What happens at a Set Aside Hearing

[forumreg1]

I have to accompany the in laws to a hearing to set aside a Statutory Demand from Red Debt - provided they haven't withdrawn it before then. Since they are targetting the wrong person and failed to provide any evidence to substantiate their claim, the application to set aside seems pretty strong to me. But what happens on the day in Court?

Can any one give a simple explanation of what we are to expect in the Court process if a) Red Debt turn up and b) if they don't.

[42man]

This is disgusting behaviour, you MUST also claim your costs too (write them down on a piece of paper to give to the judge, this is completely up against the OFT's guidelines on debt collection, I would also report them to Trading Standards as well....

 

You will also need to fill out this from as well !!!

 

http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf

 

Have you spoken to your local CAB or a solicitor ??

[forumreg1]

The forms 6.4 and 6.5 have been lodged. I have spoken with Consumer Direct who reffered the matter on to the OFT who have asked for copies of everything as they are investigating Lowell for their fitness to hold a CCA licence.

 

In arriving at our costs, do you think it is reasonable to charge for personal time in prearing doucmentation, attending court etc. If so what would be a reasonable amount?

[42man]

Got to say excellent work Forumreg1 (GREAT NEWS ABOUT LOWELL TOO !!)...see it through to the end !!! I would say consultation with a solicitor for 2 hours at £150 per hour + postage at £5, your time off work at £25 per hour, and your in laws time off work at £25 x 2 per hour.....might be worth adding some notes on what the OFT say too about debt collection guidance. As there are some serious breaches here

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Also might be worth emailing your local MP....

 

When you appear in court, they may not even appear.....if they do, (this is what I would do) and they try to negotiate to keep it out of the courtroom...tell them you will keep it out of the courtroom if they pay your legal costs and damages too (get them to put it in writing there and then)....it really is despicable behaviour and they should be FULLY punished....

[forumreg1]

Thanks for this 42Man. We didn't consult a solicitor. I have relied on the excellent advice I've been able to find on this forum. I would be comfortable claiming solicitors fees but could legitimately claim for my research time at my normal rate as I'm self employed.

 

Bet they don't turn up.

[42man]

Keep us posted.....you won't need any good luck as you seem to have done your homework !!!

[forumreg1]

Just to re ask my original question, what actually happens at a set aside hearing? I've never been into a court before and would like to know what to expect.....

[MrCollio]

I went to a set aside hearing last year.

It was 1st credit.

Remember that you must attend court even if the otherside withdraw unless you are told not too.

The hearing is very informal. Just state your case to the judge.

With mine 1st Credit did not turn up. The judge read what 1st credit wrote and read my application then listened to what I had to say.

With regard to costs you can not claim more than £9.50 per hour. This is the standard litigant in person rate.

Have a schedule of costs prepared. Put down your actual costs e.g. work out your rate for your time off work just in case you have a friendly judge.

The decision is given on the day.

[forumreg1]

That's great. Thanks very much.

[forumreg1]

Here's an update.

 

We know they Lowell are chasing the wrong person.

 

They have failed to respond to requests for proof, including missing the 12+2 day deadline for a CCA request.

 

They have failed to withdraw the SD as they said they would do on the phone almost three weeks ago.

 

Now we have obtained proof from the original creditor that the in laws don't owe them any money.

 

At the moment the set aside hearing is still due to go ahead in a couple of weeks.

 

Presumably only we can cancel the Hearing? Am I right in thinking that Lowell could withdraw the SD before then? Do we have to agree? Costs have built up on our side and I'm sure the court would award them if we managed to submit them at the hearing. Do you think Lowell would pay costs up front rather than have the SD set aside by a court and have a cost order against them???

 

Any advice gratefully received.

[42man]

If it was me I would go to court to claim the costs back, tell the judge you rang Lowells and they failed to withdraw it (amongst telling them all the other damming evidence)...(the judge will crucify them !!).....

