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Everything posted by billyrayvalentine

  1. So bearing that in mind, what is the best strategy going forward? Similar to this: http://www.independent.co.uk/news/business/analysis-and-features/how-could-a-teacher-on-18000pa-lose-280000-spread-betting-10115157.html
  2. On a technical basis the particulars are correct but i cant afford to pay. So I am looking for a way to not pay, or pay a vastly reduced sum.
  3. I had a cash-deposit account with a well-known financial spreadbetting company. The basis of this claim against me is I took out a spreadbet with this company and a force majeur happened, and before I could react they closed my bet at a significant loss, thus crystallizing the debt. I received a draft of particulars (uploaded and redacted) from the solicitor representing the spreadbet company. Any thoughts on this? spreadbetting POC.pdf
  4. Independent Solicitors. Already written a draft of particulars.
  5. Yeah I cant afford to pay the amount they are chasing me for. Do you know how I would word a reply to them?
  6. Yeah I thought it was excessive too. I dont want to do it as they are likely to try and find bits of money here and there to raise the F&F upwards.
  7. Hi, I am negotiating with creditors with regards to CC debt. I offered them a Full n Final, and they said they would only accept if they could see 6 months bank statements and credit card statements of other debts. How should I respond to this? BR
  8. the gist of this case against me is: I opened a spreadbet with them. There was a sudden geo-political event which caused the spreadbet to go into a loss, and they closed the bet off when the markets opened, crystallizing a £3k loss. I opened the account over the net, and didnt sign any documentation in hard copy. At the moment, the account has been referred to a solicitor who have prepared a particulars of claim against me, but not gone to court yet. I dont know how to fight this one in a legal sense. Ideas? Thanks Billyray
  9. Received a letter today from Igindex solicitors claiming I owe them approx £3k as a result of a spreadbet going wrong. You may remember when the swiss national bank removed the interest rate peg in Jan 15, which caused a crash in CHF-related currencies. It was a cash account I had, which went negative as a result of this. In the letter they state they will go to county court on behalf of their client, and included a draft of the particulars (3 page document) to document their argument against me. I've had debts before and successfully defended a county court case against me for
  10. ***Update*** Costs awarded over £700 Before my costs hearing was scheduled, I got a letter for Cohen, and the gist of it was they wanted to settle out of court for my costs. A bit of letter tennis, and I got a cheque for just over £700, which i banked, so no court appearance at all (which is good as i'm overseas at the moment). This wouldn't have been possible without applying to the court, as they kept low-balling me. So all in all a good result, and an end to this admin nightmare. Thanks to everyone who helped me on this thread. Billy
  11. Good luck mao. My advice would be always hit the deadlines, and assume it will go to court. My feeling is they want you to fail on a procedural issue so they can get the court to legitimize unenforceable debt.
  12. I might write to the judge in this case, and see if the "as of right" route would trigger a hearing too. Lip (consent order), i read CPR 40.6
  13. All interesting points. My feelings are I would probably have a greater chance of success against the claimant (maybe a direct judgement), as I have to prove "unreasonable behaviour" against the solicitor, in order to get the wasted costs. In my case the solicitor, never disclosed, and repeatedly missed deadlines. Furthermore, they tried to make me sign a consent order, which wouldn't be ratified by the court as I was a LIP.
  14. At this stage, no hearing has been set yet. However, when I wrote to discuss costs informally, the claimants solicitor stated that the claimaint thought my hours claimed were too high (35hrs) and that I wouldnt succeed as I missed a directional stage (which I didn't). I largely based my wasted costs order based on what i read on this forum. Are you saying, i should have made a standard application, but against the claimant?
  15. I applied for a wasted cost order as per andy's advice in post #137, pursuant to CPR 46.8 against the claimants legal representatives. I previously tried informally to get my costs back from the claimant via them, but was unsuccessful. At this point in time, I don't feel particularly confident, or know much about cost hearings.
  16. I called the court, and they said my file is with the listing department. Apparently, a date will be set for a costs hearing. So I guess the allocation questionnaire, was no mistake from the court. What's my downside on this, can i lose the wasted costs hearing and have to pay their costs of thousands?
  17. The last update I had was I confirmed to the court that i wanted to pursue a wasted costs order against the solicitor, and that it went before a judge and an order/comments were being typed up, but couldn't tell me what they were. I just want a judgement really, yes or no to the costs, as ironically will lead to more time/costs.
  18. I called the court and they have no record of it. So I wrote them a letter for guidance. My experience with the court has been so dreadfully slow: you call them, they don't know anything, or the case file is elsewhere, or system needs updating and they are currently running 2 weeks behind schedule etc. Takes approx 1 month to reply to a letter.
  19. Weird development in this case, i received a Notice of Allocation to Fast Track form and have got to complete a N181 directions questionnaire by mid feb. What could this be about? Billy
  20. ***Update*** I made an application to the court for wasted costs against the claimants solicitor. It went before a district judge, and the judge posted comments: "Will the defendant please confirm that he needs to pursue a wasted costs order against the Solicitor, and he has recovered what costs he can from the Claimant." What do I answer to this? I approached the Claimants solicitor, who approached their client and they offered me next to nothing.
  21. Ok Thanks. I will complain to them, and see what they say. I wonder if they are open to a F&F at a very low rate?
  22. Got a letter before action letter from a spreadbet company, stating I owe them £3k, as my account is in debit. I havent used this account for 11 months. The debt was caused by the Swiss National Bank removing the peg, so a small bet (in wrong direction) wiped out my account and more. A bit like this: http://www.telegraph.co.uk/finance/personalfinance/investing/11562202/How-370-investors-lost-18m-in-minutes.html Is this debt enforceable in a County Court? As its not regulated by a CCA, but it says in their T&C that debit balances need to be made good. What s
  23. Just starting my wasted costs application. A few questions. It seems I have to prove negligence/omission, or unreasonable behaviour of the claimants solicitor. In my case its a lack of compliance with the directions with from the claimant solicitor (eg no witness statement, no CCA provided after request, not providing inspection of disclosable docs etc). How does one provide a rebuttal to the question why didnt I apply for a strike out, when any of these events occurred, as opposed to going for "wasted costs"? Are wasted costs applications generally (un)successful? Dont want to
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