Jump to content

carman

Registered Users

Change your profile picture
  • Posts

    15
  • Joined

  • Last visited

Reputation

1 Neutral

1 Follower

  1. Cheque received and banked, sent silver service too - that must have really hurt. As promised I've sent a contribution€.
  2. Went to court today and I did specify the amount I was looking for as an indemnity award. CapQuest had already agreed that they couldn't defend but I went along anyway to claim my Costs. Well, I've been awarded 4 figures but the judge expects CapQuest to appeal!! I suppose I'll find out in the next 28 days. For anyone else that wants to go for costs I got this from the hearing: I sent in my award for claim for costs by fax and the Clerks' Office lost it; check with the court before you travel or the judge may not be expecting you. Also bring with you proof that your DCA has received a copy of your request. If claiming loss of earnings bring along proof preferably in the form of a letter from your employer. My judge expected costs to be proportionate to the amount in question - he appeared to be working on approximately 10% max. Be careful how many hours you claim for Litigant in Person costs to learn areas of law. With a SD he was adamant that it is a simple task to set it aside and you don't have to learn anything just follow the guidance on the form! I maintained that a layman had to learn the areas of the law in order to understand the implications of an SD. Finally, really lay it on thick that the DCA has abused the Insolvency process and so fair costs MUST be awarded in order to send the correct signal. I'll let you know what happens next and I'll be sending a contribution to the site when I get my cheque. PS Can a mod add the WON WITH COSTS to the thread title?
  3. This is excellent advice but I have just one more question. When asking for an indemnity award do you ask for a specific amount or is its size(if any) at the discretion of the Judge?
  4. Will do, especially as the office next door to mine unveiled a shiny new plaque today, "Office of Fair Trading" !
  5. Thanks, so loss of earnings is possible against a frivolous case? That might explain why CapQuest are employing double talk by trying to get me to drop the hearing so they won't claim costs AGAINST ME!
  6. CapQuest had issued a Statutory Demand for Bankruptcy, I applied to have it set aside and CCA'd them for proof. They haven't been able to find anything and are now getting pretty obnoxious about my hearing date; saying they are happy to withdraw without charging me, its going to make it worst for me in the long run if I don't cancel the hearing etc.. I'm happing to go along with it and indeed I think the Clerk of the Bankruptcy Court wants me to as he and the judge are getting "pretty fed up with CapQuest"! I want to present a request for costs and would very much appreciate any assistance that can be given. Specifically I'm looking for help on: When do I present my request? What format has it to be in? How much can I claim for lost earnings, legal preparation fees, travel etc? Can I claim for damages? Thanks to anyone that can help.
  7. Hi everyone. Capquest have been chasing a rogue (its not mine honest!) Amex debt. They've tried a Statutory Demand, which they withdrew and have admitted they can't find (yet) a CCA. I have given them 28 days to remove all Credit Reference Agency submissions but they refuse to comply. I have recently been refused a credit card upgrade which has made me very hacked off but, I am preparing legal papers to enforce removal but need cases, reasons etc Any help would be appreciated.
  8. This is the bit I don't get about SDs. One can be issued without registering it at a Court so if they say in writing its been withdrawn itsn't that the end of the matter? How could they proceed with a bankruptcy hearing if they've withdrawn the SD? I'll write and ask for confirmation.
  9. Latest update: I wrote to Connaught explaining that first contact being insolvency demand would not work and explained to them that they had withheld information that I would need to "help them". Explained that I would be getting a set aside unless they withdrew and my personal fees are very expensive. 22/7 Connaught collections wrote that they would withdraw the SD, close their files and return to 1st Credit. I suppose I have to ask someone here is is that simple and can I not now get the original SD set aside and claim some money off them? I also sent a CCA request to 1st credit. I have the standard reply from them with the relevant account numbers for the first time. In their letter they mention that under Section 136 of the Law of Property Act 1925 they only have to tell me they have an assignment deed, I can't have a copy of it. Is that so, do I have no right to a copy of the Deed of Assignment?
  10. I've just noticed that this signature like the one on my SD is pp'd. Isn't that not allowed under Court procedure rules?
  11. Fantastic answers I will certainly keep the forum abreast of my progress. I was unaware that Bankruptcy can be applied for without an associated debt being heard by the County Court first. This is certainly an inappropriate use of Bankruptcy legislation and I'm not surprised that Judges are not pleased. Because of the nature of my company I get demands for debts I know nothing about all the time. When your name and address are published all sorts of chancers think they can threaten you to admit or payup for a debt that you know nothing about because they know my reputation and financial history have to be A1. In the past I have replied by email or letter pointing out the danger of making malicious claims and this suffices but this is the first time a first contact has been to make me bankrupt! I say my company, so you can have some idea what my daily rate is and it is a significant element of the debt they are claiming - that's why I was interested that I could make a claim for expenses.
