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StayingCalm

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  1. Hi sparty Just wondering if you may be able to claim back what you have paid to this DCA. Regards SC
  2. Hi bh Have just read through your thread. Any update? I saw Restons off about 12 months ago, they discontinued!! Regards SC
  3. Hi GhostDebt Re CL Finance statement. Will probably just ignore this. My strategy for the last 12 months has been to ignore (and file) all correspondence from DCA's. CL has been the only DCA to issue proceedings. Regards SC
  4. Hi GhostDebt I have also recently received a statement from CL Finance including costs. Brief summary CL Finance / HC issued an N1 against me. Sent CPR 31.14 request to HC – No response Issued N244 for delayed Defence and Unless Order for supplying documents (plus costs if they do not comply) Still no response from HC Court strikes out claim HC send cheque for my costs Statement from CL now has Court and Solicitors Fees and the Costs paid to me all added on!!!!!!!!!!!!!!!! Regards SC
  5. Hi Tonks Following your thread with interest. Have recently received my first letter from ****. Good luck Regards SC
  6. Hi LB145 Following your thread with interest. I too have recently received the same letter and 2 x T&C from Lloyds in response to my CCA request. Also the same letter from **** and now the same letter from MHA has just arrived. If you look at the small print at the bottom of the MHA letter you will see MHA is a trading name of Lloyds. You will also see all letters from Lloyds TSB (credit card statements), **** and MHA all have the same PO Box 487, Brighton return address on the back of the envelopes. Regards SC
  7. Have spent the last week reading this amazing thread and have at last got to the end. I wish Fred the best of luck and can not see how he can possible lose with all the help here. With regard to the VAT issue it is my understanding that Insurance Companies are unable to reclaim VAT, and this is the reason they always deduct VAT from claims if the Policyholder is registered. Regards SC
  8. Hi reggie As has been previously stated an Invalid DN should be a complete defence, and as stated by the Judge in my case is FATAL to the claim. (Restons discontinued). The two Solicitors you have seen may not be fully au fait with the CCA1974, so their opinions could be very misleading. Regards SC
  9. Good luck for today PF Regards SC
  10. See also from post 363 on, on zhanzhibar's thread. Very very good news!!!! SC
  11. Hi MM Thought that might be the case with the ‘offer’ they made. If the DN is defective you should have a cast iron case and this is probably the easiest weapon to use against Optima. They must surely realise their case is weak, and is the reason for their offer. Have you seen posts 314 and 325 by BRW on zhanzhibar’s thread. http://www.consumeractiongroup.co.uk/forum/legal-issues/137617-zhanzhibar-amex-aic-newman-6.html#post2177953 You can also counterclaim for unlawful rescission of contract, £1000 I believe. Regards SC
  12. Hi PF This is what x20 posted about costs after Discontinuance. Re: arrow global receivables/cope's solicitors Post No. 89 I have prepared a draft bill of costs for detailed assessment and draft notice of commencement. Both are attached in pdf format. In drawing the bill I have tried to keep it as uncomplicated as possible whilst seeking to demonstrate how to maximise the amount which might be allowed. The documents may be of general application in litigation to include for example, dealing with a costs claim after successfully obtaining an order setting aside a Statutory Demand, after making all such necessary modifications to suit. The bill begins with a narrative dealing with the nature of the case and the complexity of it as I imagined it may have appeared to the LiP. My imagination should not be treated as a statement of how the complexity in truth appeared to the LiP. Next is a chronological statement of the steps taken in the case as they will appear on the court file. I have not bothered to go through the entire thread to establish what occurred on what day. The LiP will have to do that. I have included provision for time spent which has been charged at an hourly rate of £9.25 in accordance with The Litigants in Person (Costs and Expenses) Act 1975. I can not stress enough that where time is included this is only a statement of time for the purpose of demonstrating how the figures would appear in the bill. My statement of time is not an estimate of time. Only the LiP can say how much time was spent and my statement of time may be an under- statement or an over-statement, I would not know. It is worth pointing out however that the court will recognise that a LiP will most likely spend more time in a case than a solicitor. The relevant