skeggsy v nationwide wasted costs

[skeggs885]

Tgt you might like to see the progress or non progress on this issue. sat on the fence for ages after reading up on this issue, and decided what the hell and go for it anywayz.

took ages detailing every letter, and tracking numbers for recorded del etc and put it together with a list of all cases that had been settled prior to the court date.

put it forward to the court today and sent copy to the dear mr bacon in legal team who must be sick to death of the skeggsy.... then read some links on the other site that said that it was a non goer and that you have to apply for wasted costs at the time of making the claim.

dont see how this can work when you wouldnt have a clue what the costs were unless you are skilled in the art of tea leaf reading,,, i can see the logic and think this is how criminal law is conducted putting the costs to the judge.

I will let you know the outcome and if this is the case next claim i put in will come up with a feasable figure based on past experience.... anyone know any different pse let me know.

skeggsy

[Amethyst]

Okay I wont pretend I know a great deal about wasted costs order but I dont think you put them in at the time of claim.

This is 48.7 for the moment and i'll come back when I do some more reading

II COSTS RELATING TO SOLICITORS AND OTHER LEGAL REPRESENTATIVES



Personal liability of legal representative for costs – wasted costs orders 48.7 (1) This rule applies where the court is considering whether to make an order under section 51(6) of the Supreme Court Act 1981(7) (court’s power to disallow or (as the case may be) order a legal representative to meet, ‘wasted costs’).
(2) The court must give the legal representative a reasonable opportunity to attend a hearing to give reasons why it should not make such an order.
(3) Omitted
(4) When the court makes a wasted costs order, it must –
(a) specify the amount to be disallowed or paid; or
(b) direct a costs judge or a district judge to decide the amount of costs to be disallowed or paid.
(5) The court may direct that notice must be given to the legal representative’s client, in such manner as the court may direct –
(a) of any proceedings under this rule; or
(b) of any order made under it against his legal representative.
(6) Before making a wasted costs order, the court may direct a costs judge or a district judge to inquire into the matter and report to the court.
(7) The court may refer the question of wasted costs to a costs judge or a district judge, instead of making a wasted costs order.

[Tools]

wasted costs template

Re: Wasted Costs order

You can modify this letter to suit the circumstances.
If your defendant has supplied spurious part 18 requests or made part 36 offers even though your claim is clearly a small claim then tell the judge about it.
If your bank has used other tactics to impede or frustrate your litigation then include a brief account of it in this letter.

Such tactics by the banks are deceptive and calculated to frustrate justice.

The bank has wasted your time as well as that of the courts and you should require that your wasted costs be paid by the bank.

Quote:

Your address

The Court Manager
xxxxxxx County Court
Court address
and postcode

13th February 2007

Dear Sir/Madam

Case name and number

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, namely £xxxxx.xx.

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 XXthe bankXX was the Defendant. Every one of these cases was settled in full before a hearing despite a defence being entered by the Defendant.

Further, in relation to my claim, the Defendant failed to file any documents to the court, breaching the orders made by District Judge name of judge on dd mmmmm 200X. Again this is typical of the Defendant’s approach in other cases of which I am aware.

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. A copy of this letter, with attachments, has been sent to the Defendant.

Yours faithfully,



Your name and signature

...


Red- fill in your own details

Purple - If the defendant failed to submit a bundle then insert this paragraph which helps to demonstrate the defendant's unreasonableness and lack of intent

[Amethyst]

The letter pasted above should be amended to suit and sent to the court before withdrawing your claim from court, after settlement negotiations.

Hope that helps a little.

[skeggs885]

skeggsy wasted costs nationwide

peeps thanks for the time to respond and the templates. I have read this and submitted my claim, I can only see what comes back then we will have a definate answer from money claim at northampton. skeggsy

[skeggs885]

skeggsy wasted costs

The letter pasted above should be amended to suit and sent to the court before withdrawing your claim from court, after settlement negotiations.

Hope that helps a little.

ahh maybe thats what i should have done not closed the claim but sent in the letter above first. i settled and can see that they will say the claim is now done and dusted.

[skeggs885]

ahh maybe thats what i should have done not closed the claim but sent in the letter above first. i settled and can see that they will say the claim is now done and dusted.

saw this thread and thought I would let you know I didnt even receive a reply from the court!