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  1. The process of Litigation on Receipt or Issuing of a Summons In addition to this explanation - please also see the Small Claims FAQ The purpose of this sticky is to explain in general terms how the Court system works, what will happen once a claim is issued, and what duties the Court imposes upon both you as Claimant or Defendant and upon your solicitors. It is a very complex area, and if you have any questions at any time please feel free to post for further advice. This is part one of further postings were we will break down each section into detail on how to conduct and respond in more depth to different stages of the litigation process. The different kinds of Court and the rules that apply There are two separate but related types of Civil Court-the High Court and the County Court. There is now little difference between the two, although some types of claim are specifically allocated to a particular Court-for example mortgage repossessions are always dealt with in the County Court. More complex or high-value claims and some special types of claim are dealt with in the High Court. The rules of the civil Court system are contained in the Civil Procedure Rules ("CPR"), which are available on line at the Court Service Website at www.hmcourtsservice.gov.uk. These rules regulate the Court's procedure; they do not contain the law that must be applied to each particular case. The CPR also deals with issues such as costs, and the way in which appeals are dealt with. The intention of the CPR is to ensure that cases are dealt with fairly, expeditiously, and as cost-effectively as possible. This is called the "overriding objective". It is the duty of the parties to assist the Court in meeting this objective. Parties that do not assist the Court in doing so-by delaying, for instance-may be punished by costs being awarded against them, or their claims or defences being struck out. It is very important therefore to keep to the rules and to any timetable laid down by the Court. How claims are started - the Pre-Action Protocol In some types of case the CPR requires the Claimant (as the party bringing the claim is known) to follow a procedure before a claim is issued from the Court. This is known as a "pre-action protocol". Essentially this requires the Claimant to write to the proposed Defendant setting out the claim in detail, and allows a period of time for the proposed Defendant to respond. In highly complex claims such as building disputes the pre-action protocol provides for a meeting to take place after the exchange of these letters to try to identify the issues that the parties agree and disagree upon. Sometimes experts are also involved at this stage. A party that refuses to comply with a protocol and insists on issuing proceedings may not get their costs back, even if they are successful at trial. A new pre-action protocol for debt claims came into force on 1 October 2017. This basically requires that the two parties attempt to resolve the matter by an exchange of correspondence. This exchange could go on for as long as 90 days – depending on whether each party responds to the other. Here is a link to the Ministry of Justice PDF https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf . At the end of the exchange of correspondence, if it appears that there is no basis for an agreement then the claimant is allowed to issue a letter of claim giving a final 14 days before the issue of the proceedings. Issuing proceedings A claim begins by the Claimant sending a claim form to the Court, this may be your local Court or from the CCBC (Northampton) (identifying the parties, their addresses, the type of the claim and the Court fee), and also the particulars of claim. The particulars of claim is a document which sets out precisely what the claim is about, and what the Claimant is asking the Court to do-usually to give judgment for a sum of money, but may be possession of a property for instance. The Court will need a copy for itself and one for each Defendant, and one for the Court to seal and return to the Claimant. The CPR also specifies the various forms that are required. The Court will also require a Court fee when a claim is issued, and the amount depends on the amount of the claim. Information about the fees payable is available on the Court Service Website at www.hmcourts-service.gov.uk as well as many of the forms that the CPR requires. COURT FEES can be paid in cash or by cheque made payable to "HMCS" (Her Majesty's Court Service).http://www.justice.gov.uk/courts/fees Once issued, either the Court or the Claimant serves the claim form and the particulars of claim on the defendant, together with a "response pack", either by post or by personal service. The response pack contains a number of standard forms, which gives the Defendant a choice as to how he or she deals with the claim; they can admit it all, admit part of the claim and defend the rest, or defend the whole of it. Forms N1 the Summons N9A and N9B Response and Defence/Counter Claim. It is important to note that in cases were full admittance is admitted (N9A) the Court requests you send this to the Solicitor for all documents as per the claim form address. It is advocated that you only copy the Solicitor and send the admittance back to the Court. Once a claim is served on the Defendant time begins to run. Either a defence or an acknowledgement of service must be filed with the Court within 14 days of receiving the claim form. If an acknowledgement of service is filed, the Defendant then has 28 days from service of the claim to file a defence. If no acknowledgement of service or defence is filed within the time permitted an application for judgment in default can be made by the claimant. If judgment is obtained this way the Defendant can apply to the Court to set it aside, but in most cases it is necessary for the Defendant to explain why no defence was filed in time, but also show that there is an arguable defence to the claim. There may also be the Claimant’s legal costs to pay even if the judgment is set aside. However if the Defendant pays the amount claimed together with the costs (i.e. the issue fee and any legal costs claimed, which are fixed at this point) within 14 days of receiving the claim the case proceeds no further. Allocation When the Court receives a defence it will send a copy to the Claimant, the claimant will have 28 days to respond and you will be informed of this on notice form the court. If the Claimant fails to respond within 28 days the claim is stayed if they do respond the court will transfer the claim to your local County Court ( CCBC Claims) and it will also send to both parties an "directions questionnaire". Formally N149 & N150. This document requests information from the parties that will help the Court determine how the claim should be managed. The District Judge considers the issues raised by the claim form, the defence, and what is said in the allocation questionnaires, and then either makes a directions order or sets a hearing date for the parties, when the order will be made. The hearing is often now dealt with over the telephone rather than at the Court itself, unless one or both of the parties are representing themselves. In cases of Fast Track and Multi Track the Claimant/Defendant will submit their own proposed Directions The CPR divides claims into 3 "tracks", depending on a number of factors that are considered by the District Judge when the Court receives a defence from the Defendant. Principally the Court considers the value of the claim; if it is less than** £10,000, the Court will normally allocate the claim to the small claims track; if between £10,000 and £50,000 the fast track, and over £50,000 the multi-track. However the Court also considers the complexity of the case-for instance whether experts are going to be needed. It is possible that a claim under £10,000 is put into the fast track for instance. The Claimant must pay an allocation fee to the Court at this stage, unless the Court assigns the claim to the small claims track and the dispute is for less than £1,000. ** subject to review 2012 The directions questionnaire also asks the parties to tell the Court about any dates that they and any witnesses or experts cannot attend. A trial date may be set very early on in the case, and may be difficult or impossible to move. The Court will also decide which Court should deal with the proceedings; if a claim is brought against an individual it will normally transfer the proceedings to their nearest County Court. If the Defendant is a company then the Court will decide where the most convenient place for the trial will be-depending on the location of witnesses for instance. Amendment Two Directions Questionnaires are introduced N180 & N181 one for cases that are provisionally allocated to the small claims track and one for cases which may be allocated to the Fast or Multi-Track. Following the receipt of a defence the court will make a provisional decision as to which track is appropriate based on the value of the claim. The court will then send a notice to all parties requiring completion of the Directions Questionnaire; the notice may also contain other directions. Only where a party is a litigant in person will the court send out the appropriate Direction Questionnaire. Where a case is likely to be allocated to the Fast or Multi-Track parties will be required to file proposed or agreed directions. The time by which the completed Direction Questionnaire and accompanying documents must be filed is increased and parties will have at least 28 days from the deemed date of service of the notice in which to file the documents. All parties will be required to serve a copy of the completed Directions Questionnaire and any other documents required by the notice on all other parties. The agreed or proposed directions for Fast Track cases should follow those set out in Part 28, for Multi-Track cases standard and model directions can be found online. Consequential amendments are made to PD5A, PD5C, PD15, PD28 and PD29. These amendments apply where a defence is filed on or after 1 April 2013. The directions order The District Judge may make a directions order either without a hearing, or