I don't know but tbh ive got enough on my plate without stirring that hornets nest!!

yes thanks, i think this is good advice and having just drafted my letter with the main points on i think it cant hurt to take it to a solicitor for a free consultation. At the very least I will know if it has merit or not. EDIT: Am i right in thinking that to complain about a solicitor you go to the legal ombudsman?

Im currently drafting the letter and will post it here for advice if thats ok as i don't want to make a silly mistake as i often do, unless I take 42mans advice and go see a solicitor but i think i will try this approach first (I can feel 42man turning in his grave already!!!) My only concern is what may be written on the judgment letter as its possible the judge could have orderd this ala CPR section 42.3 but still not recieved anything from court and the notice is dated the day before the hearing so not sure if thats likely!

Im giving thought to writing to Lowells pointing out there failures and requesting they withdraw the demand as like a lot of folk these days I have no equity in my house and 2 charges are already there for way more than a poultry 2k that they want. Any bankruptcy would be fruitless for them and infact would cost them in the long run. To be honest in the grand scheme of things they may well be doing me a favour by making me bankrupt, the only issue is just a matter of finding a place to rent with a diabolical credit rating and the stigma of it ofcourse!

Ok thanks 42man but if I could afford a solicitor I would get one in a flash! I know there are some out there that give free consultations so maybe an option....... Also just noticed the postage date on the envelope is for the 7th which was the day of the trial so theres no way they can claim i was served in time.

The plot thickens!!! Today on the 9/8/12 just received a notice of acting from a firm called BW legal informing me they are taking over from Hamptons as of 6/8/12 which was the day before the hearing! And silly me Ive just twigged it was this firm who attended the hearing as there details are on the consent order offered up before the hearing. Does it mater that I didn't receive this before the hearing as Lowells have not complied with CPR 42.2 section 5??????????? Change of solicitor – duty to give notice 42.2 (1) This rule applies where – (a) a party for whom a solicitor is acting wants to change his solicitor; (b) a party, after having conducted the claim in person, appoints a solicitor to act on his behalf (except where the solicitor is appointed only to act as an advocate for a hearing); or © a party, after having conducted the claim by a solicitor, intends to act in person. (2) Where this rule applies, the party or his solicitor (where one is acting) must – (a) file notice of the change; and (b) serve notice of the change on every other party and, where paragraph (1)(a) or © applies, on the former solicitor. (3) The notice must state the party’s new address for service. (4) The notice filed at court must state that notice has been served as required by paragraph (2)(b). (5) Subject to paragraph (6), where a party has changed his solicitor or intends to act in person, the former solicitor will be considered to be the party’s solicitor unless and until – (a) notice is filed and served in accordance with paragraph (2); or (b) the court makes an order under rule 42.3 and the order is served as required by paragraph (3) of that rule. (6) Where the certificate of a LSC funded client or an assisted person is revoked or discharged – (a) the solicitor who acted for that person will cease to be the solicitor acting in the case as soon as his retainer is determined – (i) under regulation 4 of the Community Legal Service (Costs) Regulations 20001; or (ii) under regulation 83 of the Civil Legal Aid (General) Regulations 19892; and (b) if that person wishes to continue – (i) where he appoints a solicitor to act on his behalf, paragraph (2) will apply as if he had previously conducted the claim in person; and (ii) where he wants to act in person, he must give an address for service. (Rules 6.23 and 6.24 contain provisions about a party’s address for service.) (‘LSC funded client’ and ‘assisted person’ are defined in rule 43.2) (7) ‘Certificate’ in paragraph (6) means – (a) in the case of a LSC funded client, a certificate issued under the Funding Code (approved under section 9 of the Access to Justice Act 19993), or (b) in the case of an assisted person, a certificate within the meaning of the Civil Legal Aid (General) Regulations 1989.

I would love to appeal! I wonder if judge Boggis is free?

