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    • a court bailiff will not do that and fleecing DCA's cant use HCEO as its a regulated consumer credit agreement under £5k. you'll not find one CCJ thread here where this has ever been any diff. forget google! bit like the USA election was rigged and trump won twaddle.   stick with cag eh?   so use our search top right in the red banner backdoor CCJ whilst you await getting the info.      
    • please just type no need to keep hitting quote....   read what it says in red at the top of the CPR 31:14 template..carefully again.. i can see this thread continuing with these series of schoolboy errors and you screwing up if you dont learn to read and follow things carefully .   just send the CPR as is no need to worry about if or not something is applicable . they rarely respond anyway which is why we say don't miss defence filing date whatever happens..  
    • Stop worrying about bailiffs and read what dx100uk  has posted  ..........................................................
    • The two companies are lowell and cabot.   I'll get the information and come back with it.   I did do quite a bit of 'Google' research before coming on here. There's a lot of confusing information out there they seem to tell you half the story.   Just so I'm clear. Bailiffs in my situation, if authorised by a court. Can enter the property through an unlocked door and seizure goods? Or can they not do that with a consumer credit ccj? Or point me in the right direction so I can read up on it.   Thank you for your help. It's good to finally speak to somebody who tells you how it is.
    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help         Edit:   I was jus reading the cpr 13 template and it says i am requesting: " (template removed - dx)
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Me v 1st Credit (Stat Demand)


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Well done Gary :) Gary could you give some info on what costs you asked for and how you went about asking for costs. I know some people have not been successful in getting costs awarded and obviously if everyone could successfully get costs then that might start to act as a slight deterant to these DCA money grabbers.

 

 

 

Thanks Gary. I think some people may not have asked for costs until the actual hearing so that's probably where the problem has arose in them being awarded.

 

 

Rory,

 

If it's of any help, I was in a similar situation and only asked for costs at the actual hearing. However, I had prepared my costs prior to this and it was just a case of handing the sheet of paper to the district judge.

 

This is what I requested and got:-

 

Costs For Set Aside Application Case No xxx

xx Court xxx April 2008

Rate Claimed Litigant in Person rate of £9.25 / hour

Travelling Costs HMRC Approved Mileage Rate of 40p / mile

1) Time spent identifying and understanding relevant legislation.

Time spent identifying and understanding relevant case law.

Time spent preparing affidavit and skeleton argument.

18 hours £166.50

2) Time spent communicating with Respondant and swearing affadavit

2 hours £ 18.50

3) Loss of day’s wages for attending court on xxx April 2008 £ 80.00

4) Travelling costs for return journey to court 2 x 20 miles £ 16.00

Total £281.00

Notes

Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £170/hour to prepare the Application (£510-£1020) plus extra for attending the court.

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

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welldone GaryH...restores our faith in the great british justice system....thanks for the info....I intend to set a side a demand...I'm hoping mine to as successful as yours.....great news

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  • 1 month later...

subscribing and well done!

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

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You mean, I might be able to get paid if I go to my local court and ask for a set aside? I am prepared to give the judge a wage if she can sort these people out. What do I do? I was going to ignore them but if enough of us call their bluff and sting em for costs, the feedback to their firm would help save the scared and uninformed in the future from getting this nonesense through their doors.

Edited by overdone
did not show as quote

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Thanks for your support everyone.

 

 

£157, (I thought I'd over-egged it a bit before I went in but in hindsight I now wish I'd asked for a bit more because I would probably have got it) to be paid by 14 days. Lets hope they don't pay so I can send the bailiffs in

 

 

That may cost you money?

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That may cost you money?

No. The costs of employing bailiffs to enforce the debt is just added to the amount that the DCA owe.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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No. The costs of employing bailiffs to enforce the debt is just added to the amount that the DCA owe.

 

Thank you for that.

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hi there

i have read the threads regarding 1 st credit not sure how to deal with this. havej ust been served a sd on 28-6 2008

so have until 16.to file the forms 6.5 6.4 .it doesnt say which court they use . the debt came froom a credit card which i have agreed with others to pay a reduced amount each month.can i argue that bankcruptcy will mean no one gets payed .

