed defence of my claim, however they said it was a goodwill gesture as the cost of them defending my claim would far outweigh the cost of my claim which was for 5.5k but its just delaying tactics i think

[StoneLaughter]

Halifax did same with me too, they paid me after they filed defence of my claim, however they said it was a goodwill gesture as the cost of them defending my claim would far outweigh the cost of my claim which was for 5.5k but its just delaying tactics i think

Had there been ANY goodwill involved, they would have paid following your first letter, and before any court involvement was required. They always spout this utter nonsense to everyone; and that's exactly what it is, nonsense.

[Paule]

Has anyone any experience of a 'Hearing of Application'
I am presuming that it will be just me and the Judge, no bank, and that i will be putting my case as to why i think i should be awarded costs.
Ie to explain the documents I have sent and how the bank have showwn that they coudl have sorted this sooner.

I'm no stranger to court, but as this is personal it just feels totally different..weird Eh!

[StoneLaughter]

I would rather think that as you're applying for an Order against the Bank, that they will be invited to speak in their "defence" at any hearing.

Has a Hearing been ordered, then? I was kind of assuming that the Judge would look at your application and decide there and then whether or not it was appropriate to make the order. It will be interesting to hear what goes on in such a Hearing.

[Paule]

From what i understand of this is:
I sent letter and draft order (post 5)
I then expected a response along the lines of
a) yes, order granted
b) Yes, different amount
c) No

It seems that there will be a hearing (post 1) for me to put my case and explain the documents i sent, to the judge for the order to be granted.

I will give the court a call just to clarify and then post their response

Paul

[Paule]

Right Just spoke to the court and basically its this:

The hearing is for me to put forward my arguement for why costs should be awarded
and
For Halifax to put forward their arguement for why they shouldn't

I will give Halifax a call later and ask if they are attending..

anyone know the email address format for Halifax
My contact is Gunita Benjamin or thats who signed the settlement letter anyway