after he has heard from both parties at a hearing at the Court or by telephone. The order is then sent to both parties (and their solicitors if they are represented). The Court will first allocate the claim to what is known as a “track”, which determines how the case will be dealt with by the Court. These tracks are as follows:- The small claims track Claims in this track are dealt with quickly and as cheaply as possible, and without the parties having legal representation. The Court does not award legal costs to the winner, apart from the issue fee and expert fees (unless the Defendant has behaved unreasonably). If the Court decides that the claim is suitable for this track it will send the parties a short list of directions, including a hearing date. It will also require the parties to exchange a bundle of relevant documents, and also to exchange witness statements. It is best to number each page of these bundles, so that they can be referred to easily at the hearing. The hearing itself will take place in the District Judge's chambers, and normally the District Judge will give judgment (in legal proceedings it is spelled with one "e") at the end of the hearing. The fast track Cases in this track are allocated a "trial window" of a week or so when the case will be tried and normally the parties have to use a single jointly-appointed expert who reports to the Court. The trial window is normally 6 months or so away from the directions hearing, and as the trial can only last 1 day cases which will require more time but are still less than £50,000 in value will be allocated to the multi-track. In fast track cases the Court will send out a listing questionnaire shortly before the trial window, which requests information about any further directions that the parties need to get the case ready for trial. The Claimant has to pay a further fee at this stage. Once the Court receives the listing questionnaires, it will set a date for the trial within the trial window, and also inform the parties where it will take place; this may not be the Court dealing with the case, as it depends on where a Judge and Courtroom are available. In fast track matters the parties may only get a few days notice of the trial, so it is very important to keep the Court informed of dates that are inconvenient for the parties or their witnesses. The multi-track Multi-track trials are now relatively unusual. They are restricted to complex high-value cases such as building disputes and severe personal injury claims. The directions that the Court will give are similar to the fast-track directions, but tend to be much more extensive to ensure that the case is presented at the eventual trial as efficiently as possible. The Court will usually permit the parties to use their own experts, and for them to give oral evidence at the trial. Unlike fast-track trials, no trial window is set at the beginning of the case. Instead, the Court will set a date for a listing questionnaire to be sent out to the parties, which requests information about the progress of the case Trials themselves may last many days, and judgment is usually reserved. The Court order will also set a timetable that both parties must adhere to. This will give the dates on which witness statements, disclosure, and expert reports (if appropriate) must be dealt with, and the trial window or length of trial (depending on whether it is a fast track or multi-track case). It may also give directions for specific issues such as specific disclosure. The directions order will set a timetable requiring the parties to deal with the following to prepare for the trial (directions are also given in small claims but the directions are much simpler): Disclosure of documents (usually 14 days after the directions order). The parties exchange lists of these documents, and each party is obliged to disclose all documents which are relevant, whether or not they favour the party disclosing them. Failure to do so may result in heavy costs penalties, or even the case being struck out. The obligation is continuing, so if documents later come to light they must be disclosed immediately. Exchange of documents (normally 14 days from disclosure). Each party is entitled to copies of documents from the other side's disclosure list, on payment of reasonable copying charges. Witness statements from all relevant parties (normally 14 days from service of the disclosure lists). These must be in a particular form and must also contain a "statement of truth". Expert reports (normally 56 days from service of witness statements, to allow the parties’ time to agree the expert, to instruct him, and for the report to be prepared). The Court will only allow expert reports to be used if it thinks it necessary, and will not usually allow their evidence to be given orally at the trial. Instead the Court will require the parties to use a single expert jointly appointed by both, and each side will be bound by the expert's opinion. The expert's fees are met jointly at the time the bill is sent-the party that wins the claim can recover its share when costs are dealt with. Disclosure You will prepare a list of documents in a standard form from the documents you wish to rely or have referred to. The list (N265) will identify all of these documents, and also indicate any documents over which you claim a right to withhold inspection ("privileged documents"), and documents that are no longer your control (and what has happened to them). The list will include a disclosure statement, signed by you. A disclosure statement is a statement setting out the extent of the search that has been made to locate documents, certifying that you understand the duty to disclose documents and that you have carried out that duty. This list is then sent to the other party in exchange for their list, and each party then has a right to have copies of any document in the other’s list. What documents are to be disclosed Standard disclosure requires you to disclose all documents in your possession (or have once been in your possession) the list must give details of both the documents on which you rely and also any documents that adversely affect your own case or support the other party’s case. The Court may also make an order for specific disclosure in some cases, in other words for documents of a particular sort or category This means that if they are aware of documents that should be disclosed you owe as a duty to the Court to do so. What is a "document" "Document" means anything in which information of any description is recorded. This therefore includes photographs, video recordings, and computer information on hard drive or removable media such as floppy disks. It also includes emails. The duty of disclosure Your duty to disclose documents is limited to documents that are or have been in your control. This means having physical possession of it, or a right to possession of it, or a right to inspect or take copies of it. A copy of a document that contains a modification, obliteration or other marking or feature on which you intend to rely or which adversely affects your case or another party’s case is treated as a separate document. Your duty of disclosure continues until the proceedings are concluded. If documents come to your notice at any time during the proceedings, you must immediately notify the other party of it. It you fail to comply with your duty, any order or judgment that is made in the claim could be appealed or set aside. There may also be very serious costs consequences if you fail to comply with these obligations. Privileged documents You are not obliged to disclose documents that are generated by or in reasonable expectation of the claim itself (known as litigation privilege). There is also a category called legal privilege, which applies to all documents generated as a consequence of you seeking legal advice. This means that letters between you and your solicitors do not need to be disclosed, provided they relate to the claim that is being brought. It also applies to advices from Counsel and in some cases to experts; however it is very important to ensure that documents that are privileged are not carelessly distributed for instance by email-this can lead to privilege being lost, and your opponent can then seek an order forcing you to disclose them. If, however, the documents are relevant to the dispute and were giving legal advice but were not generated by it, then they must be disclosed. For instance, if you bring a claim about your purchase of some land, then the other party’s solicitor’s file relating to the purchase is disclosable, but letters relating to the claim that is then brought by you are not. Duty of search ( Claimant) You are required to make a "reasonable" search for documents. What is meant by "reasonable" depends on a number of factors, including the number of documents that would be involved, the nature and complexity of the proceedings, and the significance of any document that is likely to be located during the search. Where you have not searched for a category or class of document on the grounds that to do so would be unreasonable the disclosure statement must state this and identify the category or class of document. Witness statements Each party is required to give its evidence in the form of written witness statements, which contain all of the evidence that they will give at trial. These statements form part of the evidence in front of the Court, and will be read by the Judge. It is therefore extremely important that the statements contain all of the evidence that a party is going to rely on, as the Court will not allow further evidence to be given that is not in the witness statements. In most cases Witness Statements must be submitted and served 7 days prior to any hearing and served on the other party. Applications to the Court It may be necessary to ask the Court for specific orders from time to time-for instance, if the opponent has failed to comply with a direction. The request is made by application, which summarises the reason for the request and the order sought; the cost varies dependant on with a hearing or not normally. It is possible to ask the Court to strike out a defence on the ground that it cannot succeed at trial-known as an