 

 

hellp going mad

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Hi nightwalker. You need to start your own thread on this.

 

The forms are filed at your local court (if they do bankruptcy - most do but some of the smaller courts don't) as this is where the set aside hearing will be heard.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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They paid, btw. On time as well!:D

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 3 weeks later...

GaryH - wonder if you'd mind taking a look at my thread -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/152479-help-needed-stat-demand.html

 

I'm about to fill in the set aside papers and I'm not sure what to write on the affidavit? Have you any suggestions?

Everyone's help with this is fantastic - I can't say how gratefull I am for stumbling across this site!

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  • 1 month later...
Has Gary heard anything from 1st credit since the SD fiasco??

Not a sausage! Doubt I will either, although I wouldn't be surprised if they eventually flog it on to another bunch of bottom feeders.

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  • 2 weeks later...
Hi Canbrilla,

 

Depends on how efficiant the court is really - if the court is busy then you may end up waiting ages to be called in (bit like at the doctors:D) but assuming they don't turn up then you should only actually be in front of the judge for 10 minutes or less.

 

You may wish to write to 1st and re-iterate that the debt is quite clearly subject to a genuine legal dispute. There is clearly a triable issue. They are put to proof on existance, enforcability, assignment, etc, etc.. Their statutory demand must, therefore, be set-aside and to run the application to a hearing would be a waste of expense and court resources. Invite them to formally withdraw the statutory demand - and warn that if they decline to do so you will rely on the letter on the issue of costs and conduct generally. Enclose a costs schedule. They would then have to be incredibly stupid not to withdraw it. And if they don't then show it to the judge and hammer them for costs.

 

Have you got a thread?

Hi i have been posting some threads about my husbands dealings with 1st credit (cititcards originally) was reading yours today as we have a hearing on the 30th october, we have disputed the debt due to charges etc, the debt is for £959, we are extremely anxious about this and wondered if you could give any advice further to what we have been given as to what to do and say on the day, do you think they will turn up? and do we let 1st credit know about the hearing or will the court let them know, how will we know if they are going to withdraw and what happens with the hearing if they do withdraw, thanks for you time

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  • 8 months later...

I would like to add my 2 penny worth to this thread. I noted the solicitor is stated as being "R Marr" . I checked the law society website and see he is stated as being "employed by 1st Credit" which brings me to question of COSTS being claimed by 1st Credit. I would look VERY closely at the costs being claimed by them both for Court work and for simple paperwork as they MAY have hard time claiming them. If he is employed by them they are NOT his client and thus will be hard to claim that they are paying him say £150 per hour. I bet they have been milking system, although that is just a guess NOT a statement. Regards Debtor

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Interesting as I seriously doubt 1st crud are paying him £150 per hour :rolleyes:

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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Hi i have been posting some threads about my husbands dealings with 1st credit (cititcards originally) was reading yours today as we have a hearing on the 30th october, we have disputed the debt due to charges etc, the debt is for £959, we are extremely anxious about this and wondered if you could give any advice further to what we have been given as to what to do and say on the day, do you think they will turn up? and do we let 1st credit know about the hearing or will the court let them know, how will we know if they are going to withdraw and what happens with the hearing if they do withdraw, thanks for you time

 

Liz, the court will advise 1st credit of the hearing and if they are going to withdraw they will either write to you saying they are discontinuing or you will get to the court on the day and they just wont have turned up. :D

 

If you do get a notice of discontinuance from 1st Credit, then do please check with the court that this is so.

 

Let us know here also, because I think if they do discontinue you can apply for costs. :D

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  • 2 weeks later...

Hope the hearing went well liz01. Let us know how you got on.

 

By way of an update - 1st Credit have defaulted my credit file, so because they are unable to prove the existance of the supposed 'debt' I will shortly be filing a claim to remove the default. I'll update the thread as and when.

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  • 1 month later...

Default now removed from all the CRA's files. :)

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YAY!!! Congrats :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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