OMG Connaught/First credit SD**WON-Setaside plus costs**

[MONX]

Hi everyone

 

I've an update on my case.

 

After I applied at the court to get the SD set aside I got a letter from our "friends" at Connaught saying that as "you have chosen to ignore the SD we will be pursuing the petition for banckuptcy".

 

As the SD had been sent second class they really didnt know when I recieved this and cannot know whether I had ignored it or applied to set it aside as this letter turned up two weeks after I received the SD. Anyhoo, I sent a snotty letter back and told them I had applied to have it set aside etc and today.... (this is where the OMG comes in)....I got a letter saying that Connaught had written to the court confirming that they are willing to set it aside. They go on to say that they are not intending to attend court and that any further correspondence should be sent to First Credit.

 

1. Now, does this mean that I do not have to go to court?

 

2. As First Credit are the company that actually sent the SD are they still intending to attend court?

 

Of course I intend to ring the court first thing on Monday as I am not willing to just take their word for it....my mum didnt bring up any idiot children!

[SirHumpy]

1st credit are part of the same group/company as connaught.

 

Did you get the SD set aside or are you waiting for a letter from the court to confirm this?

 

If you are waiting for the court to mail you their decision I dont think they is anything to do untill you get that at the moment. Nothing has changed the fact that its best to have the SD set aside, nevermind what Connaught have said - just to be on the safe side.

 

Did your mum ever mention Bank Hols when she brought you up btw? lol

[MONX]

Ive applied to the court to have the SD set aside and they granted me a hearing in about three weeks time. Connaught are saying they've informed the court that they are "willing to set it aside" and they dont intend to attend court.

 

Mum didnt bring any idiot children up but she may have dropped me on my head a couple of times! I of course I meant Tuesday when the court opens after the Bank Holiday (blush!)

[IdaInFife]

I would always check with the court.

 

Never trust a DCA.

 

 

Ida x

[SirHumpy]

Mum didnt bring any idiot children up but she may have dropped me on my head a couple of times! I of course I meant Tuesday when the court opens after the Bank Holiday (blush!)

*hugs*

[MONX]

Hi

 

I posted this morning but seem to have lost it? I think there have been quite a few new posts since then.

 

I hope someone can give me some advice.

 

I have applied to have my SD set aside at court and they arranged a hearing date. In the mean time Connaught sent me a letter stating that I "had chosen to ignore the SD and therefore they were intending to pursue the petition for bancruptcy" I sent a letter back informing them that I had CCA'd First Credit as they had originated the SD and that they should contact them.

 

Today I received a letter from Connaught saying that they had "written to the court" to say that they were "willing to have the SD set aside" and that they were not "intending to attend court for the hearing" They went on to say that they were closing thier file on me and forwarding it to First Credit.

 

I would appreciate your thoughts on this, I am of course intending to ring the court on Tuesday to confirm if Connaught have done this, but I wonder:

 

1. Does this mean that as First Credit and Connaught are two roots to the same plant whether First Credit can still enforce a petition if Connaught "is willing to have the SD set aside"?

 

2. Would you consider this an indication that they cannot provide a signed credit agreement or any proof of ownership of the debt and or warrant of assignment?

 

3. What would you do next?

 

Thanks in anticipation

[MONX]

Can anyone help?

 

I apologise for being so pushy but I am really quite anxious, I just dont know what this means. I was/am so very nervous about appearing in court and at first I thought when I got this letter, was that this meant that I didnt have to go...... but now I am wondering if I still neet to attend in order to have the SD set aside.

 

I worry that just because one of the DCA's dealing with the case is willing to have the SD set aside doesnt mean that the hearing doesnt happen and the judge may find in favour of the DCA in my absence. (I am not going to take the DCA's word for it and will contact the court on Tuesday and verify that they have written, I will ask the court what this means but I just wondered if this has happened to anyone else and what was the outcome?)

 

I know I am babbling a bit here but its because I just want all this to end and I want to make it clear that I am not trying to avoid my debts but since becoming aware of my rights on this site I want to clarify the sum alegedly owed is correct, is enforceable and that the DCA has the legal right to pursue it.

 

Thanks

[Having_A_Knightmare]

MONX

 

IMHO and I am new to this SD stuff I would still go to Court. If they do not want to come thats there tuff luck.

I would also ask the Court to award me costs and I would claim for everything.

 

Again this is what I would do

[MONX]

Thanks for your reply HAK.