application for summary judgment CPR 24. If successful this type of application can result in a judgment against the Defendant in a very short time after the defence has been filed, although often the Court does not have time to list the application for several weeks. In some cases the District Judge may decide that a defence cannot succeed when he allocates the case-and will strike out the claim at that stage. It is vital that constant checks are made to see if the other party have made application as sometimes the Court may be behind in serving you a copy. Experts Experts have a duty to the Court to report truthfully the entirety of their opinion, and this duty overrides their duty to the party instructing them. The expert's report must contain a declaration to that effect, in order to comply with the requirements of the CPR. Experts may be expensive, particularly if they are to give live evidence at the trial; it is for this reason that fast-track restricts expert evidence to a single expert and written evidence. Barristers/ Counsel Barristers (or "Counsel" as they are often called) are used in a number of ways, depending on the type of case. In fast track cases their involvement may only come in to deal with the trial however Claimants have been known to call them for applications in certain cases. Barristers specialise in certain areas, and for more complex cases their involvement may come at the outset of a case for advice either in writing or in a meeting called a conference. They may also be used to draft legal documents such as the particulars of claim and defences if they are particularly complex. The trial The trial itself may be heard in the Court in which the claim began, or at some other Court depending on the availability of the Judge. The Claimant’s representative will open the case by explaining in fairly brief terms what the case is about, and will then call their witnesses to present their evidence. Once the Claimant’s evidence is concluded it is then the Defendant's turn to bring its evidence by calling their witnesses. When a person is called to give evidence they are firstly given the oath, and they are then requested by their own representative to confirm that it is their statement, and that it is true, and they are also entitled to ask certain clarificatory questions. Their opponent is then entitled to ask questions about that statement in cross-examination. Once complete, the party’s own representative is allowed to ask questions arising from cross-examination (in re-examination). Once the evidence has been heard, the parties then make closing submissions to the Judge; this may be given in speech form, but in complex cases this can be done in writing. In fast track cases the Judge will normally give their decision at the end of the case and then deal with costs; in complex cases judgment may be given in writing and delivered by post, and costs and so on will be dealt with at a later date at another hearing. Offers to settle-part 36 offers The CPR encourages the parties to settle the claim by negotiation before and during the proceedings. Both the Claimant and the Defendant may make offers to settle (these are not disclosed to the Judge hearing the trial). This is known as a "part 36 offer". These offers are made by formal letter and are automatically withdrawn after a certain period (which cannot be less than 21 days after they are made). After that date they can only be accepted if the parties agree or the Court orders it. However there is a sting in the tail for a Defendant; in order for an offer from a Defendant to be effective, the Defendant must also offer to pay the Claimant’s “reasonable costs” up to the date the offer is accepted. It is therefore essential that any offer to settle is made as early as possible for two reasons. If the offer is accepted, the Claimant’s costs that the Defendant must then pay will be minimised; if rejected and the Claimant fails to beat it, the amount of costs that the Defendant will be able to recover from the Claimant will be maximised. Both Claimants and Defendants can make offers, and they have different consequences when the case comes to Court. For a Claimant, if the Court awards the Claimant more in damages than his or her offer, then the Court may in addition award the Claimant indemnity costs, interest on those costs, and also interest on the damages. If the Claimant doesn’t beat their own offer then they will just get the amount ordered and interest plus their reasonable costs. In contrast, if the Claimant fails to beat a Defendant's offer then they will get the amount ordered plus their costs up to the date they could have accepted the Defendant's offer, but they will have to pay the Defendant's costs after that date plus interest on those costs and their own, and they will include the costs of the trial. To take an example, suppose a claim is worth £10,000. The Defendant could offer to settle the claim for that amount together with the Claimant’s reasonable costs even before proceedings are issued but the Claimant rejects it. If the amount finally awarded at the trial is £10,000, the Defendant will have to pay the Claimant the £10,000 but the Defendant can then ask the Court to order the Claimant to pay all of the Defendant’s costs from the last date on which the Claimant could have accepted the Defendant's part 36 offer. The Claimant will only get his or her reasonable costs up to that date. If the parties have each spent £10,000 in legal costs getting the case to trial, then in the example the Claimant will get£10,000, but will have to pay £20,000 in costs. The Defendant will only have to pay £10,000 plus the Claimant’s costs up to the part 36 offer which are likely to be minimal. For a Claimant the effect is even more dramatic; suppose the Claimant makes an offer to settle of £10,000 before the proceedings start and the case takes 3 years to get to trial, at which point costs are £10,000 on each side. If the award is £10,000 the Court can be asked to order the Defendant to pay interest on the £10,000 at up to 10% above base rate from the date of the Claimant’s part 36 offer. If the base rate is 5%, then the total interest could be as much as £4,500. In addition the Claimant will be able to claim costs on an indemnity basis plus interest on those costs at a rate not exceeding 10% above base rate. The Defendant would have to pay £14,500 plus £20,000 costs plus interest on the Defendant's costs. As a result of these potentially draconian consequences, a part 36 offer early in the proceedings or even before them can be very effective. Alternatives to litigation The Civil Procedure Rules positively encourages (but does not require) parties to resolve their differences without the Court process. In particular a process known as Alternative Dispute Resolution may be appropriate. There is recent case law in which a party-though successful-did not get its costs because the Court concluded that it had unreasonably refused to attempt ADR. ADR may be a very informal meeting between the parties, a rather more formal discussion between them assisted by a professional mediator, or even what amounts to a mini-trial at which a professionally qualified expert makes judgments on the issues between the parties who are represented by Counsel and by solicitors. Specialist Courts Some types of case are assigned to specialist Courts, which have particular jurisdictions. Examples of these include the Chancery and Mercantile Courts, the Company Court, the commercial Court and the Technology and Construction Court. Many of these specialist Courts are in London, but the commercial and chancery Courts also have hearings in Birmingham and Manchester. Judges Day-to-day procedural issues are dealt with by District Judges in their private rooms at Court, known as Chambers. These hearings take place in private, and are normally attended by solicitors rather than barristers. They may even be dealt with on the telephone. District Judges have wide case management powers under the CPR, with the intention of meeting the overriding objective. Circuit Judges or Recorders usually conduct trials, although some District Judges also have the authority to hear fast track trials. Appealing a decision It is possible to appeal from judicial decisions, but to do so is usually expensive. It is necessary to show that a Judge's or District Judge's judgment was either wrong about the law that applied, or that the Judge made a mistake about the facts of the case which is relevant to the decision that was made. It is much more difficult to appeal on the ground of a factual error, as the appeal Court will normally regard the Judge that heard the evidence as being best placed to decide. It is not possible to appeal a case from the small claims track unless there is evidence that the Judge or District Judge was wrong about the law. Time limits apply when appealing, and these tend to be short (usually 14 days). Depending on what kind of decision is appealed the Court that hears the appeal may be a Judge of the County Court, the High Court, or the Court of Appeal. Enforcement The Court does not enforce judgments itself; the winner or judgment creditor must do so. There is a large number of procedures available depending on what is likely to be most cost-effective, as all involve further legal costs to a greater or lesser extent. The debtor can also ask the Court for time to pay a judgment, although a company cannot do so. Common methods of enforcement are; bailiffs. Under £5,000 the County Court bailiffs are used. Over £5,000 the case will be transferred to the High Court, and the High Court sheriff used. bailiffs have the power to seize goods under a judgment, and sell them if a judgment is not paid. Attachment of earnings orders. If the debtor is working, the Court can order that a certain amount of the debtor's wages is paid to the creditor each month. Charging orders. Restrictions. If the judgment debtor owns property, the Court can be asked to grant a charging order (which is rather like a mortgage) which can then be registered at the Land Registry. If the debtor wishes to sell the property the judgment debt must be paid first, so securing the debt. It is also possible to request the Court to sell the charged