Ok folks, sorry about the delay in replying. How do i go about getting the n252 form? do i have to apply directly to the court and they send a form to me?

hi annie, if you see my post #81, thats the letter i sent BC to try and claim money back.

--------------------------------------------------------

i received a letter from BC today...

Thank you for your letter dated 17th October 2011 the contents of which we note.

 

We confirm that our client discontinued this matter for commercial reasons only. It is our clients positiion that the outstanding debt was lawfully due and it had a valid cause of action.

 

Regardless of this, the matter would have been allocated to the small claims track and therefore in these circumstances you would not be entitled to your costs, especially as there was no hearing. We reject each and every item on your bill of costs and for the avoidance of doubt the same is disputed

hmmm, what to do next?

ah balls, i already sent it to Carter. I'll see what they say about it.

nice one, cheers. im off to the post office to send this lovely letter to them now

do i send the n252 form with this letter?

Thats all i need to wing their way tomorrow? nice one

ok so here's a rough first draft. im guessing the n252 form wont come into play until i hear BC's response to this ?

IN THE NORTHAMPTON (CCBC) county court

 

BETWEEN -

 

Phoenix Recoveries Ltd s.a.r.l - CLAIMANT

 

and

 

Goonboy - DEFENDANT

 

DEFENDANT'S BILL OF COSTS

 

After Service of the Claimant's Notice Of Discontinuance

 

Costs Payable By The Claimant

CPR 38.6 and CPR 44.12(1)(d)

 

On 1st July 2011 the claimant commenced proceedings in relation to an alleged account held by the defendant with the claimant.

 

A defence to the claim was submitted on 25th August 2011.

 

On 2nd September 2011 the Claimant served Notice of Discontinuance of the whole of its claim this notice was received by the defendant on 7th September 2011.

 

At all times the defendant was a Litigant in Person within the meaning of Litigants in Person (Costs and Expenses) Act 1975 and time spent by the Defendant is charged herein at an hourly rate of £18.00.

 

The case, being one relating to an account, required the defendant to spend time in locating and examining the documents and statements relating to the account, in order to determine whether or not all financial obligations had been fully discharged at the time.

 

The Defendant was obliged to spend time in considering and understanding numerous strands of law, including the Consumer Credit Act 1974 and all subsequent amendments thereof, and the Unfair Terms in Consumer Contracts Regulations 1999.

 

The Defendant was obliged to spend time in drawing his/her defence, requests for information under the Civil Procedure Rules. The Defendant was further obliged to consider the Notice of Discontinuance and its effect upon the litigation and his consequential rights and obligations to include his rights and obligations upon the matter of costs and the relevant rules and practice directions of the CPR in reference to the detailed assessments of costs as applied to Litigants in Person.

 

The following is a statement of the work done in the course of the proceedings. Where there is a charge for time spent, the amount of time recorded as spent represents the Defendant's fair estimate of the amount of time spent by him-

Claimed £543.13

 

1 05/07/11

Particulars of Claim

2 07/07/11

Acknowledgment of Service

 

3 25/08/11

Defence

 

5 Date 02/09/11 RECEIVED 07/19/11

Claimant's Notice of Discontinuance

 

6 Work Done

Receiving and considering the Claim Form and the Particulars of Claim (3 hrs) £54.00

Searching for and locating paperwork relating to the alleged account (3 hrs) £54.00

Acknowledgment of Service (1hr) £18.00

Research regarding consumer law (3 hrs) £54.00

Court Fees £45.00

Preparing defence (4 hrs) £72.00

Receiving and considering Notice of Discontinuance (1hr) £18.00

Research regarding CPR 38.6 and CPR 44.12 (3 hrs) £54.00

Research regarding detailed assessment proceedings and Litigant in Person (Costs and Expenses) Act 1975 (4 hrs) £72.00

Preparing Bill of Costs and Notice of Commencement of Costs proceedings (2 hrs) £36.00

 

Time spent in writing letters CPR 31.14 request and CPR 18 request (3 hrs) £54.00

 

Recorded Next Day Delivery charge for letter requesting information pursuant to Civil Procedure Rules Part 31.14 £5.45

Recorded Next Day Delivery charge for letter requesting information pursuant to Civil Procedure Rules Part 18 £5.45

Recorded Delivery charge for Bill of Costs - £1.23

 

Total Costs Payable To The Defendant £543.13

 

 

Dated : 17/10/11

 

Signed : Goonboy

thanks bazaar, will try that letter first. But is it BC i send it to? or one of the others (Fredrickson, Phonix, Arrow). i guess this is their plan, to try and confuse me lol. And do you think i should throw the "dishonest" line in there about them putting in the wrong claimant.

guys, im not gonna lie to you. i havent got a clue where to start here. Im trying to find some kind of template to send to the court but getting no luck. im also wondering which company i send the letter, fredrickson, phoenix, carter, arrow?

really confused. if someone could explain it in idiot speak, i will be forever in your debt

ok so first i need to write to the courts about the costs and about the misrepresentation thing.

What is TS and OFT? and how would i go about reclaiming these costs. I just dont know where to start to be honest..

Arrow Global Limited, effective 13th May 2011. What date was the summons and who was the Claimant Goon?

 

Andy

the claimant was Phoenix, and the summons was in July...2nd i think.

Its not over yet!

Received this letter in the post this morning....

NOTICE OF ASSIGNMENT

 

We advise you that Phoenix Recoveries (UK) Limited S.A.R.L has assigned all of its respective rights, title and interest in respect of the above referenced account (including the right to receive payment of the outstanding balance) to Arrow Global Limited, effective 13th May 2011.