Hi Ford, the judge didnt order a petition i did infact query this at the end as thats what I expected to happen but the judge just said "I can do what I want" and that was that. The judge advised me to start talking to hamptons to get this sorted as bankruptcy is a long process. The fact there was no CCA or NOA didnt seem to bother him but ive posted about that earlier, he just accepted what there solicitor said despite my objection. In my witness statement I requested permission to apply out of time due to the questionable nature of service and the delay was partly caused by that service and the claimant stating the wrong court to apply to. This was then put infront of a district judge to be progressed or rejected and I was pleased to get a hearing which is why I was thrown when it was dismissed for being out of time. Im assuming I will get the reason for dismisal in writing so I look forward to that before I decide my next move. Infact im wondering if it wouldn't be to risky to attempt to challenge the lack of paperwork at petition stage, would that be wise given the consequences of failure??

Good info below and definitely stick to the timescales if you decide to apply http://www.bis.gov.uk/insolvency/Publications

Exactly what i thought, the solicitor had been in there all morning apparently with other Hamptons cases and I really think she got her head togethor with the judge to do me over. Ok i acknowledge my out of time application but why on earth was i granted a hearing to be told i couldnt have it set aside because I was out of time. A total waste of everybodys time that was and I didnt get much oppurtunity to put my case, it was all him and her really..... I was well out of my depth... It has crossed my mind that she solicitor was made aware of this thread and maybe took it to the judge who didnt like it ether?

Yeah!!! Imagine that the CAG time portal, i think that would be a well used tool! So anyway now im thinking post SD and what to do, to be honest the stress in all this has go to me and I want it over as soon as possible! Im very definatley looking forward to the letter and seeing what reason the judge gives for dismissing, thinking if its just because I was out of time then I will have a last bite of the cherry at petition stage assuming no NOA turns up meanwhile although given the consequences of being made bankrupt its not to be engaged in lightly. ummmmmmmm Anyway, this thread a warning to you all to get your Applications to set aside in time!!!!!

Just had a proper read of the paper the solicitor gave me prior to the hearing and it seems Hamptons wanted to adjourne to give me 2 weeks to provide them with a statement fully itemising the factual grounds of the dispute of the value of the debts. They then wanted a further two weeks to respond. Ummmm, maybe i should have taken that given the steam rolling i got.....

A sit down and a cup of tea coupled with just reading your question has sparked my memory and I recall what he said in full that the reqiurment to have an original copy of the cca was being slackend or loosend, maybe he was refering to the digital signature thing because one of these debts was of on line catalogue origin but i really don't know thats just a thought that just occurred. And he didn't address that to the court but to the solicitor who nodded to confirm quiet happily i recall. I look forward to receiving he letter from the court anyway.

Possibly not his exact words but yes he said the lack of a CCA didnt matter as the lack of a CCA was being loosend up, as he was saying that he saying it to the solicitor and they were both nodding. I can tell you I was shocked.

I didn't touch on it because they are not SB but perhaps another nail in my coffiin yes.

I got an ******* judge big style yes. I was out of my depth from the off so it seems, very very interesting experience. A summary: Just as I was leaving the house this morning the postman arrived with a letter form Hamptons saying please find enclosed a copy of letter of asginments as requested. Inside were indeed two invalid NOA's as they were from Lowells on Lowells headed paper and signed by Lowells, somebody called Andrew Bartle chief operations officer. So basicly I was in a good mood driving to the court, I clearly had the advantage so I thought and couldnt wait for Hamptons to hang themselves with these.. Prior to the hearing there solicitor walked by and called me by name, I looked and she said exact words "come on then lets get this sorted" walking to a side room and gesturing me to follow and so I did. Once inside she offerd me a seat so i sat and then she said I am going to ask for this to be set aside and I went all light headed at that point. Firmly I told her I was prepared to listen and nothing more. She then produced a piece of paper titled consent order and gave me a summary of the contents verbally, then she asked me what I thought so I reminded her that I was not there to discuss anything even though i had this set aside thing whirling around. With that she gave me the paper and said lets go tell the judge we are ready. She spun my head properly, very cunning indeed. At first the judge started flicking through his book and was giving the solicitor some grief about the rules of service asking her what they were. As this was going on I thought very nice, here we go. Then she tells him they sent me 21 letters in total and three from a process server prior to the SD and I never recieved them I swear. I contested this to deaf ears by the looks of it. She also claimed the server had conversed with a neighbour, which is odd as I dont have any living in a detached flat in the centre of town. I said this was all news to me and the only letter I had recieved was the SD posted through by hand, no responce from judge but i dont htink he believed me. The lack of CCA was a no go, the judge said the rules are being loosend up on that and as far as the lack of NOA the judge said he was happy the debt was genuine as he believed the solicitor lies about them sending it out way back. I pleaded my case stating the POC relied on it and I was not in possesion of a NOA let alone a valid one. The judge asked why I had not applied in time and this threw me as I though we had passed that hurdle, I said what was on my statement and whilst he danced around repeating himself about it bieng out of time so I got the impression he was giving me time to jump in but I had nothing so he started talking about dismissing my application. As a last resort I batted the OFT guidlines about SD being used as debt collection tool and trying to ruin somebody for such a frivolous amount was crazy, the judge said two thousand pounds is not a frivolous amount and something along the lines of how else are they supposed to collect debts. I was beaten, very angry and well ****ed off by then. At the end I asked if the judge would now be demanding Hamptons submit there petition as I understood this was the proper procedure now but he said im the judge and i decide. I walked out and told there solicitor I was dealt a bad hand and I was disgusted as i told her she didnt have a valid NOA or any other proof the debt is valid.. I probably missed one or two things but it was certainly a learning curve and a mistake I wont be making again. So I find myself facing a petition if they do submit one even though they do not have an original CCA for the one debt it applies to and the lack of NOA's as well, i feel like justice died in that court room today.