property. Freezing orders or Third Party Debt Order. Not strictly a method of enforcement, but if the debtor is trying to move money out of an account-for instance following the sale of a property-the Court can order that the debtor's bank accounts be frozen up to the amount of the claim. A freezing order can also be applied to someone else's account containing the debtor's money, such as a solicitor's client account following the sale of a property. The remedy is expensive but is effective. Statutory demands. This is the precursor to a bankruptcy petition (if the debtor is an individual) or a winding-up order (if a company). It is served giving the debtor 21 days to pay. The advantage of these two procedures is that the service of the statutory demand is quick and cheap, and is often effective if the debtor has the money to pay it. However, if the demand does not produce payment it will be necessary to consider a bankruptcy or winding up petition. Bankruptcy/winding up. If a statutory demand is not satisfied then the next step is to present a petition for bankruptcy or winding up, as appropriate. The Court fee and deposit is quite expensive, but the hearing of the petition is usually relatively quick (about 8 weeks). If an order is made, then statute prescribes a list of the creditors who are paid out first; a judgment debt would rank last, with any other unsecured creditors. Costs If a claim is successful, the Court will usually order the losing party to pay the winner their "costs". What is meant by "costs" is a complex area, and has important implications for anyone contemplating or involved in litigation. The introduction of the Civil Procedure Rules has also radically changed how costs are ordered and assessed. Under the terms of the retainer between the solicitor and the client, the responsibility for paying the solicitor’s costs and disbursements such as barristers’ and experts’ fees rests with the client, whether or not the claim is successful. If an order for costs is made, unless the parties agree how much the costs will be, the Court will decide how much the loser should pay. Litigation can be extremely expensive, especially if the case is complex and involves barristers and experts. It is for this reason that, if you have legal expenses insurance, it is very important to ensure that you notify your insurer of any dispute you become involved with as soon as possible-most policies are very restricted on when claims will be considered. Normally the "winner" of a case is awarded the legal costs, but this does not necessarily follow. The Court has very wide powers to deal with the costs of a case in any way it feels is appropriate and this can often mean that the party that has behaved most reasonably has the best chance of getting their costs paid. Costs may also be ordered during the progress of the case if any applications have been made. The usual order is for the loser to pay the winners reasonable costs, to be assessed by the Court if no agreement can be reached. Costs orders The Court has the power to make any award of costs it thinks appropriate, and at any time a Court order is made. Consequently the Court may make costs orders during the proceedings, not just at the final hearing. Usually no order for costs is made in small claims apart from the issue fee and the fee of any expert instructed, unless one of the parties has behaved unreasonably. The rules also provide for "fixed costs" in some cases; for the issue of proceedings for instance, and also for some types of claim such as possession proceedings. The normal rule is that "costs follow the event"; in other words, the loser pays the winner’s costs. However, the Court is required to take the conduct of the parties into account as well as who is successful, and make an order that does justice to the parties in the circumstances. The Civil Procedure Rules impose a duty on the parties to proceedings to assist the Court in achieving the "overriding objective", which is to deal with cases justly. One aspect of the overriding objective includes saving expense, and cost. As a result, the Court may penalise a party that has not complied with the spirit of the Rules, by for example failing to serve a pre-action protocol letter if required. In addition the Court will take into account offers to settle and payments into Court. If a Costs order is made, it will state whom the "paying party" (usually the loser) and the "receiving party" (usually the winner) is, and also what basis of assessment is to be used if no agreement can be reached. In fast track cases the Court performs the assessment at the end of the trial. In multi-track cases, or if a claim is settled during proceedings with an agreement that costs be paid by one of the parties (for instance if a part 36 offer is accepted), a schedule of the costs is sent to the paying party to try to reach agreement. If this is not possible then a costs draftsman prepares a bill of costs for assessment by the Court. Both the costs draftsman and the Court charge fees. The CPR encourages the parties to negotiate, but ultimately the Court may be requested to assess the bill. The Court has to decide:- Whether it is reasonable for the loser to pay for the work charged for; and Whether the hourly rate charged by the solicitor is reasonable. The Court will not require the loser to pay the winner if he or she has behaved unreasonably, by for instance telephoning or writing to his or her solicitor more often than is necessary to progress the case. Nor will the assessing Court regard a senior solicitor dealing with a simple case as being reasonable. Each Court area sets standard rates for solicitors of different levels of experience, and it may award a lower rate than is claimed in such a case. Similar principles apply when the Court assesses the amount claimed for barristers' and experts' costs. The Court may decide that the amount the loser must pay in costs is less than the winner has paid to his legal team. As the Court tends to be conservative when it assesses costs, the loser is often ordered to pay only 75% or so of the winner's costs. Even if a costs order is made, this does not guarantee that payment will be made; if it is not, the successful party may have to use enforcement methods to recover the money and may be unsuccessful if the loser does not have the means to pay. In addition, if the losing party has a Public Funding Certificate (which used to be called "Legal Aid"), the Court may still make a costs order, but may also order that payment of the costs will not be enforced without the Court’s permission. Disbursements These include barristers’ fees, Court fees and experts’ fees. Often a party's solicitor will require payment in advance of the disbursement being incurred, as it is usually the solicitor that is responsible for payment of these fees. these fee may be recoverable at the end of the case. Agreement The Court will expect the parties to attempt to agree the costs between them, as far as possible. The receiving party will prepare a schedule of its costs and submit this to the paying party, and invite comments on it. Often the parties will not be far apart, and agreement may be reached. If no agreement can be reached, the receiving party must draw up a formal bill of costs which summarises precisely what was done and when. A costs draftsman normally does this, who will charge a percentage of the bill for doing so (normally 2%). This is then sent to the paying party, who must serve a formal response within 21 days, stating what elements of the bill are disputed. If no response is served, the receiving party may apply to the Court for a "default costs certificate". This is an order requiring payment within 21 days of the certificate, and can be enforced as a judgment against the paying party. If a response is served, the receiving party may either negotiate, or ask the Court to set a date for assessment. The receiving party must make the application for assessment within 3 months of the costs order, unless the parties agree an extension. The basis of assessment The Court must be satisfied that the costs that are being sought are not unreasonably incurred or unreasonable in amount. However there are two different bases of assessment that the court may order. The usual order is that costs are assessed on the "standard basis". This means that the paying party must pay only an amount of costs that is "proportionate to the matters in issue"; in other words, it will not sanction a large bill for a small dispute. It will resolve any doubts it may have as to whether the costs are reasonably incurred, or reasonable in amount and proportionate, in favour of the paying party. In unusual cases the Court will order that costs are to be assessed on the "indemnity basis", which means that it is the receiving party who receives the benefit of any doubt. Summary Assessment The Court has the power to make a summary assessment of costs during the proceedings, without needing to go through the lengthy detailed assessment procedure. It is also required to do so at the conclusion of a "fast track" trial. The parties will both prepare costs summaries for the hearing, and serve these on each other prior to it. The Judge will consider the summary at the conclusion of the hearing and decide the amount of costs to be awarded. Detailed Assessment If the parties cannot agree the costs, the receiving party will ask the Court to set a date for the detailed assessment of the bill. District Judges undertake the assessment, but in London the Supreme Court Costs Office deals with cases in the High Court. Representatives of both parties attend the hearing. The District Judge will consider the submissions of both parties and decide whether the work done was reasonably necessary, and if so, whether the time taken and the solicitor’s hourly rate claimed was reasonable (different rates apply in different parts of the country, and are set by the Court). Normally the Court will reduce a bill by about 15%, as a rule of thumb guide, on assessment. The District Judge will also decide which party should pay for the costs of the hearing itself, and summarily assess them as well. Any order made to pay a sum of money as costs is enforceable just like any other order.