[42man]

Then when the judge throws it out, email the national newspapers...

[forumreg1]

ON another thread I posted story of Red/Lowell chasing a family member with a fictitious debt. This progressed to them issuing a SD. Various letters sent on the advice of this excellent forum.

 

With the SD set aside looming and the CCA request well over the 12+2 days, Lowell have written "without predjudice" to apologise and say on investigation it has turned out to be mistaken identity and hope there has been no inconvenience. The letter does not however withdraw the SD.

 

Of course we have incurred costs in reseraching, letters, calls etc.

 

My question is, with little time before the hearing, what should we do now?

 

Do we write to Lowell saying, thanks for the apology now pay our costs of £xxx?

 

Should we apply to cancel the hearing? Can we actually do this?

 

If not do we take the letter to the court hearing and hope that the judge awards costs?

 

Help please.....

[42man]

This is the thread here...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/134887-what-happens-set-aside.html

[42man]

It might be wise to write them a letter requesting that they pay your costs and a small amount of compensation (for the upset and stress it has caused your family) in order to avoid it going to court. If they agree to this then you will drop the case....

[PossVox]

Hello again forumreg1,

 

Sorry to hijack your post but just wanted to ask if you got any acknowledgement of your CCA request before they caved in?

 

I've had nothing from them with regard to my request but I DID get a threatogram in which they expressed their alarm that I hadn't responded to their SD demand!

 

Congrats once more!

[forumreg1]

No response to the CCA request at all. Apparently they gave up about the time when the request hit them however the letter they are supposed to have written then never arrived (strange that). The climb down is headed "without prejudice" and doen;t actually say that they have withdrawn the SD, only that the accept that the debt isn't owed. Which is what we told them 3 months ago!

[forumreg1]

As Lowell have now sent a letter saying they've made a mistake and that the money is not owed (the letter is marked without prejudice) does the DS set aside hearing still take place?

[forumreg1]

I've had a thread running on the Debt Collection side but am after some legal stuff.

Short story. In laws chased by Lowell for a debt that wasn't theirs. Lowells eventually issue a Statutory demand. We apply to court for to get it set aside and the hearing is due shortly. In the meantime the message has finally got through and Lowells have sent a "without Predjudice" apology and said they are no longer pursuing them. THe SD hasn;t formally been withdrawn and we want to get compensation /costs for the hassle we've been through over the last few months.

 

If Lowell have given in (but not agreed to reimburse costs) what will happen at the HEaring or do we have to cancel it?

[rory32]

3 threads merged. Please stick to one thread per topic, thanks.

[forumreg1]

Sorry about that. Slapped wrist accepted. I am however still trying to find an answer to my question before next weeks Set aside hearing....

[forumreg1]

Anyone know the answer to this? The apology we've had is not from the company named on the Statutory Demand, instead it's from another company in the group - one that has had no involvment to date. Does this mean it's meaningless???

[nicklea]

forumreg1,

 

It is YOU that is applying to have this set aside. So, regardless of anything that you hear from anyone it really is in your own interest to attend the hearing and take all the paperwork including this latest letter to show to the judge.

 

If you don't turn up then the judge may well decide that you're not serious about wanting it set aside and refuse your application. It's similar to the situation when a creditor brings a case against you then they don't turn up in court.

[forumreg1]

Thanks, we'll do that. Watch this space. Of course therer has been no response to our letter requesting costs from Lowell in advance of the hearing.

[forumreg1]

Hot foot back from court.....

 

Lowell didn't turn up for the hearing. Judge looked in disbelief at the correspondence to and from them. Questioned their competence and legal knowledge in a polite manner.

 

Set aside the SD and awarded costs against Lowell. This covered all our expenses in fighting them.

 

Success!

 

Many thanks to all on the Forum for their support and advice.

 

Hey , if they don't sent a cheque could we set the Debt Collectors on them?????