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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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hsbclinkdcms

Help needed with a very tight one...thank you!!

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Just hold tight for the mo before you do anything else. There's always a risk the AQ could be sitting in some in-tray waiting to be attached to the court file. Call the court towards the end of the week by which time things should have entered the system if it's there to go inwards. If next time you call the AQ's still not in, ask the staff to produce the requisite notice directing the claim has been struck out under CPR 3.7.

 

After that you will be entitled to your costs automatically [see CPR 3.7(6)(b)]. I produced pdfs of a form of Bill for Detailed Assessment, Notice of Commencement and step by step guidance for a litigant in person in djc's thread 'Re: arrow global receivables/cope's solicitors', page 5 post no89 which you may find useful on the costs front.

 

Any queries, yell here.

 

x20

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OK x20, sound advice again, thank you.

 

I will let you know Friday what's happened.

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Hi,

 

rang the court today, still no AQ's and the woman stated that she had passed the file to the department that issues orders and not to worry as there response will not be accepted in any case.

 

I would like advice on how to proceed now, with regards to costs and what I should do about contacting Link about this matter? There is also the issue of CRA's, is there anything that I could do about these ?

 

I was thinking of writing to Link with the offer that I will bare my own costs in exchange for F+F settlement of this account and all information relating to it being withdrawn from the CRA's.

 

Any ideas or comments would be welcome and appreciated, TQ.

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Just received in the post 'General form of judgment or order.'

 

IT IS ORDERED THAT the claim be struck out.

 

:-D:-D:-D:-D:-D:-D:-D:-D

 

Thanks very much Guys and Gals, this is put paid to for the moment and another victory for CAG.

 

If anyone can advise as to what to do now , I think most of the points I need help with are contained in the post above this.

 

Thanks again OVER THE MOON !!!!

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Excellent, another victory for us caggers, well done


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Ok, I posted off a narrative and N252 to Link for the costs and heard nothing from them whatsoever. The 25 days will be up tomorrow so what is the next step please ?

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Complete Form N254 Request for Default Costs Certificate. Send the Form with attachments and a cheque payable to HMCS for £45.00 to the court dealing with the case.

 

Await receipt of costs certificate. The certificate will command the other side to pay the costs set out in the certificate within 14 days.

 

x20

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Thanks again x.

 

Which would be the copy of the document giving the right to detailed assesment ?

 

Would it be the original order striking out their claim ??

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Yes. Either the order striking out expressly awarded you costs or alternatively, the strike out was made under CPR 3.7 with the right to costs arising automatically under CPR 3.7(4)(ii).

 

x20

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Hi all,

 

a default costs certificate arrived in the post today giving them 14 days to pay. I wonder if I'm going to hear anything back from them this time or whether I'll have to go the whole hog ?

 

I cannot understand Links' failure to reply to anyhting that has gone on between us over the last 5 months, it seems incomprehensible to me that a company of that size is apparently burying its head in the sand.

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great thread, my battle with link only just starting...well 1 month ago...after cca request nothing..


Lowell Financial (Monument) No CCA - File Closed ** WON**:D

1st Credit (Citi Financial) No CCA - Credit Report Marked 'Satisfied' ** WON **:D

American Express No CCA - Pending

RBS Mint No CCA - Pending

CL Finance (Morgan Stanley) No CCA - In Court:eek:

HSBC - No CCA - In Court:eek:

Link Financial (MBNA) No CCA - Pending

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Well, nothing from Link whatsoever (apart from spitefully defaulting me yet again!), times up tomorrow.

 

What is the next step that I have to take to enforce the court order (that they pay costs within 14 days) ?

 

Any ideas gratefully accepted.

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Contact the court and let them know that they haven't complied - and that they have added another 'default' on your credit score that you need removed asap - (again this has increased your costs)

 

See what the court say about enforcing the order.

  • Haha 1

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Thanks SG, I'm going to ring the court tomorrow RE this, I'm just waiting on a couple of cases on here and how they pan out as to my next steps RE the DN's.

 

Have you served the default cost certificate on the opponent?

 

x20

 

When I rang the court they said that they would serve them...Was the advisor wrong x ?