Just back from court and im livid, livid at myself first and foremost but equally livid if possible because of the lies that fell out of the solicitors mouth and the judge accepting them! In short my Application to set aside demand was dismissed due to being out of time despite being given the green light prior to the hearing. What an utter waste of time and fuel that was, why didnt they just refuse the hearing when it was presented to the judge earleir on application and save us all the bother. Thats not all, more later when I calm down.

Ok guys understood I will be sure to make notes if they arrive and start lying so i can counter them with reason and thanks, im still kackin' it though Today i made 3 copies of all letters i have sent and recieved and put them togethor in three handy little packs with an index on the front, should it be needed Infact if they do show I am looking forward to asking them to explain what they are on about in there letters (one for each claim) regarding a CCJ.. from post 112. EDIT: re reading that made me laugh as they are saying that they will proceed to try and ruin me for pennies even though they have no evidence to date.

Thankyou guys, your words have eased my anxiety slightly but i wont be settled until I have my expenses cheque in hand lol. And don't doubt for a second that I will be laying it on thick to the judge regarding Hamptons conduct as I truly am disgusted that they think they can bully and cheat ignoring there own rules of conduct attempting to ruin a person for debts they clearly cannot prove exist at this stage. Shocking....... I wonder if they even turn up or send someone, if they don't do you think the judge would agree to set it aside despite still having 10 or so days left for the SAR complaince?

Ok, nothing in the post today hurrah!!!! Ive just rang the court and confirmed its ok to email in the costs ready for tomorrow and Hamptons haven't filed anything so no surprises hopefully. Im getting a bit anxious though as the big day looms tomorrow and dont have anything formal to wear and worried Hamptons will turn up and ask for an adjournment to get the nos and cca Im gunna make sure the judge does an or else if that happens! The anxiety is killing me! Ahhh role on tomorow!!!

Thats a good idea I shall ring first thing to check. I might enquire as to if hamptons have been in touch aswell....

Ok cheers 42man thats good to know!! Just another daft question if you dont mind, i have my expenses worked out and think im going to email them to the court having just found they have an email address for receiving edocs, do you think that would be ok? There is a fax number but who has a fax these days lol.

Hi caggers!!! Ive had a quiet week or two and thankfully received no more from Hamptons Lowells or the original creditors. So still having no paperwork from the claimant or the SAR's! So ive spent the afternoon reviewing my case notes on this as the big day is looming next week! Getting a little nervous if honest and hoping the postman stays away next Monday and Tuesday!! Just thinking about my expenses I have drafted up but not sure how or if to claim for fuel costs as I will have coverd 190 miles! Is there a rate per mile or am I in lala land lol.

Thanks silly for a very interesting and informative post. Havent looked into the fee refund yet but will keep that on the back burner when I get my other business done!

Im sorry to hear about your situation, i hope you dont worry to much about it. I understand that Paratus AMC also ignore the pre action protocal aswell, which is why im trying to find other people like yourself who have dealt with them and see what they are like.