Rule is CPR 48.6 with guidance appearing in The Supreme Court Costs Office Guide (COG) Practice Direction at CPR PD 48 COG 22.4 and .5. The question for the Judge considering the bill is if this case had been conducted by a solicitor, what would that solicitor’s reasonable total charge have been for doing that work? Having arrived at that hypothetical figure, the costs judge will assess the bill but disallow whatever the total bill comes to from exceeding two-thirds of the hypothetical figure. It seems to me the hypothetical solicitor may have spent say 6 hours dealing with all the work set out in the bill from beginning to end. At an average charge of £150.00 per hour, that produces a hypothetical figure of £900.00. In other words therefore, if the Judge held my view about what the hypothetical solicitor may have charged, the amount to be allowed to the LiP ought not to exceed £600.00. As you will see, my draft works out at £573.50. What to do Next Complete the bill adapting the narrative to your personal experience in terms of actual work done and actual time spent. Feel free to add to it where I have not imagined work which you actually did. Insert the dates and sign and date the bill. Next complete Form N252 available from the HMCS website here. You will ned to complete the court and party details in the box on the RHS. The draft N242 I have completed gives the position as if my figures were used. Where the total used in the bill is to be different, put that figure in the first figure box where N252 says: ‘The bill totals £xxx.xx’. (figure [1]) Next, add £300.00 to figure [1] and put whatever this figure in the next box where N252 says: the full amount payable (including the assessment fee) will be £xxx.xx). (figure [2]). Next insert a date in the box before which is written: ‘You must serve your points of dispute by’. This date will be a date being not less than 21 days after the date on which your opponent receives the bill and the N252. In practice, add 25 days to the date on which you post the bill out to your opponent. If that date should fall on a Saturday or Sunday, insert the date for the following Monday. Next fill out the box which provides a name and address at which the opposition may deliver any response to the bill of costs. The response will be entitled ‘Points of Dispute’. I don’t imagine one will arrive and if one does, how to deal with it will be dealt with in a later advice. Next, leave the box beginning: ‘I certify that I have also served’ blank Next, at the very end of the bill is a third figure box before which is written ‘If I have not received your points of dispute by the above date, I will ask the court to issue a default costs certificate for the full amount of my bill (see above*) plus fixed costs and court fee in the total amount of £’ . In this box take the figure [1] and add £45.00 to it. This is the figure which goes in this box (figure [3]). Print the N252 off, sign and date it. Next, send the bill and the N252 off to the opposition’s solicitor. After Having Sent the Bill and N252. Make a note when the 25 days will be up. I would expect the opposition to make contact with you in an attempt to settle the question of your costs. So as to avoid hassle and heartache, I would be prepared to settle at anything which came to about one third rather than two thirds of the hypothetical solicitor’s bill. On my example, that would be around £300.00 plus the court fee. You may want to settle at something less just to be shot of it. If any offer comes in which is wildly below £300.00 post to this site for advice. I would imagine the opposition will be very keen to settle since objecting will tie them into expense they will wish to avoid and any savings will soon be wiped out by employing a solicitor to deal with the objections. When the cheque comes in, make a donation to CAG. If you have not heard from the opposition by when the 25 days are up you will be entitled to apply to the court for a default costs certificate. When that moment arrives, post here. Any queries, just ask. x20 Attached FilesDraft LiP bill of costs for detailed assessment.pdf (56.6 KB, 157 views)Draft Notice of Commencement.pdf (29.9 KB, 111 views) There's also more usfull info in other posts on this thread. Regards SC
  13. Hi miss muppet And congratulations, very well done. I am so pleased my thread http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/145452-stayingcalm-abbey-no-cca.html has been of some assistance to you. Being my first case I learnt so much from pt and sx20. Anyway, good luck with your case, if Optima Legal have any sense they will discontinue before this gets too much further. Regards SC
  14. Hi AG Very well done. Great result. And thanks for the detailed report of the proceedings. Regards SC
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