  2. Hi didy you get a defense in on this one my friend has got the exact same claim Got a claim for apparently wheel was slightly on white line. He needs help with a defense claim is exactly same as yours. Thanks
  3. hi could anyone help with a simple defence over 2 years ago my friend parked his car and paid for his parking ticket, a few weeks later he got a letter from parking awareness saying part of his wheel was on the white line he has ignored all correspondence from this company, apparently they have a camera on this one spot because they know its a tight handle to park. roll on 2 years they have now issued a claim through bw legal. we have read loads of complaints about this but cant find a suitable defence. particulars of their claim. 1.the claimants claim is for the sum of £100. being monies due from the defendant to the claimant in respect of a parking charge notice (PCN) issued on __/08/2016 at time at reads ave Blackpool. The PCN relates to car under registration ***********. 2.the terms of the PCN allowed the defendant 28 days from the issue to pay the PCN. but the defendant failed to do so. 3.despite demands having been made the defendant has failed to settle their outstanding liability. 4.the claim also includes interest section 69 act at rate of 8% per annum a daily rate of 0.02 from 13/08/16. 5.The claimant also claims £60 contractual cost pursuant to PCN terms and conditions. total claim £233.00 my friend has acknowledged the claim on Mcol so he needs a defence especially with this contractual cost. thanks guys CPR31.4 sent to solicitors
  4. Hi, I am extremely worried about the possible eviction. I have mortgage with Birmingham Midshires. I live in the property with my mother who is 68, wife and four children age from 1 to 6. Back in 2009 I had mortgage arrears for which court granted the suspended repossession order on the terms that I pay £100 towards the arrears every month. which I did. After some time the lender capitalized the arrears. After few years i got in arrears again but situation got worse because how the payment team at lender dealt with my account. I made complaint on 2 occasions. My complaint was resolved by awarding me the payment of £100 on one occasion and another time £250. February last year I was in arrears, I contacted the lender but ended up in dispute on the way my account was being handled. I complaint to financial ombudsman. They contacted me and lender few time. Until today i don't know the outcome. Now i have received a letter from court for hearing on 23rd Jan. The lender has applied to the court for the decision on to "The Claimant respectfully requests that the court make the following Order" "The Claimant permission to apply for a Warrant of Possession pursuant to CPR 83.2(3)(a) and that permission shall remain valid for 6 years from the date permission is granted". The arrears are around £13k. I am in a position to make ongoing monthly payment as well as substantial amount towards arrears. Can you please advise what the lender is asking the court? Are they asking for eviction warrant? I am very worried because if the y get the eviction order on the hearing on 23rd i have no where to take my children to. Please help how can I defend this as well as is this hearing for eviction? If so, how soon this can happen? Have i lost all now? Thanks.
  5. Hi I hope you are all well. I have recently received a county court claim from VCS. It was for parking on the premises shared by a few different businesses. I went to the gym that evening and had to park a bit further out, not realising that there were boundaries set for the different businesses on the premises. The signage looks exactly the same unless scrutinised up close. I cam out out of the gym and found a ticket stuck to my window. I queried it with the staff at the gym a few days later and they said there was nothing that they could do. Lots of their members had received these fines. Their advice was to write them a letter or ignore it. Needless to say, I never parked there again but that didnt help the fact that I already received a CN from them. I have completed the details below and also logged onto MCOL and did the AOS Please advise what next step should be. I have also received a letter from VCS so looks like they are going it alone, without a solicitor. Thanks WS Name of the Claimant ? Vehicle Control Services claimants Solicitors: No Solicitor listed on claim form Date of issue –08 May 2018 What is the claim for – 1.The claim against the defendant is for breach of contract in respect to breaching the terms and conditions set on Private land. The Defendant was issued with a charge notice (CN) and has failed to settle their outstanding liabilities. 2.At all material times the defendant was the registered keeper and/or driver of the vehicle identified in the provided particulars of claim. 3.It is alleged that the defendant breached the terms and conditions of entering private land as detailed in the particulars of claim (to follow). 4.The claimant seeks the recovery of the CN and interest under section 69 of the conty court act of 1984 at the rate of 8% at the same rate up to the date of judgement or earlier payment. I will provide the defendant with separate detailed particulars within 14 days. What is the value of the claim? £185 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Claim has been issues by PCN (Parking Company) Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A I also found the below CPR 31.14 to send to VCS.. I will get that in the post tomorrow unless you need more information from me.. Do I need to send a copy to the court as well and do you recommend recorded delivery of the CPR 31.14? Thanks __________________________________ To VCS [Your address] . [Their address [solicitors] . [Date] . Dear Sir or Madam, . Re: (Claimant's name) v (Your name) Case No: . CPR 31.14 Request . On (date) I received the claim formicon in this case issued by you out of the (Name) county courticon. . I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. . Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: . 1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,. . 2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007 . 3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court. . You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. . Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. . Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. . Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. . In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. . If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response. . You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence. . Yours faithfully . TYPE YOUR NAME DO NOT SIGN IT
  6. Hi Guys, Today i got a letter to say welcome finance has won the court case and i need to pay full balance of £5000 even thou i got a loan of £2000, I did apply last month online for to hold it off for 28days but as i'm getting redundant and getting all stressed but i have to do 4 week notice period i cant afford the full balance is there a way i can get round this and pay little bit till i get another job? please help im stressed enough,
  7. Here are the current court fees which take effect from today 22nd April 2014. http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf http://www.consumeractiongroup.co.uk/forum/showthread.php?421493-Court-fees-increase-from-22nd-April-2014 http://www.legislation.gov.uk/ukdsi/2015/9780111127490
  8. Just got back from holiday and I have a court letter sitting waiting for me Stopped paying this a fair while ago due to lack of funds but unsure actually how long ago. I've had no contact with them directly for ages it may possibly be over 6 years but not sure. I've had letters and it's skipped round the DCAs who I've ignored. Letter is dated 7/5/15 I intend to acknowledge later today on MCOL and I will send Howard Cohen a CCA request as a matter of course. I'm also inclined to send Santander a SAR Request as well but imagine my time to do anything is now limited? Any advice other than the above greatly received
  9. Hi, I'm new on here and could do with some help, please. 12 weeks ago my friend ordered some parts for a roof extension he was making. He was verbally promised that the parts would be with him within the week. He paid a 20% deposit at this point. 9 weeks later the parts arrived and he was happy with them. 2 weeks ago my friend received a voice message from the company threatening court action if he didn't pay up. He then wrote to them (recorded delivery) to request an invoice as he planned to pay. This weekend they eventually sent the invoice for the amount plus £185 Court fees and £20.31 interest. They claim that they previously sent him an invoice. There was no Letter Before Action or any mention of one (if this is important?) My friend feels that he hasn't done a thing wrong and doesn't feel that he has to pay the court fees or interest as all he ever wanted, and politely asked for, was an invoice. Please can I ask for some help? Does he have to complete the court form or can he just pay the fee he believes is owed? Thank you in advance. Here are the details of the claim: Received a claim? Yes Issue Date: 2-10-2014 Amount approx: £5079 Claimant: Roof Trusses Solicitor: A C Jones Original Credit: Particulars of Claim: We manufactured and supplied timber frame panels and roof trusses to Dolycoed, Dolfor, Newtown on 8th September 2014 on behalf of the defendants who had ordered these from us. Our invoice TF4-34647A for the balance of £4874.22 remains outstanding - this invoice should have been paid on delivery. Despite numerous requests for payment nothing has been forthcoming. Neither party are responding to voicemails, letters or emails. We are not aware of any reason why this has not been paid. Interest is now payable at a rate of 5% per month as per our conditions of Business/Sale which currently equates to £20.31 Stat Barred? No Have sent: Other Info: 12 weeks ago my friend ordered some parts for a roof extension he was making. He was verbally promised that the parts would be with him within the week. He paid a 20% deposit at this point. 9 weeks later the parts arrived and he was happy with them. 2 weeks ago my friend received a voice message from the company threatening court action if he didn't pay up. He then wrote to them (recorded delivery) to request an invoice as he planned to pay. This weekend they eventually sent the invoice for the amount plus £185 Court fees and £20.31 interest. They claim that they previously sent him an invoice. There was no Letter Before Action or any mention of one (if this is important?) My friend feels that he hasn't done a thing wrong and doesn't feel that he has to pay the court fees or interest as all he ever wanted, and politely asked for, was an invoice. Please can I ask for some help? Does he have to complete the court form or can he just pay the fee he believes is owed?
