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billywilder

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  1. Hi, I had a pretty expensive run in court with my ex over access to my kids. It is pretty much resolved now but I am disputing the costs of the solicitor as they are so high. A quick summary of my issues are that although they detailed that they would carry out cost benefit analysis with me throughout that was not the case. I paid 9k or so up to the month of the court case and then had another 9k bill the next month. I am disputing the second bill. Partly through no cost benefit analysis being carried out. Partly through costing being ambiguous, due to vat/disbursements not being made clear which the legal ombudsman specifically highlights as an issue that solicitors must comply with. Partly through mismanagement of costs in my opinion as they spent time on certain things that were no starters and instructed one barrister who only attended court to say that there wasn't enough time to complete what was required and it was put back. That cost me £1700. The legal ombudsman's guidelines state that the costing must be transparent in all cases and I feel that mine were not. I have passed it to the legal ombudsman's a year ago but they have a large backlog it seems. There is a chance that they won't even want to pursue my case. The solicitors have issued small claims proceedings. They recently offered me 6800 to settle. I was going to offer 2800. I think if I settle then I have to withdraw the legal ombudsman case. Happy to be corrected If I want to see it through I need to know how the costs work if I lose. If I lose I have to pay their legal costs I think. That would be more than I have. Would I be able to set it up under a payment plan? Would I be charged interest for the time it took me to pay. Would I be defaulted? My understanding is that if the ombudsman found in my favour then the solicitors would have to pay back whatever the ombudsman deemed to be fair. I would have to pay what they feel.is owed first to then recover it. Does anyone know of someone who could advise me as to my likelihood of winning the case or how best to proceed? Thanks Jon
  2. Old ones that I found going through the paperwork.
  3. 1.The Claimant claims 4540 for monies due from the defendant 2. This debt was pursuant to a regulated agreement(s) between the Defendant and The Student Loans Company. Each agreement had an individual account number as follows 3. The defendant failed to make payments as per the terms resulting in the agreement(s) being terminated. Notice of such is served by a Default or Termination Notice subject to the terms of the agreement(s). 4.The debt was assigned to the Claimant on 22/11/2013 with a notice provided to the Defendant. A new master reference number gfjsdhgskjdfhskjdfhskj was also applied upon assignment. The Claimant has complied with the Pre Action Protocol for Debt Claims The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 & 2 are noted the Defendant has in the past had financial dealings with the original creditor - The Student Loans Company. I am unable to recall the precise details of the alleged agreement or debt nor do I recognise the agreement numbers the claimant refers to .The Defendant has sought verification from the Claimant by way of a section 77 request which as to this date has failed to comply and remains in default. 2. Paragraph 3 & 4 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974 by the claimant nor the original creditor, nor of any legal assignment pursuant to the Law and Property Act 1925 section 136 (1). 3. On receipt of the claim, requests for information pursuant to CPR 31.14 were posted to the Claimant’s address on 3rd July 2019. To date the claimant is in default of my Section 78 request and their solicitors have yet to reply to my CPR request. 4. It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant’s alleged debt has reached the amount claimed for; and c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 5. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed. 6. On the alternative, as the Claimant claims to be an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief
  4. Reading through other similar defences it appears that the holding defence relies on having applied for paperwork and not having received it. I sent my CPR 31.14 yesterday and haven't sent a CCA request as I already sent one a few years ago to Erudio. Is it worth sending another CCA request now to make this defence more congruent or just leave it relient on the CPR 31.14 request?
  5. They appear to have tightened their act up. I have checked the claim form and they state the two individual account numbers from SLC and then group the totals together for the claim form. Anything else I can do?
  6. OK, let me know how you think I should proceed once you know. Thanks for all your help, it is much appreciated.
  7. Is it likely that there is a valid defence as I'd rather not just drag out the inevitable if not.
  8. Am I better just setting up a payment plan then rather than messing around with all this now?
  9. Because I messed up I cannot use the MCOL website to submit my AOS so have to download form N9B and fill it out manually and then email it to moneyclaim online at [email protected] I rang them and it seems to be the only way round it as I have used the password for this claim in error and moneyclaim online said that they couldn't remedy it for me. What is my defence now? Previously from your post I had 1 The Claimants Claim was issued on 03 Jun 2009 2 The Claimant contends that the claimants claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitations Act 1980. If, which is denied, the claimant contends that the defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the claimant. 3 The Claimants claim to be entitled to payment of £4544.03 or any other sum, or relief of any kind is denied. I assume that this is not a valid defence now as the debt is not statute barred
  10. I have to fill out and email my aos and defence now. The Aos is done, the defence was filled out as per your last message regarding it being statute barred but it looks like I need to change that now. I haven't sent the defence yet. How should I proceed? I have CCA'd them previously so seems little point doing that again. I am just filing the CPR 31:14
  11. Thanks. that looks good. I just started responding on mcol and have stupidly signed in using my company registration rather than my individual gateway id. Is there a way to remedy that? It wont let me login to the using my individual account because it is now linked to my company account. Can I assume that the claim is statute barred because it doesn't show up on my credit file?
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