 

Any payments made on this account after 31st December 2010 will be passed to Arrow Global Limited and will be deducted from the current balance.

It is essential that all future payments and correspondence regarding this account be directed to:

 

FREDRICKSON INTERNATIONAL LIMITED, PO BOX 260, WEYBRIDGE, SURREY, KT130YH.

 

 

You should contact Fredrickson International Ltd to organise payment of this account as a matter of urgency. If however, you believe that you have received this communication in error or that the outstanding balance is incorrect or not owed, please contact Fredrickson with all relevant information again as a matter of urgency. Please not that in order to protect your personal privacy we may need to verify your identity.

Now if you'll excuse me, i am off to bang my head against the wall

Hi Andy, i just called the Court, everything has been discontinued thankfully.

DonkeyB, all ive recieved from them is a very short letter quoted above, should i be getting something else? I would love to chase them up about wasted costs but i really just want shot of them now and never have to deal with them again lol

received a letter from BC today. Hopefully the end of this whole thing

Dear Mr.Goonboy

 

Please be advised the county court claim no. XXXXXXX has been discontinued.

 

Balance £0.00

so relieved right now.

Thank you to you all for helping me throughout, very much appreciated.

Hi guys, got a reply from the court today...

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

So basically i just have to wait and see what happens..

Thank you. So everything before the last paragraph i should keep in?

ok here is a (very) rough first draft of my defence....

I do not acknowledge any debt owed to the Claimant “Phoenix Recoveries LTD S.A.R.L”. In the particulars of claim sent to me through the court, the claimant claims that “the defendant agreed to pay monthly instalments”. I categorically refute the claims that there was ever an agreement in place between myself and the claimant.

 

Since being issued with the claim on July 1st 2011, i have been working tirelessly trying to obtain any kind of relevant information from the Claimant and their solicitors. I have sent a Section 78 request on July 7th which was requesting a true copy of a credit agreement that the Claimant allegedly believes exists.

Along with the Section 78 request, i also sent a CPR part 18.1. Asking for the relevant information to be returned to me within 7 working days. I sent both requests via next day delivery and i have included both requests and the proof of postage for your consideration.

 

I did not receive any information back, only a letter from the Claimants solicitors dated 13th July saying that they have “referred the matter to our client and will revert to you as soon as we are in receipt of instructions”. (this letter has been attached)

 

I realised that they would be looking for a long time for any kind of relevant information so i sent them a CPR 15.5 request, asking for the defence date to be extended from 3rd August 2011 to 31st August 2011. I wrote that i would undertake to notify the court. This letter was dated 19th July 2011, and a copy has been submitted. (letter attached)

A few days later i received a letter from the Claimants solicitors, in reply to the CPR part 18 request, asking for the period of time to be extended by six weeks. This letter was dated 19th July and was the last time i have received anything from the Claimant or their solicitors. (letter attached)

 

As my original defence date was soon approaching, and i had received no information from the Claimant or their solicitors, i decided to send the court a N244 form, requesting that the time to file a defence to be extended and for the courts to enforce the Claimant and solicitors to disclose any information that would be relevant to my defence as soon as possible. And whilst the defence date was extended to 26th August 2011, unfortunately Deputy District Judge Calnan would not enforce the Claimant to disclose the relevant information needed to form my defence. (letter attached)

 

In closing, i would like the court to consider the case to be struck out due to the Claimants unreasonable behaviour. As proved, i have tried many times to gather any relevant information from the Claimant but haven’t received a thing. I even pleaded to the Court to ask for help in getting the Claimant to disclose information, but was denied. I find it impossible to mount a proper defence against the Claimant without any information pertaining to the alleged debt.

anything i should add/chop from there? thanks

Thanks chaps, i'll wait a few days to see if BC send anything relevant my way, and then i'll write up my defence next week

I see, so basically, when i submit my defence, i say Bryan Carter were uncooperative, and didnt give me any info, and also the DJ refused my request for them to disclose information?

Its taken a couple of weeks but i have received a reply from the Court in response to my n244 form.

It is ordered that:

 

1) The time for filing the Defence be extended to 26th August 2011. The Defendents Defence shall set out the Defence with such knowledge as the Defendant currently has.

Bit confused as to what they mean here. Basically i have to make a defence with the information i currently have? i.e nothing

I sent the n244 form off today, next day delivery. my defence is due on the 3rd august. should i wait to hear from the court tomorrow?

i will have to send my defence through the post because the moneyclaim website isnt working for me

Right, sorry about this but i cannot for the life of me figure out what to write for question 3. ive checked the link above but am not too sure about the wording. Also with question 9, they ask who should be served with this application, do i put Bryan Carter or Phoenix recoveries? thanks again and sorry for being a pain.

Ok, so ...

1) i need to fill in and print 2 copies of the N244 document. Send one (special delivery) to the Northampton Court, and the other standard delivery to Bryan Carter

2) Attach a copy of the CPR 15.5 request that was sent to Bryan Carter with the N244 forms along with the proof of delivery from the royal mail website?

3) Include a £45.00 cheque? or cash?

Is this right? have i missed anything?

Also im a little bit confused as to what to put down for Q3, Q10 and also which parts i sign exactly? Q10 or 11?

thanks again, my head is spinning a bit here lol

Hey guys, ive got less than a week to submit my defense and still not heard from Bryan Carter. Should i be sending anything off to the courts by now?