  10. Name the issuing court: Glasgow Sheriff Court Who Is The Claimant: Cabot Financial UK limited Who Are the Solicitors: Nolans What type of action? Simple What is the claim for – On 14/10/2013 the Respondent entered a credit card agreement with New Day Ltd under which the Respondent borrowed money from them repayable on demand. The said agreement was an agreement under the Consumer Credit Act 1974. The date of termination was 31/03/2017. The Respondent failed to pay as agreed on demand and is in breach of contract with the said New Day Ltd and the supplier assigned all rights in the said debt to Cabot Financial UK Ltd on 19/04/2017 and the Claimants have advised Respondent of the same. The last payment to the account was 02/02/2017. The said sum of £1778.81 is the sum sued for. The Claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent had refused or delayed to do so. Last Date Of Service:- 09/01/2019 Last Date For Response:- 30/01/2019 What Documents are listed in Box E2: Simply states No Defence – No evidence required No stateable Defence (Rule 4.4 breach) – no evidence required Defence on Prescription – Copy statement of account only. (Agreement must be admitted to plead prescription. So agreement not required) Is the claim for a Overdraft, credit card, loan account, hp Agreement, Catalogue or mobile phone debt : - Credit card BOX D5 what has the claimant state: The Claimants request that the court order the respondant to pay the sum of .£1778.81 from your knowledge: answer the following: When did you enter into the original agreement before or after 2007? After 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. Debt Purchaser - Cabot 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? I think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so When was you last payment:- 02/02/2017 (according to the form) Hi All, Looking for some guidance and advice please, if possible. Around 5 years ago I took out an Aqua Credit card. Unfortunately, I was unable to keep up the payments and defaulted. The account was sold on to Cabot Financial, and as a result I received a number of letters from a law firm called Nolans (which I ignored) I have now received a Simple Procedure Notice of Claim. Any advice gratefully received. Many thanks, Pete
  11. I had a new boiler fitted by a shade greener on 16/12/14 when i say fitted it was a very windy day when it was fitted and they left a Couple of jobs to finish of like fitting the weatherseal to the flue and clearing all the brick dust they had covered everything in my attic with' these jobs i was told would be done the next day but they were not Finally after many facebook messages and phonecalls a fitter was sent to return on his way home from work when it was dark he refused to go up the ladders as it was dark and there was nobody to foot the ladders and he only had the bottom half of a henry hoover and a brush which he said himself would not sort the job out He never came back despite many phonecalls to Everlasting boilers Just after Xmas my boiler broke down I rang the 24 hour helpline to be told somebody would ring me back to sort the problem out 48 hours later still no phonecall i rang up another gas fitter who asked me for the error code and told me to turn the boiler off and then back on again to sort the problem out - This fixed it it would appear that I was forgotton about for both the finishing off work AND the clean up work and also the "24 hour care" this was the case until about 2 weeks ago when some jumped up git rang my mobile and told me i had to pay or they would come rip the boiler out I told them that i wanted the unfinished work completed before I agreed to start paying for it but his answer was "see you in court"! Today a county court summons has appeared for the grand total of £5170.52 for the boiler I have no issues with paying for it BUT the agreement says payments start after the work has been completed but it still hant been completed so where do i stand please Thanks in advance
  12. I'm posting this on behalf of an elderly gentleman who has absolutely no computer skills. In March he received a Parking fine from Premier Park for 15mins in a local carpark. He swears the machine wasn't working on the day but has no independent witnesses. He spent 15mins looking at the instructions including when he went out of the carpark to see where the nearest phone box was. when he realised it was too far he came back and drove out. I'll attach the correspondence to this post. I helped him draft letters based on forums we'd looked at. Premier Park were useless to say the least. Unfortunately he didn't get his POPLA appeal in in time (i.e. by a few days and although POPLA state appeals might be submitted late, they don't make it easy), and there is a letter attached showing how they were less than useless with this also. We are now at the County Court stage. Is it worth fighting it further or just paying the £235? 1. the claim has been filed in Exeter and the gentleman has a heart condition so cannot travel that far, his nearest court is in Liverpool. he was served on the 3rd. does the 14days mean he can apply to change courts. 2. Is it possible to have the charge reduced? the first time Premier Park even mention checking the machine to see if it works is the their court statement, if he'd known before maybe he might have thought there was an issue with the coin and paid the original £60/£100. He's still adamant it wasn't working. 3. I didn't include the POPLA complaint form as it's the same as the original letter. Thanks in advance Popla complaint redacted 15:6.pdf Popla complaint ADR redacted 18:7.pdf Premier Park Case.pdf
  13. Today I checked my credit file for the sheer hell of it. Personally I'm not bothered what it says as I don't borrow money. Made those mistakes years ago and now my file is at zero. However what I did find was a CCJ for £280 issued last October. Whoever the claimant was didn't write to me at my current address despite being on the electoral register and not at my previous one. They sneakily wrote to the old address so as to win by default. I have a very good idea who this, but it doesn't show on my credit file, just a claim number. I am guessing here but I think it may be a debt collector who has been harassing me for years over this alleged debt It was to Orange for a mobile contract which I had never has. ( I was the victim of ID fraud and they did other things too ). Despite many, many letters asking them for proof like the Deed of Assignment, Deed of Novation and a contract that proves I am the debtor and responsible, they have ignored me. To then sue me using an old address when they only wrote again only yesterday to my current one, I find this extremely bad practice that flies in the face of all the guidelines on debt collections. This is just spite of their behalf, nothing more. Today I wrote to that Mickey Mouse court called Northampton business centre where no judge ever sets foot and asked for the judgement to be set aside as I have not been notified and I have been denied my right to defend myself. Also I issued a counterclaim for a considerable sum as set down by a judge in a similar situation where PC World sued a man over a computer and filed an inaccurate and untruth report on his credit file. Now what will happen? Will my set aside be successful as it really is a bit cheeky to sue somebody deliberately using an old address so that you win by default. This smacks of a certain debt collector who we are all familiar with on this forum.
