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    • Update. The ASB team have categorically said they want to send a letter to the idiot saying... you are upsetting your neighbor, please come in to talk about this, we need to tell you we have no power to do anything about this though... WTAF?   They also said my only option to stop idiot parking and obstructing our kerb is to park our other car outside idiots property 🤔 because the car is now not obstructing enough to get a ticket and not breaking any law! Even though it's obviously being done to cause annoyance.   Just seems beyond belief!
    • Ok, quick update on this.  Mediation didn't happen - mainly because I missed the deadline for agreeing to the date - I didn't realise the deadline was quite so tight - and I had been away for the weekend and not reading my emails - anyway - although it was bad to not formally respond, it didn't really make too much difference because due to the lack of viable evidence provided by the claimant, mediation would have been pointless.   So I've been waiting to head what court date has been allocated to my case. However, instead I received a "General Directions or Order" letter.    Sorry - I meant to bring it in (to where I'm writing this).....but basically the gist of it was that the claimant had 14 days to respond providing evidence e.g. signed credit agreement etc. - and then I had 14 days after that to respond stating whether I accepted that evidence and whether I wanted to withdraw defence.    The letter was sent around the beginning of the month - therefore their 14 days are more or less up - I haven't heard anything - albeit, I need to factor in postage times - but surely this means my 14 days are not really 14 days....but more a case of the time left before the end of October and when or if I get anything from the court of the claimant with their evidence.   My question really is:    Is it a stupid question - but I cannot really do anything until I receive anything - at the moment, the court won't know what they've sent me (in response to my CCA request) - i.e. the poorly presented application form - meaningless statements - no clear signed credit agreement etc. - so this step is basically the court asking whether there is enough evidence in order to allocate a court date?   I'm assuming I should get a copy of whatever the claimant provides to the court?   Many thanks  
    • hello again, do you think this witness statement better suits my needs witness 2.pdf
    • Hi all   Does this link indicate whether or not Woodside Park station is under the TFL Byelaws or not, as I'm a bit confused?!   https://tfl.gov.uk/corporate/transparency/freedom-of-information/foi-request-detail?referenceId=FOI-2209-1819   Rgds. Andy
    • I am hoping someone can offer me some advice concerning an issue with my former landlord, please. In short, I took possession of a property he was letting out just over ten years ago. Having viewed and been offered the letting, I accepted and paid the deposit plus the first month’s rent and moved in. Meanwhile, the landlord had gone on holiday and it was not until a week or so after I had moved in that I saw him again when he came around to see if we had settled in OK. I told him all was fine and took the opportunity to ask him where the parking space was located as there is only “pay per hour” on street parking outside and a commercial car park approaching half a mile away. He said there was no parking included with the accommodation. Yet the lease which we had each signed clearly stated that the property included the use of a parking space. He told me that this was an error on his part and that there was no parking space included with the property. Having already vacated my previous letting and paid the deposit and the rental advance and moved all my effects into the new letting – in addition to not wanting a major fallout with my new landlord (I also had a wife and three children to consider), I erred on the side of caution and did not press the matter.   However, the kids have all grown and flown and we have been obliged to downsize to a one bedroom apartment (with parking, happily). This was nearly three months ago and I have only yesteray received contact from my former landlord’s lawyer stating I still owe him (the landlord) money. I am waiting to learn the grounds for his claim and have requested a full breakdown of that alleged indebtedness from his lawyer but, having been very good tenants who always paid the rent on time and not only took great care of the old property but also did a lot of unpaid work improving it over the course of our ten year residence, I am quite annoyed to be treated so meanly. Regardless of whether or not it transpires that I do, unwittingly, owe this man money I am wondering whether or not I might have a counter claim against him for the false representation of his lease and perhaps even be compensated for the ten years I spent paying for on street parking as well as putting up with the daily (often hourly) inconvenience of that.   If someone could advise me, I would be very grateful.   Thank you.  
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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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