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superstarjan

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  1. Name of the Claimant ? - 1st Credit Finance Limited Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. - 17 Apr 2014 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. - The claimant claims the sum of £1,000 for debt and interest. The defendant from 1995 held an account with Bank of Scotland plc and it was assigned acco number ****** Bank of Scotland plc gr Defendant an overdraft facility. Bank of Scotland plc demanded repayment of the outstanding sum on the account at that time. The account was in default on 2010 and the outstanding balance was £1,000. On 2013 the debt was assigned to 1st credit (Finance) limited in the sum of 980.00 Notices of Assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925 AND THE CLAIMANT CLAIMS 1. The sum of 980.00 2. Statutory interest pursuant to Section 69 if the County Court Act 1984 at a rate of 8% per annum from 2013 to 16.4.14 32.00 and thereafter at a daily rate of 0.21 until judgement or sooner payment. What is the value of the claim?Total amount = £1155.00 Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? - yes Is the claim for a current or credit/loan account or mobile phone account? - current account When did you enter into the original agreement before or after 2007? - before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. - assigned so it's debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? - not sure Did you receive a Default Notice from the original creditor? - not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - not sure Why did you cease payments:- no payments, a penalty charge took him over the overdraft by about £5 and since then, around £700 of charges were added Was there a dispute with the original creditor that remains unresolved? - yes, he didn't think he should have to pay the charges Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? - no My partner has a tendency to 'bury his head in the sand' and hasn't kept any of the paperwork, so he is unsure whether he received the default notice, the default sums or the assignment. I have not put the exact dates in on the poc, only the year!
  2. Hi there! My partner has just received a CCJ through the post from an old Halifax account, (about 4 years old). He was always into his overdraft and was always charged penalty charges, so it was impossible for him to ever clear this overdraft. A few years back Halifax changed their terms and conditions and he was £5 over his overdraft. This resulted in him being charged an excessive amount so he closed the account. However, they refused to close it and continued adding penalty charges, but he disputed paying the penalty charges so since then, it has been passed around many different credit agencies. I have successfully had a stat demand set aside and want to help him to try and defend this, as it now also has lots of interest on it. Please can anybody point me to a similar thread or tell me the best thing to do? Should I get him to send a SAR to halifax and 1st credit??? Many thanks!
  3. Thank you guys, I really couldn't have done it without you Will donate as soon as it clears xx
  4. Hi They are ignoring my letters and I have received no payment for the costs. What is the next step, to involve the court again?
  5. 14 days from the date of the Hearing, or 14 days from when they receive the order through the post?
  6. When should I receive the costs from Lowells? I have had the court order. Soon as I get it (if I do) I will make a donation to this fabulous site, I couldn't have done it without you!
  7. Yes indeed, Citizen, all that worry for nothing, sorry if I was a bit of a pain It was a landslide, the judge was very, very hard on their barrister for issuing the SD without any paperwork, I hardly had to put my points across at all. I asked for costs after it had been set aside and their barrister tried to say that I shouldn't be awarded costs, but again, the judge's mind was already made up. I was very lucky to get this Judge. I can start enjoying the christmas cheer now
  8. can i still quote this:- It is not an appropriate debt to base a statutory demand upon as it requires a form of accounting. Statutory demands are the basis upon which a bankruptcy petition is presented. The bankruptcy petition (and in turn a stat demand) can only be based on what are called liquidated debts i.e. debts which are fixed, as it were which do not require a form of accounting. A credit card debt would need a form of accounting to calculate it and so is an inappropriate debt to base a demand upon.
  9. Thank you! Ps just remind me, if the judge is male, it's sir, but what do I call the judge if she is a female, is it madam?
  10. Thanks guys, I suspect that they will try that, what would be the point of turning up otherwise, a part of me wants to get it done and dusted though, so my heart rate can return to normal
  11. Costs are now in, can anybody answer the above question, regarding the other side turning up with paperwork that I haven't seen? Thanks!
  12. senac, if you like, pm me which court you're at this afternoon, if it happens to be the one I'm going to later with my costs papers, I would be happy to be your court buddy.
  13. I'm just getting my head round everything ready for court tomorrow. Nervous is an understatement! I have had nothing from the other side (expect Notice of Acting), and I've also phoned court and they said that there was nothing on file from them either. If they were to turn up tomorrow, can they refer to any paperwork they bring?
  14. Hi NWV2, have a quick read of this, I hope it helps http://www.consumeractiongroup.co.uk/forum/showthread.php?407917-What-to-do-when-issued-a-statutory-demand
  15. Hoping I can get some quick advice so I don't make a daft mistake again! I'm off to court with to lodge the costs ready for next week's hearing. 1.How many copies do I need? 2.Is this in the correct format:- Costs For set aside Application Case No xxx Court xxx Rate Claimed Litigant in Person rate of £18.00 / hour Travelling Costs HMRC Approved Mileage Rate of 40p / mile 1) Time spent identifying and understanding relevant legislation. Time spent identifying and understanding relevant case law. Time spent preparing affidavit and skeleton argument. 18 hours £324.00 2) Time spent communicating with Respondent and swearing affidavit 2 hours £ 36.00 3) Loss of day’s wages for attending court on 17.12.13 £ 80.00 4) Traveling costs for return journey to court 2 x 20 miles £ 16.00 Total £456.00 Notes Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £170/hour to prepare the Application (£510-£1020) plus extra for attending the court. I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount. In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:- Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch) In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:- 27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner
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