  14. Hi Folks, Been disputing a debt with Cabot for some time and eventually it has been issued as a claim to which I have responded as per the guidance in the forum. Very helpful thank you. So back in December 2018 I filled out my AOC and then 31CPR and then my Defence. Today I received a letter from Cabot chasing the debt asking me to pay, are they allowed to send me a letter to collect when it has now been escalated to a court case? Where do I stand? Any thoughts, guidance, greatly and warmly received. Thanks.
  15. Dear CAG Restons have written to me: That they have been instructed to review my payment plan. That I should provide my financial information and breakdown again. That they want to determine if the payment arrangement I have with them is affordable. Please advise, if I am correct in understanding: a. I am required to remain compliant to the actual order by the court. (in the court order it states, "the claimant had objected to the rate of payment you have offered. The court has therefore decided at the rate which you should pay.") This is via monthly instalments of £5/month until the debt is settled. b. That I do not have an "arrangement" so to speak, with Restons. I have an order from the court. The background information is self-explanatory in the reply I have sent to them, as copied below. Dear Sir/ Madam Your ref: xxxxx Amount claimed: £15541.85 Letter dated xx March 2017 by Miss H xxx Further to your letter as attached: 1. Please note that my understanding is that you had obtained a CCJ and the court had ordered, directing me to pay £5 a month until this debt is settled. 2. This was ordered at CC Business Centre, Northampton on the x of Feb 2016, for a total sum of £15541.85 including interest and court costs, owed to your clients. 3. I have attached the copy of the order for ease of reference. The claim no. is xxxxxx 4. Yourselves had further obtained a charging order against my home which I had not contested. This is dated x April 2016. (I do not have or own any other properties.) 5. I have remained compliant to, as directed by the court and I understand, that the onus is on me to continue to make the payments at £5 per month. 6. Please explain, why the outstanding balance is shown to be greater than that on the court order. I have made payments to cover the payment due date, of the 28 of Feb 2017 (13 payments x £5 = £65), prior to when you have written to me, with £15709.41 as the balance amount in your letter dated the 10th of March 2017. I am not in agreement with the outstanding sum you state. 7. Please also note this as a formal complaint. In your letter dated 10 March 2017, you have stated and informing me about legal/recovery actions, even though I have remained compliant with the court order. This has caused me a lot of distress and is now affecting my health to an extent, that I am having sleepless nights. I have experienced extreme anxiety. I have tried to call Miss H xxxxx who is named on this letter, numerous times on the telephone number 01925426100 and have also left a message to return my call, but to no avail. 8. I will continue to make the monthly payments of £5. 9. Ref offer of a discounted settlement: a. Further to your second letter dated the 13th of March, 2017, with a discount of 20% available to me, against the outstanding sum, via three equal monthly instalments of £4089.30, please be advised, that I am unable to take up this offer. b. However, if you were to accept a sum of £1555 to settle and close this account, I may be able to get some help from a relative abroad. I may be able to make this payment before the end of April 2017. I shall await your confirmation on this. c. Another debt collection agency had offered to me a discounted settlement, in February 2017 for £400 against an actual balance of £4000. I did manage to settle this account with a plea to reduce my associated stress and burden, to a relative abroad. I can attempt to do the same, for a sum of £1555 to settle the account with MFS portfolio, if you were to advise so. Please note that there will not be a time limit for I to repay such a cash advance to me. Therefore, it will not add to my current level of stress. Your Sincerely
  16. Hi, just had this arrive over the weekend In order for us to help you we require the following information:- Name of the Claimant ? Hoist Finance UK Holdings Date of issue – 19th Feb 2019 Particulars of Claim 1. The claim is for the sum of £5xxx.xx in respect of monies owing under an agreement with the account number: 12345 pursuant to the consumer credit act 1974 (CCA). 2.The debt was legally assigned by Hoist Portfolio Holding (EX Aqua) to the claimant and notice has been served. 3.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA The claimant claims 1. The sum of £5xxx.xx 2. costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A What is the total value of the claim? £5xxx.xx Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? After Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes 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. 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? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? Down turn in business What was the date of your last payment? Mid 2018 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Was in DMP but had trouble with them. Thanks
  17. Hi all, I received a County Court Claim (Northampton) 4 days ago for a couple of pre-1998 student loans that I'd successfully deferred until 2013 . My account was not in default at the time, but when Erudio took over, I decided to ignore their deferral form because of all the personal info they were demanding, and later because of all the stories I heard about their dodgy practices. long story short, I've never replied to any of their correspondence, but unfortunately I ignored a PAP from Drydens recently, and now I have a County Claim form. My address hasn't changed, but I'm guessing that they're going for a default judgement as I've never sent them anything. I intend to defend the claim, but not sure whether my ignoring their letters previously will look bad if it goes to court? Many thanks in advance for any help on this matter.
  18. Guys, I am about to send defence to Northampton County Court, please I need your help. Claim issued 14/09/18, received it on 18/09/18 and acknowledged it same day on 18/09/18. I think I have till wed 17/10/18 to file my defence? Please correct me if I'm wrong. Claim is about HBOS overdraft of current account I held since 2003, I believe it's status barred judging from when it was closed... od fees was up to 100 pounds I couldn't maintain payment. I held 2 overdrawn current account but upon challenging for second account they recently sent me letter stating account closed balance is zero. If I had challenged Lowell for the one they raised claim for maybe they'd dropped it as well. But i didn't I just bin their letters as believe it's statute barred. Other points: 1, Account number they've been quoting is wrong 2, Despite signing for it and cashing statutory 1 pound, they have not responded to all my signed for letters dated 21/22 sept 18 : CCA, Cpr 31.14, etc. SAR to HBOS no reply yet many thanks for any help in advance
  19. hello everyone. just started this thread for a colleague, who needs some advice and is not very good with computers. history of debt Barclaycard credit card 01/2008 debt management 08/2009 arranged with Barclays a reduced payment plan which was accepted while on the debt management plan. PRA GROUP was assigned the debt from Barclaycard 08/2015 Last payment made 02/2018 Name of the Claimant ? PRA Group Date of issue 17/01/2019 What is the claim for – 1.The claimant claims the sum of £1834.29 for an outstanding debt owed. 2.On 22.01.2008 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference ….. 3.On the 06/2018 the defendant defaulted on the agreement with an outstanding balance of £2019.29. 4.On 17/08/2015 the debt of £2301.02 was assigned to PRA Group(UK) Ltd. Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925. Payments of £434.52 were received up to 06/06/2018 and adjustments have been applied in the sum of £32.21. 5.AND THE CLAIMANT CLAIMS 1. The sum of £1834.29 A Barclaycard CC debt £1834.29 + court costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (pre action protocol) ?Yes What is the total value of the claim? £2019.29 what is the claim for:Barclaycard credit card When did you enter into the original agreement before or after April 2007 ? 01/2008 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?NO 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.Debt purchaser PRA Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't remember receiving this information Did you receive a Default Notice from the original creditor? No, after ringing Barclaycard they claim that the account was never defaulted. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Just letters from PRA stating you are behind with your payments Why did you cease payments? Got into financial difficulties What was the date of your last payment?06/02/2018 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I was on a debt management plan He has done the AOS on MCOL. CCA request ready to send to claimants CPR.31.14 ready to send to claimants solicitors Any help and advice appreciated. Donation will be made thank you