 

Thanks.

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OK. Then check with the court what the date of service of the certificate upon the opponent was.

 

If the time for payment has expired, get stuck in with the enforcement process.

 

x20

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The order stated that they must pay by the 23rd of December, I may be jumping the gun as they still have one day but they have never replied to any communication from me to date so I have no reason to presume that they will do now.

 

I presume that the next stage of the enforcement process will be bailiffs (?). Do I need to send them notification that I am preparing to take this course of action and if anyone can help what is the process via the court (An application for a Warrant of Execution?)

 

Thanks as always.

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Hi all,

 

just had a letter from the court advising me that my request for a default costs certificate was not signed and therefore not fully completed.

It then goes on to say that the claimant is going to object to the making of the default costs certificate and a copy of their objections will be sent by the court as they receive them.

 

OK....the request for a default costs certificate was not signed but how can they now object to one being made now.

 

They had until the 24th of November to lodge their objections after they had received my bill of costs, which they did not.

 

The court granted a default costs certificate giving them until the 24th of December to pay and are now in posession of an application for a warrant of execution.

 

How can they at this stage now lodge any objections to the request for a default costs certificate ?

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OK

 

Points of dispute and consequence of not serving

 

47.9

 

 

(1) The paying party and any other party to the detailed assessment proceedings may dispute any item in the bill of costs by serving points of dispute on –

 

 

(a) the receiving party; and

 

 

(b) every other party to the detailed assessment proceedings.

 

 

(2) The period for serving points of dispute is 21 days after the date of service of the notice of commencement.

 

 

(3) If a party serves points of dispute after the period set out in paragraph (2), he may not be heard further in the detailed assessment proceedings unless the court gives permission.

 

 

(The costs practice direction sets out requirements about the form of points of dispute)

 

 

(4) The receiving party may file a request for a default costs certificate if –

 

 

(a) the period set out in rule 47.9 (2) for serving points of dispute has expired; and

 

 

(b) he has not been served with any points of dispute.

 

 

(5) If any party (including the paying party) serves points of dispute before the issue of a default costs certificate the court may not issue the default costs certificate.

 

 

(Section IV of this Part sets out the procedure to be followed after points of dispute have been filed)

 

 

Another question, would they have to seek the courts permission by way of an application for an order to stay etc ?

Edited by hsbclinkdcms
additional info

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Seem to be finding my own answers here but would like some confirmation as I will be speaking to the court ASAP.

 

Practice direction Part 47.11 37.6

 

Application for an order to a CJ or DJ.

 

47.12

 

Court officer may set aside if they have been prompt and he can show good reason (???)

 

Would 8 weeks after the last date for them serving objections on the detailed assessment seem to be prompt ??

 

Ok they're going to disagree with the amounts but I am confident that I can argue their points on that.

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I think you are in unchartered territory here as far as many Caggers are concerned, which may be why advice is thin on the ground.

 

The unsigned certificate may have given them an excuse to delay payment which the court are now wondering about. After all, many defences are based on imperfect documentation.

 

Why not call the court and offer to resubmit with a SIGNED form to restart the process. You will then be seen as not putting the court to the inconvenience of the hearing and removed the objection. If the DCA still goes ahead then, you will be on the high ground.


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Hi Docman and thanks.

 

The court have already asked me to just resubmit the application as they had already granted a warrant of execution. This is now stayed and will be going before a DJ shortly.

 

I am, to admit, astounded as to the grounds that the DCA are lodging objections. They state that no costs order was granted by the Judge who struck out their case (for non payment of allocation fees). The sanctions to be applied in cases for non payment is covered under CPR 3.7.

 

CPR 3.7(6)(a) states;

 

6) If the claimant does not pay the fee by the date specified in the notice –

(a) the claim will automatically be struck out without further order of the court; and

 

 

CPR 3.7(6)(b) then follows on in these cases;

 

(b) the claimant will be liable for the costs which the defendant has incurred unless the court orders otherwise.

So there is no need for a costs order from the court in such cases unless it is to deny costs, certainly not to allow them. CPR 3.7(6)(b) gives automatic costs.

 

And they lodge objections on these grounds ????????????

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