Statutory Demand Issued

[BVG]

Ok all papers submitted to the courts and before the date expired. Thank you all for the help.

 

I have also recieved a letter back from Connaughts saying my file has been closed by their office and sent back to 1st Credit, they have also returned my postal order.

I guess that case is closed for now.....

 

However, I have just got a letter from Lowell saying they may be taking me to court (CCJ this time, not an SD).

 

I will sent the same letters off to them etc.

 

My question is; If they try to get a CCJ against me, do I have to be invited to the court so I can defend myself or can they just do it and tell me after the event?

 

Thanks in advance, BVG

[rory32]

You would be notified of the claim by the court. This is as part of a claim pack which you would receive. If you decided to defend the claim (that's one of the options on the forms) then the claim would be moved to your local court so that you can attend to defend the claim.

[BVG]

Hi Rory32, thanks for the very quick reply and usefull info.

 

On the 6.5 Form you very kindly helped me write, at the footer you put

 

Further, I invite the court to make an order of costs in favour of the applicant in respect of the reasonable cost of preparing this application and of attending any hearings in respect thereof.

 

As I have started the court process against Connaughts now I take it, it will go to court to get set aside?

 

I have a feeling from other posts that they will write to the court before hand and say they are no longer chasing it etc and have no objections to it being set aside / withdrawn.

 

If this is the case can I still go after them for costs etc for my time??

 

Regards BVG

[rory32]

As I have started the court process against Connaughts now I take it, it will go to court to get set aside?

 

I have a feeling from other posts that they will write to the court before hand and say they are no longer chasing it etc and have no objections to it being set aside / withdrawn.

 

If this is the case can I still go after them for costs etc for my time??

I would.

[BVG]

MBNA Have now replied to my Subject Access Request but what they have sent in not really acceptable as far as I am concerned.

 

They have sent me 1 page of a statement covering only a small part of the period I was with them and a copy of what would seem to be their current terms and conditons.

 

Is there a standard letter to send them telling them they have failed to comply etc - Seem to remember reading a v.good letter in another thread.

 

Oh, also posted my postal order back.

[rory32]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

[BVG]

Update - Connaught have written to me and the court saying they will not be attending and have no objection to it being set aside.

 

The date the court has given me is when I am on holiday. Typical !

 

I would like to write a letter to the court asking for it to be set aside in my absence and try to get some costs awarded for my time prepairing all the paperwork etc but am unsure what to put or how far to push as I wont be able to attend the hearing in person.

 

Any guidance or other threads with simular letters?

 

Regards BVG

[rory32]

Simply write to the court apologising for not being able to attend and stating the reason why. As far as costs are concerned you can claim costs at £9.25 per hour. 18 hours as a total would seem reasonable for time spent identifying and understanding relevant legislation, time spent identifying and understanding relevant case law and time spent preparing affidavit and skeleton argument. I would also add a couple of hours for time spent communicating with Respondant and swearing affadavit.

 

[BVG]

How do I address the court? Silly question I know but dont want to upset them!

[rory32]

Just write to the clerk of the court (he/she will pass it on to the judge) and respectfully put your reasons for not attending. Also obviously quote the case number and the claimant and defendant.

[princesszing]

Thanks, have found this site wher you can get the forms in .doc format rather than .pdf - Filling them in is easier in MS Word.

 

England and Wales Forms

 

 

Sorry to barge in. Those .doc forms are indeed very useful. I used them myself. However, you don't need to buy Microsoft Word to fill them in. I used Open Office which is free and can be downloaded here...

 

download: OpenOffice.org Downloads

 

You can fill in the forms easily with Open Office.

[42man]

How are you getting on with this BVG ?