  12. Thanks for the reply. So just to check a few things that are not clear on the other threads: A Statutory Demand does not have to name a Court. A Statutory Demand does not have to be served and back dating it(which they've done) and sending in the post is now regarded as OK. Even though they have no proof of me receiving it they can still go ahead. A company can bring a Statutory Demand without ever contacting you before the Demand. You can apply to have it set aside because it is disputed and you have to contact the company for proof of their claim under the CCA. They must prove their debt staisfactorily before the hearing or can they bring their proof to the hearing? If they cannot proove the debt the Demand (and Bankruptcy proceedings)should be set aside (but this down to the Judge)? When the Demand is set aside the Insolvency Petition is automatically staid? Because they are bringing a Statutory Demand without proof you can claim hearing costs including a day's wages? I just wanted to be clear of the procedures before I act. Carman
  13. Hi everyone. 1st Credit must have been very busy this week, I have also received a Statutory Demand from 1ST Credit (finance) Ltd for an Mbna debt assigned to 1st Credit. Now I don't recognise this Mbna debt and they have not included any particulars, apart from the sum, in their petition. As I am very angry at being sent an Insolvency Petition when no-one has even contacted me to find out if I am the right person they should be chasing I want to CCA them but also to have it immediately set aside. However when I checked Part A of the Demand that is meant to have the relevant details to have it set aside I find the following: Part A Appropriate Court for Setting Aside Demand Rule 6.4(2) of the insolvency Rules 1986 states that the appropriate court is the court to which you would have to present your own Bankruptcy Petition in accordance with Rule 6.40(1) and 6.40(2). In the accordance with those rules on the present information the appropriate court is [YOUR LOCAL COUNTY COURT] Any application by you to set aside this demand should be made to that court. FOR CONFIRMATION OF YOUR RELEVANT COURT, OR IF YOU BELIEVE YOU HAVE GROUNDS TO SET ASIDE THIS DEMAND, PLEASE CONTACT OUR OFFICE ON 0208 253 0343. Now I need an expert on Statutory Demands to help me here. Is this Demand complete b******s or can 1st Credit really send a Demand without naming a Court? If so how am I meant to get it set aside? Or is it as it appears to be, a ruse to get me to phone them and 'fess up to an imaginary debt? Carman
  14. Seems I should demand proof of account for the credit card but what's the equivalent for the overdraft they claim? Is that covered by the CCA 74 also?
  15. Hi Everybody This case is, I think, so unique that it is too complex for a high street solicitor so I'm hoping that members of this forum might have a few answers for me. My accountant has just forwarded to me 2 letters sent recorded delivery to his address yet in my name! Both letters are from Lowell Financial anouncing that debts have been sold to Lowell Portfolio I Ltd at various dates over the last two years. Both letters are asking me to contact them over the alledged debts. Now why they have written to my accountant and not me is very puzzling, and sending the letters by recorded delivery seems a weird thing to do. I have searched this forum but haven't found another reported case of this company using this tatic. Putting any notion of my accountant giving my name to them aside the only public place this information is recorded at is Company House where this address is listed as my registered office for my company. But this listing is public information and also includes my home address! The questions I have at this point are: Why did they send to my accountants and not my published home address and does this effect any potential liability? and, Does using an address that is not connected with me as an indiviual not contravene some Data Protection law or indeed constitute defamation? As for the alledged debts: One is for an old bank account for my company. They don't mention our company in their letter at all and I know while they are chasing the wrong person it is a futile exercise but, assuming they twig its the wrong person and get it right, the account was closed by HSBC after we didn't use for a few years and they slapped excesive bank charges on it. We tried to chase HSBC to pay off any money (pre the general realisation that bank charges were legally excessive) but as the account was closed they refused to talk to us! We waited for them to chase their overdraft because they had a first charge over our company but heard nothing! So we were advised to wait for the six years to elapse and then write off the debt. However now HSBC has sold our overdraft. So my next questions are: Do I ask them to confirm it is my personal account under the CCA 1974 or using what regulation? And hope they don't have proof? If they proove the debt is with my company, as they now own the debt do I threaten them with an action for unfair bank charges? and, Does anybody know how to get HSBC to lift the First Charge if they've sold the debt? The other demand is for an old Capital 1 debt. For this do I demand a CCA 74 proof? And finally Lowell obviously don't have my address and I am worried by the reports that they slap a bad credit rating on my address when they get it, so is the best thing to do? Nothing as they don't have a proper address to serve papers on me personally or, Do I only communicate by email? or, Use my registered office address because it can't hurt my personal file? Tricky isn't it? Thanks and please send me advice and warn me of any pitfalls. Carman
×
×
  • Create New...