Miss Muppets daughter v 1st Credit**WON** + COSTS

[miss muppet]

OK, I did say I would let everyone know how things went with the set aside hearing to-day, pointless lying, it was b.awful. Wasen't allowed to speak as Mackenzie friend for daughter and had an absolute xxxxx of a judge! Daughter was like a rabbit caught in headlights! 1st Crud did not turn up but we were told that was our fault as they hadn't had a copy of the set aside application and at one point we were told it hadn't even been sworn, when I argued that it had been signed in front of a legal clerk, she told me to shut up, that she wasen't talking to me. So advice has to be make sure you ask whether the court is going to send a copy of the set aside affadavit to the other side - cost if photocopied there £5. I had done a fuller version which wasen't signed which daughter had to sign there and then and we have to send a copy to the other side before 7 days is up and she has adjourned and will probably have another hearing in about 3 weeks but she says it doesen't look good as several of the arguements I used i.e. invalidity of default notice, notice of assignement are contentious issues and could involve court costs if she looses:cry: She said that I could direct daughter towards notes etc but when daughter turned to look at me, she bellowed "Don't look at your mother" Honestly, I am so disheartened. Daughter said they hadn't provided a true copy of the agreement but she was trying to trip her up by saying surely there was something attached to the card when you had it, didn't that have any terms and conditions on it, daughter said no it didn't. (it was 10 years ago). She said what was invalid about the default notice it was the right address wasen't it. Of course I wanted to say that they had issued this after the request for the CCA and the assignment was unlawful due to continuing dispute but had of course been silenced. She advised daughter to get legal advice, well if she could afford that she wouldn't find herself in the position she's in would she! Sorry to have such a negative post but just make sure you have watertight arguements.

[miss muppet]

Ok I see I have thoroughly depressed everyone and didn't get any replies!!

Never mind, we are feeling a little more upbeat to-day and I am doing as ordered by Judge and sending longer version of affadavit to 1st Crud and Barclaycard as unbelieveably prior to the hearing 1st Crud returned the CCA fee and said that Barclaycard had repurchased the alleged debt. I can't believe that the court didn't send the sworn affadavit to them as the legal clerk told us that she would make sure the other side got it and surely the court would have informed them of the date of the hearing?!!!

Anyway will have to polish up all the legal arguements and write it down like a script for daughter, one thing I have found out is the default notice was invalid because it did not have the OC's name and address i.e. it was issued by Mercers.

I cannot believe that the judge took no notice of the fact only an application form was supplied. Never mind, onward and upward.

[harrythehawk]

Can I just ask why you were not allowed to speak for your daughter ? Were you intending to represent her ?

[miss muppet]

Hi, yes, I had written to the court beforehand to ask if I could attend as Mckenzie friend/lay representative - sorry if that isen't the correct term, cannot find my letter just at the mo, and asked again before court.

[harrythehawk]

That is what confuses me, I thought you were allowed to speak as a representative, did you do anything incorrectly ? Sorry, for all the questions however I may be in a similar situation myself speaking behalf of OH and found this quite worrying as OH wouldn't have a clue

[blind-as-a-bat]

Can you not get a Power of Attorney or some equivalent that allows you to appear at court on her behalf?

 

not up on the court bit so dont know if thats possible but thought i would ask as its a problem that might crop up in the near future too.

 

By the way are you the same Miss Muppets that posts on MSE?

[citizenB]

That sounds like a pretty horrid time you had Miss Muppet. It was my understanding that a Mackenzie friend could speak. You say you wrote asking the court, did you get a reply.

 

 

Miss Muppet, I have tried to pm a link regarding Mackenzie friends. But it would appear you have exceeded your limit. You will need to have a clear out:D

Edited July 12, 2008 by citizenB

[miss muppet]

Ta everyone, sorry been at work to-day so only just logging on, not sure whether I am the same as the one on MSE, ages since I went on there, will have to have a look and there I was thinking I was unique!!

Interesting point about the Power of Attorney, will have to look at that, its the same with daughter as your OH, She's very shy and nervous as well.

Think we were very unlucky with Judge, I reckon her other uniform is bondage:lol: We both feel as if we've done 10 rounds with Mike Tyson and have 3 day headaches - arrrgh!

