Barclays & Halifax Costs Hearing 10th July

[Mad Hatter]

Good luck PK.. i'm sure it will all be ok. I'd be surprised if either turned up to be honest.

MAD

[Paule]

Good luck PK.. i'm sure it will all be ok. I'd be surprised if either turned up to be honest.

MAD

Barclays are due to turn up, I have the name and their costs schedule for their barister.
No word from Halifax though

[Paule]

Just spoken to the court to see if everything is stil going ahead as scheduled.
Halifax is still ok, but they dont have Barclays on their list..
strange, seen as though they are both scheduled for the same hearing.

Any way, I will still be there,

Just printing off my last parts of evidence, copies of 'abuse of process orders' then i'm all set

[Amethyst]

whats the barclays costs schedule say ?

[Paule]

They are both pratically the same except that there were calls and faxes to Barclays as they settled a few weeks before the court hearing date, whereas Halifax settled on acknowledgement of the claim.

Anyway, Barclays are suposed to be attending according to emails ive had from them, so they will have had a wasted journey. lol

[Mochamoos]

ARe you back yet.....

[StoneLaughter]

LOL exactly the same reason I came back here... to see what the news was!

[Mochamoos]

Pmsl...I am going to lurk till he comes back....

[Amethyst]

lurky lurky lurk..............

[Paule]

Summary of Today’s Event

Attended court and booked in
Barrister for Halifax arrived and disappeared into a side room
10mins later barrister for Barclays arrived.
He came over and introduced himself and just confirmed that I had informally asked for costs application and that he thought the court had misinterpreted this and this was why the hearing was scheduled.
Anyway he told me that he would be defending on the basis that I had signed for the settlement as Full and final and therefore could not now go back to ask for more.
He gave copies of some documents he would be relying upon 1st one was a copy of some detail from the lawyers book of gobblygook (or might has well been) in fact was an extract on ‘Promissory Estoppel’ from Halsburys Laws of England. The other document was an extract from Combe v. Combe c1943.
I then gave him copies of my evidence and supporting documents and explained them to him. He then went away and told me if I had any questions just to come over and ask.
The Halifax barrister came over and introduced herself after the Barclays man had been and seen her. She basically said that there was nothing to give me and that I had given a breakdown to the Barclays man. I then produced to give her a copy of my evidence and supporting documents which took her by surprise. Then she disappeared again.
We were then called in to the court, all 3 of us plus the judge.
The Judge started by stating that this hearing is for the application of costs following the settlement of the claim. He then asked me to tell him why I should receive costs. Luckily I had been given additional supporting documentation as well as I had a rough copy of a formal application, so I read through the formal application, which was difficult because I was speaking against 2 banks at the same time, which both did different things during the claim. Anyway once I had gone through that and given the Judge a copy of my supporting evidence he asked Halifax for there response. They basically stated that as I had accepted an offer in full & final settlement that I was not entitled to now claim for costs, and that they wanted their costs for the hearing awarded.
This is when it struck me, that from an informal asking for costs, it had become a possibility that I could end up paying both their costs and this worried me...
The Barclays man just agreed with Halifax.
The judge then stated that all awards would be judged on their merits.
We then left the room while he deliberated.
We all went back in and he started with my claim. He read the CPR section with regard to costs in the small claims track, and stated that the purpose of small claims is to not have large costs involved. He read out scenarios of when costs could be awarded. He then went on to say that he did not believe that either bank had behaved unreasonably in their defence and they are within their rights to pull out or settle if they feel that on a commercial basis it will be cost effective.
Oh ****, I’ve not won, but have they
He then went through the same speech and stated that as I was a litigant in person he did not believe that I had acted unreasonably and therefore no costs awarded to the Banks
Phew
The summary was that no costs will be awarded to either party and that will conclude both cases.

After the hearing the Barclays guy asked if I had any questions, and I said no, but it had been an experience as it was my first time. He said I was OK for a first time especially standing against the banks on my own.

I then left the building and sat in my car, and thought THANK GOD THAT’S OVER!

Strangely enough though both the barristers drove off together…

[standingupformyself]

So, how do you feel now? Bet you are glad that today is over.. Not sure I would have coped as well as you have appeared to have coped..

[enaid]

Well hats off to you PKEA you tried, it's a case of nothing ventured nothing gained. It's that, that spoils it then is it Full and Final Settlement and the fact that small claims is to keep costs down. I think you were dead brave anyway, next time will be easier
I congratulate you anyway

[Paule]

There are things i would have done differently, but hindsight a great thing.
I may try again at a differnet court, but when the banks asked for their costs it suddenly seemed like i was stood on the edge if a cliff.

I am going to examine what i did and how things could be changed.
But the main point is that its up to the Judge, and how he feels about it.

Anyway I spent this evening at the Police Station (different matter) and i'm having a drink, so i will post some more on this tomorrow after I have had chance to reflect

[Amethyst]

‘Promissory Estoppel’ from Halsburys Laws of England. The other document was an extract from Combe v. Combe c1943.


just picking it out for later ref lol


Well done Paul - sounds like they gave you a tough time and you had a decent judge....good on your for going with it and sorry you didnt get your costs, but thank goodness they didnt get theirs.

Enjoy your drink sounds as tho u deserve it.

[StoneLaughter]

Well done PKea... and I'm sorry you didn't get the result you wanted; but like you say there are probably lessons to be learned from the way it went - I hope you're up to sharing them when you have it all down. Thanks for keeping us informed and I hope that the Police matter is nothing too serious?