:thumb:Ding dong

Unbelievable ineptitude of the first order from Wescot, who have sent me a letter dated 10 December advising me of 'my final opportunity to avoid a CCJ' and informing me that I 'should have received a copy of the CCJ from the County Court' and that a CCJ is now registered against me for the full amount shown....

Hmm - how can that be possible when I have a copy Order from the Court instructing Wescot to comply with their instructions by 20 December 2011.

Letter in the strongest possible terms going to the compiance manager at Wescot in reply to this misleading letter..... after the 20th December of course

Same letter same stage Advice on defence required. (last page)

Andy

Get a copy of their letter to the court with a complaint, and ask that it be put before a judge. He will have their gonads on toast.

Also copies to TS and the OFT – give them all barrels.

What a bunch on dissembling con artists.

Hmm, that is a Brian Carter and SCM trick isnt it?

Naughty, naughty.

I don't think its anything personal (probably automated) just their misplaced understanding of the legal process which equals their inapt understanding of debt collection.I personally would ignore and file.

Andy

On the other hand, andy, if someone without the help of CAG got that letter, a heart attack could well ensue.

Complaining to the court about such an abuse of process – it is more than an admin error, as it happens too often – will benefit other innocents if it stops them doing it because a DJ hauls them over the coals.

True DB but anyone without the help of Cag would most certainly have the CCJ at that stage anyway.Its utter nonsense if you read it :-

" sent me a letter dated 10 December advising me of 'my final opportunity to avoid a CCJ' and informing me that I 'should have received a copy of the CCJ from the county court' and that a CCJ is now registered against me for the full amount shown....

How can you avoid if its already registered. Back room Monkeys being over imaginative.

Andy

True Dave but anyone without the help of Cag would most certainly have the CCJ at that stage anyway.Its utter nonsense if you read it :-

 

" sent me a letter dated 10 December advising me of 'my final opportunity to avoid a CCJ' and informing me that I 'should have received a copy of the CCJ from the county court' and that a CCJ is now registered against me for the full amount shown....

 

How can you avoid if its already registered. Back room Monkeys being over imaginative.

 

Andy

I think some people shouldnt be given access to a keyboard

Probably did a cut and paste from 3 different letters

Indeed andy, evidence that it is a deliberate ploy and not an admin error. All the more reason to stick the toecap up the sphincter!

Indeed andy, evidence that it is a deliberate ploy and not an admin error. All the more reason to stick the toecap up the sphincter!

No thank you.. Do you know how much I paid for these shoes ?

Incredible that they sent exactly the same letter to the other guy, which suggests 'automated letter' all round - mine isn't signed and it does look like a computer produced letter rather than a personalised letter which Wescot have sent in the past.

I think that I'll keep my powder dry on it until after the compliance date, 20 December, has passed, and then follow their complaints procedure to the letter. If that means I have to escalate to OFT/TS so be it, but I should at least give them the opportunity to justify their ineptitude. Should they somehow come up with the documents then I can at least add their reckless letter to my bundle of evidence

Indeed andy, evidence that it is a deliberate ploy and not an admin error. All the more reason to stick the toecap up the sphincter!

Well not a dickybird from Wescot, aside from two misleading letters saying as a CCJ had been entered against me (it hasn't) I'd have to pay up, both issued after the Order of 6 December was issued.

Interestingly the Order is worded that I don't need to seek judgment against Wescot as it notes :

Unless the Claimant do file and serve the summary by 20th December 2011 the claim shall be treated as struck out and an order that the Claimant shall pay the Defendant's costs of a litigant in person such costs to be assessed if not agreed

So, do I now have to send my claim for costs to Wescot or to the Court for them to issue an Order ?

With regards to their misleading letters I will also complain to Wescot with a threat of a formal complaint to the OFT directly (one letter was careless at best, a second was just plain negligent) and possibly Trading Standards too

Although they wont do anything.. I would suggest you also make a complaint to the Solicitors Regulation Authority

There were a few solicitors that sent defendants this type of letter over the last couple of years and they really should be stopped.

I think you will need to confirm with andyorch as to how to claim your costs and also if you should be advising the court of Wesclotts' letters.

PS Does this seem like a reasonable set of costs :

Postage

Nelson Guest 8 October 2011 recorded delivery 1.23

Wescot 19 October 2011 recorded delivery 1.23

CCBC 26 October 2011 recorded delivery 1.23

CCBC 17 November 2011 standard delivery 1.09

TOTAL POSTAGE £ 4.78

Telephone calls

Wescot 18 October 2011 1.42

CCBC 1 November 2011 0.55

TOTAL TELEPHONE CALLS £ 1.97

Litigation in person @£18.00 per hour

Research of Case Law & Civil Procedure Rules – 6 hours 108.00

Drafting and sending letters and e-mails – 2 hours 36.00

Preparation and postage of Application Notice to Court – 2 hours 36.00

Preparation and online submission of Defence – 2 hours 36.00

TOTAL LITIGATION IN PERSON £ 216.00

(Note the application for the order did not cost me anything as I was exempt from charges)

You can also claim for paper, printing, travel to post office to post letters.

But yes, what you have posted up seems extremely reasonable

yes, if they have not complied with the order (to 'file and serve...'), (or did not manage to obtain an 'extension' from the court), then the strike would be automatic (no further order required). double check with the court that it has been struck. then send costs to w, as per the order (they will have a copy of the order).

This is what I intend sending tomorrow - does it look okay ?

I write with reference to the Court’s General Direction Order of 6 December 2011 and note you have failed to comply with Deputy District Judge Parker’s first order, specifically that

…Unless the Claimant do file and serve the summary by 20th December 2011 the claim shall be treated as having been struck out and an order that the Claimant shall pay the Defendant’s costs of a litigant in person such costs to be assessed if not agreed.

In that regard, your claim has now been struck out by the Court and I hereby attach my claim for costs of a litigant in person totaling £222.75. I look forward to receiving your remittance, payable to clayts, within the next 14 days.

Should you disagree with the amount without good reason or fail to remit this amount then, as directed, I shall have no alternative but to apply to the Court for a further Order which may result in additional costs to the Claimant. I am sure you would wish to avoid this course of action.

I look forward to hearing from you in due course.

Is it worth asking them whether they intend to pursue this matter again, or should I let sleeping dogs lie (I do intend to pursue MBNA for my PPI once this matter is sorted, as well as taking issue with their conduct of late) ? Ideally it'd be nice to get something from them saying this matter is closed, but maybe that's wishful thinking on my part

Observations welcome.

did you check with the court that it has been struck?

Not yet - I'm going to hang fire until after the weekend now as I know they will be operating skeleton staff at present

subbing

Sorry for lack of updates - was waiting for e-mail back from the Court (couldn't get through on phone)

Anyway.... here's the proof I needed :

Good afternoon,

Thank you for your email. I can confirm that the case was struck out on the 21st December 2011. I can also confirm that no Judgment exists in this matter.

So now to pursue Wescot like a rabid rottweiler.

Please amend the thread title - case struck out

Well done Clayts I will get your thread amended accordingly.

Regards

Andy

Thread title amended.