Yes, I did write and ask for permission and no I didn't get a reply, hardly surprising when they were telling us that she hadn't made a special journey to court to swear the affadavit. Don't think I was impolite, I asked her again as we entered if it was alright for me to attend and politely (I hope) handed her our case notes.

Muppet is the right name for me tho' because there was I telling poor Shawn to take note of 42 Man's advice on all the points of law and I didn't have enough on it myself and because I was expecting to speak myself, didn't do a proper script for poor daughter. When were discussing whether she had sworn the affadavit, my daughter said my face went bright red because the Judge bellowed "I wasen't talking to you". It really wasen't the best way to get anything out of anyone.

I'll clear out my message box and thanks for that.

[citizenB]

Pm sent.

[miss muppet]

Thanks for that Citizen B

[miss muppet]

Hi everyone, just wanted to share our good news with you. 2nd set aside hearing was this afternoon, the Judge couldn't have been more helpful, I think it helped that I had sent another statement into court, I basically threw everything at the problem but the kitchen sink!! I had put in a long explanation as to why the default was invalid and he brought this up. We'd also said that we knew that the monies were owed but believed the agreement was unenforceable and he agreed with us on this, saying there was a triable issue and we did have a defence. Then he awarded costs of £257.

 

Thank you to everyone who helped, whose work I filched particularly 42 man and pt, I'm a bit knackered at the moment as I am working on my defence against mbna! One thing the Judge did mention that I did laugh about afterwards was that 18 hours was a long time to be working on the case - I said I was not very good at legal matters - I thought if only you knew- have been up to 1.30 every night over the bank hols working on my defence.

 

Cheers m'dears, a little dosh will be coming your way when I can afford it.

[blind-as-a-bat]

Congratulations miss muppet, glad it turned round for you and your DD:D

 

If the judge raised an eybrow at 18 hours for your case, mine will have a fit on mine then:oops:

[citizenB]

Oh well done Miss Muppet. Even more so after the disastrous visit you had in July.

[beanpole]

Wel done MM.

I know it was while ago, but hadn't seen the conclusion.

Congrats.

[42man]

Gosh !! how did I miss this one ?? (just read through the thread)....very, very well done MM !!! really pleased for you....again demonstrates just how different 2 judges can be...

[citizenB]

Should this thread now go in the Success section ?

[42man]

OK it will be done CitB

[MONX]

Congratulations!

 

1ST Crud really are handing the cash out at the moment!

 

Serves 'em right, well done Miss Muppet so glad things turned out right!

[miss muppet]

Ta everyone and thanks for moving the post. Unfortunately 1st Crud haven't paid up yet and we have had to inform the court that they have not complied with the court order.

Y'know I bet the courts are getting pretty fed up with these DCA's behaviour, raising these SD's and then not turning up and not paying up.

That reminds me of my next job, Consumer Direct said I have to keep OFT informed with regard to review of 1st Crud's credit license.

 

As we say on here, onward and upward:)

[42man]

Let me get this straight....the judge ordered your costs, and they haven't paid !!!!! Do you have the judges directions i.e. the official document from court saying that the judge orders the costs against 1st ?

[miss muppet]

Hi, yep, you got it right, order dated 28th August 2008

Before Deputy District Judge Rowley

 

"...on the hearing of an application by the Applicant for an order that the Statutory Demand issued on 4th April 2008 be set aside

 

Upon hearing the Applicant in Person and the Respondent not appearing

 

AND UPON READING THE EVIDENCE

 

IT IS ORDERED THAT:-

 

1. Credit/Respondent to pay Debtorf's/Applicants costs assessed at £257.00 (no VAT)

[havinastella]

Ohh Miss Muppet,

 

Send in the bailiffs

[42man]

MM, rather than putting this thread back in the DCA forum...can you start a new thread with this issue ? In the DCA forum with a heading like 1st Credit Haven't Paid Their Court Costs !!!! (you'll get a good response)....there was one guy who had the same problem, and I believe he did send the bailiffs in....i'll try and find it....

[noomill060]

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/116591-1st-credit-stat-demand.html