Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #101
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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    Not all claims require a Skelly

    We could do with some help from you

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  2. #102
    Basic Account Holder blacksofa Novitiate



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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    All posted, special signed for delivery by 1.00 pm tomorrow. Next stop Skeleton Argument bullet points. Probably going to have the evening off!

    Edited: Sorry Andy I posted the above before I saw your post.


    I thought a Skeleton Argument was sort of my notes on the WS
    - bullet points - to remind me of my main arguments?


    At the moment I feel like I have read through that WS so many times that I'll be able to recite it
    - but that will probably change in front of a judge!


    What do you mean that not all claims require one?


  3. #103
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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    Quote Originally Posted by blacksofa View Post
    Probably going to have the evening off!
    Can I also

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  4. #104
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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    Think you definitely deserve it Andy. I edited my earlier post but probaby too late for you to see it.

    What do you mean that not all claims require a skeleton argument?

    Was mulling it all over on the way to the Post Office


    - my main legal arguments are (?)
    Hearsay on their part,
    statute barredicon,
    No Default Notice,
    lack of compliance with CCA/CPR requests (back up of suspect documentation)?


    If the judge decides to go down the 'probabilities' route
    then the probability is that with their hearsay documentation,
    reconstituted agreement, terms, letters and very generic list of transactions, and a claim of a default notice which appears to not exist, that debt (if it exists) could belong to almost anyone.


    Also there is a probability that,
    realising the imminence of statute barred for this alleged debt,
    they decided to have a last ditch effort to pursue the debt,
    and recoup far more than they paid for it when they purchased it,
    even though they were outside the statute barred timescale.


    Am I on the right lines here, or is that too inflammatory?

    Which reminds me...
    I keep forgetting to say this,
    but the debt has dropped off my noddle account at the latest monthly snapshot yesterday.
    Wish I had remembered to say that earlier.


  5. #105
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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    of no importance
    just means the default reached its 6th birthday

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  6. #106
    Basic Account Holder blacksofa Novitiate



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    Default

    Quote Originally Posted by dx100uk View Post
    of no importance
    just means the default reached its 6th birthday
    🎂😆


  7. #107
    Basic Account Holder blacksofa Novitiate



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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    Have been so focussed on the WS that I just realised I don't really know much about the potential outcomes of all of this!

    from what I can gather, the possible outcomes:

    Discontinued by Lowell/BW before the date

    On the day:
    If they don’t turn up – dismissedicon/struck out (is there a difference) or ruled in my favour?

    If they do turn up: dismissed/struck out; ruled in their favour; ruled in my favour

    If dismissed/struck out/discontinued or in my favour, can I claim costs and if so do I have to prep this in advance?

    Don’t want to spend time on it in advance unless I have to
    , or if there is a real advantage,

    as if I lose
    , I will feel that I have given them even more!

    I have had a look at a few threads re costs, but they mainly seem to be quite old.

    There are references to special court forms for this,
    but also some people seem to favour simply an itemised statement/list to take to court.


  8. #108
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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    Its small claimsicon costs are fixed already in their POCicon

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  9. #109
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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    Quote Originally Posted by blacksofa View Post
    Have been so focussed on the WS that I just realised I don't really know much about the potential outcomes of all of this!

    from what I can gather, the possible outcomes:

    Discontinued by Lowell/BW before the date Unlikely given that they have prepared and served their WS

    On the day:
    If they don’t turn up – dismissedicon/struck out (is there a difference) One and the same or ruled in my favour? Hope so
    If they do turn up: dismissed/struck out; ruled in their favour; ruled in my favour Correct

    If dismissed/struck out/discontinued or in my favour, can I claim costs and if so do I have to prep this in advance? You have to ask the Judge best to have a rough figure ready

    Don’t want to spend time on it in advance unless I have to
    , or if there is a real advantage,

    as if I lose
    , I will feel that I have given them even more!

    I have had a look at a few threads re costs, but they mainly seem to be quite old.

    There are references to special court forms for this, Thats for Fast Track..your in small claimsicon track
    but also some people seem to favour simply an itemised statement/list to take to court.
    Correct

    Andy

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  10. #110
    Basic Account Holder blacksofa Novitiate



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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    Thanks for the replies DX and Andy.

    DX - are you saying that I can only claim the same figure as they have indicated in the costs section of their POCicon?

    Edited... they have listed 50 legal representative fees. Is that the amount I can claim? I think I'll be over that with stationery, postage, and travel/parking expenses alone, or can I not claim them?
    blacksofa

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  11. #111
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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    Quote Originally Posted by blacksofa View Post
    Thanks for the replies DX and Andy.

    DX - are you saying that I can only claim the same figure as they have indicated in the costs section of their POCicon?

    blacksofa
    No...thats the fixed fees for the claimant costs for issuing the claim......if they win they can ask for further costs.....which is at the discretion of the Judge.

    We could do with some help from you

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  12. #112
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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    Quote Originally Posted by Andyorch View Post
    No...thats the fixed fees for the claimant costs for issuing the claim......if they win they can ask for further costs.....which is at the discretion of the Judge.
    So I can claim postage and stationery costs then (with receipts) and mileage? and car parking?

    What about this hourly fee for LIPs that I have read about (18 or 19), Can I also claim under that? I don't think I could put on a claim for the actual number of hours I have spent on it, as that comes into 100s.

    I have read that the max that can be granted by the judge is 2/3 of that which would be payable to a solicitor dealing with the case for you.

    Any ideas on what a realistic figure would be?


  13. #113
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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    And also 90 for a days work if you have to take a day off....have a rough tot up and you give me a figure your thinking of ?

    We could do with some help from you

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  14. #114
    Basic Account Holder blacksofa Novitiate



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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    Quote Originally Posted by Andyorch View Post
    And also 90 for a days work if you have to take a day off....have a rough tot up and you give me a figure your thinking of ?
    OK Andy, will do, either later tonight or over the next few days (back to work tomorrow). I have read somewhere mileage = 40p per mile - is that still correct?

    Not sure about the day off work issue - I have booked it as annual leave, so don't know if I can claim for that - bit miffed I have had to lose a day's leave though. (90 a day would be nice, but I'm in the sticks and working in Adult Health and Social Care, so 60 is more like it!)

    Blacksofa


  15. #115
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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    Yes as far as Im aware...40p per mile

    We could do with some help from you

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  16. #116
    Basic Account Holder blacksofa Novitiate



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    Default

    So... came home from a long early shift at work, planning to spend the afternoon/evening writing out my skeleton argument and my expenses, to find a Notice of Discontinuance from BW.


    Have rung the court and they have received their copy,
    the case has been removed from the hearings list on Friday
    and moved to the 'Dead Zone' which made me snigger.

    Enormous thanks to DX and Andy for your help.
    There is no way I could have achieved this without it.
    Pay day on Thursday and although it won't be huge,
    I will be making a donationicon.

    Drinking coffee and eating doughnuts whilst humming 'Fanfare for the Common Man'!

    Blacksofa


  17. #117
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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    no Lucky Man...know the album well


    dx

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  18. #118
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    Default Re: Lowell/bw claim form - old SimplyBe JDW CAT 'debt'

    Well done Black....I guess the Witness statement was worthwhile.

    Thread title amended to reflect the result........delighted for you.


    Regards

    Andy

    We could do with some help from you

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