  20. I received a court claim form on the 7/11/18 (issue date 5/11/18) for unpaid water charges amount totaling £5,095 for the period 1/4/2007 to 31/3/2019 I have lived at the property for longer but never actually paid anything for water rates, due to being unemployed and not being to afford it. have been i receipt of yearly water bills and various uk search limited letters for amount owing. recently shulmans got involved and sent a few letters before court action. all of which i have ignored due to large debt amount. I have rung up northampton county court to verify if the claim form was send by them. they acknowledged the letter and told me the service date is 10/11/2018. Any advice on how to proceed would be very much appreciated as i'm unsure of what i can do and how to go about it. I rang southern water yesterday and enquired to my account and was told it had gone over to their litigation team. I have not rung their litigation team as of yet as i dont want to say the wrong thing. Thank you in advance for any help offered
  21. Hi there, Is there anyone out there who can help me? We have a former GMAC mortgage that went over to mortgage Express. We were keeping up with the mortgage until I finally succumbed to my illness and disability. We are currently five months in arrears which works out to be £4250. I was working part time and my wife was working full time and up to earlier in the year keeping up with our mortgage. We thought we had sorted ourselves out with my working part time and my wife getting a full time job a while ago. I had an operation several years ago, that resulted in damage to my spine, this means I take 35 tablets a day, and have fentanyl (type of morphine) patches, oramorph (another type of morphine). I am stuck in a wheelchair now, I am typing from a special bed installed in our bedroom that is like a hospital bed. All this means I cannot really work a lot now. I am waiting for the first of five operations at the start of August so will be out of any sort of working fulltime loop for a few years. I will be able to work part time and an employer is willing to let me do this fitting around all my issues. My wife works fulltime, but had to take a few months off without pay due my being in and out of hospital. overall a loss of income. We have managed to stabilise our position, but need to sort out the mortgage arrears. We were in arrears a few years ago with MX and it was hell. Four of five phone calls a day, refusal to accept a deal, threats of a home visit etc. we changed our phone number, managed to pay off the debt and were debt free for three years. How can I write a letter offering an extra £150.00 a month, which we can pay and try to forestall any action? We had a knock at the door which was out of the blue. It was an advisor and valuer from them. We told him to go away, we were only going to deal with Mortgage Express in writing as our last experience told us they bullied on the phone, never agreed a deal, and kept on phoning us. Despite our telling him to go away, he came back four times, each time was when our neighbours were coming home from work. He would stand outside the house and with a raised voice tell us he was there to deal with our mortgage arrears. our neighbours know our business. Can someone point me towards a letter template our help me out with one to send them as soon as possible? I just want to stop and action which the valuer told us they would do, that being taking us to court for repossession. I know the court might end up giving possession and then stay it, but it is a worry I could do without. I get full DLA, I am as previously stated in a wheelchair. I have four outpatient’s appointments a week, which I know is not MX’s fault, but being thrown out of the house will result in my ending up in hospital. Please help.
  22. Name of the Claimant ? PRA Group Date of issue 19/12/2018 What is the claim for – 1.The claimant claims the sum of £4793.79 for an outstanding debt owed. 2.On 20.01.2005 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference ….. 3.On the 06/05/2011 the defendant defaulted on the agreement with an outstanding balance of £5041.31. 4.On 17/08/2015 the debt of £5041.31 was assigned to PRA Group(UK) Ltd. Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925. Payments of £232.96 were received up to 20/03/20108 and adjustments have been applied in the sum of £14.56. 5.AND THE CLAIMANT CLAIMS 1. The sum of £4793.79 An Egg CC debt £4793.79 + court costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?Yes What is the total value of the claim? £5058.79 what is the claim for: egg credit card When did you enter into the original agreement before or after April 2007 ? 2005 should I request the CCA I believe they won't have a problem proofing I owe this debt? Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?No it came off about a year ago 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.Debt purchaser PRA Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes sure I did ! Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? Had a brain injury What was the date of your last payment?19/12/2018 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes How shall I defend / respond to this they seem to be using bully tactics and fishing for me to pay up the full amount which I don't have. in March last year they sent me a full and final settlement letter asking for £1680.37 I counter offered £1200 they refused it and said they would only take £1945 which is bizarre. PLEASE SEE ATTACHMENT, I questioned this on another forum and was told the wording is not right and the balance should be zero. If you have not already done so – send a CCA Request to the claimant for a copy of your agreement (except for Overdraft/ Mobile/Telephone accounts) Will Do ! Particulars of Claim An Egg CC debt £4793.79 + court costs I went into arrears in 2010 after a head injury and have been making monthly payments. Egg was bought by Barclaycard since then and then they assigned/sold the debt to the PRA group 17/08/2015. I have been paying without missing a payment but have not done their constant requests for income and expenditure. I got a letter November 13th say my account had been transferred to the investigations and litigation department which I ignored. Thanks for your help I don't have long to respond to this claim
  23. Hi I received a county court claim from Lowell Portfoloio on 12th December 2018 regarding a debt with Vodafone, I made AOS on 18th December. POC 1) The defendant entered into an agreement with Vodafone under the account reference ******** ('the Agreement'). 2) The defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 28/02/2018 and notice was given to the Defendant. 4) Despite repeated requests for the payment, the sum of £xxxx remains due and outstanding. And the Claimant claims a) The said sum of £xxxx b) Interest pursuant to s69 county courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accusing at a daily rate of £0.251, but limited to one year, being £71.76 c) Costs I would really appreciate some advise for the next stage. Many thanks. Roland
  24. Hello About 3 years ago I had an issue with my pension provider and as a result placed an SAR with them, however they employed delay tactics and required various forms and ID documents to be completed. I know I should have done but never pursued the request. However under the new GDPR I submitted another SAR on the 30 May, recorded mail and signed for by them. They never acknowledged my request and never acknowledged a reminder I sent to them. Needless to say they have not complied. I intend to issue a claim in the County Court as well as reporting them to the ICO. I have issued a LBA informing them I will start proceedings after the 14 days of the date of my LBA and at the same time report them to the ICO. Question is, what will be the nature of the claim, I am not after the £'s, I just want the breach against them to be recorded and I want my personal data from them. Also should I report them to the ICO before pursuing a Court claim?
  25. Hi all, Bit of back story to my questions: I'm a director of a webhosting company, and one of our payment processors we use is called Payza, which is similar to Paypal and very useful for people who live in countries not serviced by Paypal. Around about the 21st of March, the U.S. Department of Justice (DoJ) has filed a lawsuit against digital payment processor Payza for allegedly operating an unlicensed money service business that processed more than $250 million in transactions. Now looking at Payza's structure, they operate under several shady layers it seems. The company uses terms such as "servicing" companies, but all are ultimately falling under a UK Ltd company called MH Pillars Ltd. MH Pillars Ltd has had a few address changes recently, but now the latest registered address for them is an accountant's office. I tried to withdraw funds from our "ewallet" on the 21st of March, and a few small transactions went through, now I have nearly £5000 still stuck in my "ewallet" and the site is not allowing withdrawals. Each day the withdrawal requests remain "Pending" with a due date that just keeps on extending. Their support team no longer respond to emails, and they are not active on their Social Media accounts on Twitter and Facebook anymore. Anyone have suggestions please? What are the merits of sending a LBA to their accountants, and then a county court claim to their accountants as well? Would I just be wasting my money as accountants could just turn around and say nothing to do with us!
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