 

I dont know if costs would be applicable because they have written to me to tell me that they were not coming and that they were "willing to have the SD set aside". I will certainly try.

 

I cant tell you how much stress this has caused!

 

The thought of going to court just turns my knees to jelly, Ive never had to go to court before and I really am anxious/nervous about it.

[creditcardmug]

I'm with HAK on this i haven't had one of these SDs either (yet), but i certainly wouldn't trust anything a DCA said, so i would still go and get it set aside.

[MONX]

Thanks creditcardmug

 

Yeah I certainly will attend...the idea of handing a victory to Connaught/First credit out of my own silly fears of appearing in court just would upset me far more that going to court.

 

At the end of the day I feel the fact that they are not coming (so they say) etc means that they do not have the relevant paperwork and as such I am hoping any judge will side with me....although having just read ewoodturf's post titled stitched like a kipper's thread it is very worrying!

Edited August 24, 2008 by MONX
doh! sp

[creditcardmug]

Dont forget they've probably sent out hundreds of these, how many people are going to contest them, only a fraction of them will use sites like this and get to know their rights, they probably never had any intentions of attending any of the hearings, since what they are doing is an abuse of process, they would hardly appear in court on that basis anyway.

you're bound to succeed anyway as they haven't complied with the CCA request, so i wouldn't worry too much.

[MONX]

Whooooo hoooo! That is what I wanted to hear, thanks creditcardmug your scales have been tipped accordingly!

 

I know that things are almost always not that simple but it was just nice to hear something positive today as I had a really bad nightmare last night due to the letter and things didnt seem all that bright this morning...That has made me feel so much better.

 

I am still going to ring the court on Tuesday and just check that they have had some correspondance from Connaught and what this means but unless the court tells me not to (in writing) I will be there with bells on on the day with all my letters (two copies of everything), postal order reciepts, recorded/special delivery reciepts etc and a claim for costs.

[Having_A_Knightmare]

I tell you If my SD goes to plan and I get it set aside I am going to go for the stress and the stress it has had on the family.

 

End of the day this is the worst threat a DC can do and as they are in default they are not allowed to do it.

 

This is the way I am trying to go with getting the Magistrates to start criminal proceeedings.

[babybear39]

MONX, check with the court and ask them how you claim your costs. You've had to do a lot of litigant in person reseach which you can claim @ £9.25 per hour (I'd say between 15 and 20 hours is average for a claim on here for research), stationary, postage, time off work?, going to the court to get the SD set aside, travelling exspenses etc. All your time shoud be calculated at the LIP rate. Good luck and give it to 'em

[Having_A_Knightmare]

Do you think you could get stress and suffering

[fuzzybobble]

No harm in asking, the worst they can say is, no.

[babybear39]

No harm in asking, the worst they can say is, no.

 

Best to ask a legal bod on here

[fuzzybobble]

BB,

Do you happen to know if you manage to get a Bryan Carter partial claim discontinued by Bryan Carter, how much should I be looking at for a wasted costs order? I feel he'll be after me soon, as Fredericksons got my Argos account from Moorcroft 2 weeks ago.

 

This info may be useful to MONX too.

 

I was thinking of 12 hours LIP research £114-00

6 letters £10-00

Time off work ravel to court to file defence 2 hours £17-00

14 miles fuel (my car does 18 to the gallon lol) £5-00

 

Making a total of £146-00

 

Is this about the right amount I should be claiming when the time comes?

[babybear39]

Hi FB, I've not had personal dealings with our mr carter thankfully but have read a lot about his partial claims on here. I don't know anything about wasted costs orders but you should up your research amount to 15 hours plus

[fuzzybobble]

Consider it done.

 

Going to research wasted cost orders tomorrow morning. I may hit Argos directly with that one, as they still own the account and Moorcroft/Fredericsons/B.Carter have been all collecting on behalf of Argos. I just need to know if it's possible to do this, or would it have to be whoever files the court claim?

Also by hitting Argos directly I can add more costs and time due to 6 months of letters and 3 CCA requests.

 

Hopeully enough to buy another laser and a decent radio controlled helicopter.

[MONX]

Yep, thanks for that guys, I saw the other post a couple of days ago about the £9.25 per hour for litigent person research plus postage, stationary etc and figured that this would come to approximately £140. I was gonna just stick with that but I might ask that as Connaught have put me through this and are not intending to attend, that this has wasted not jut my time but the courts time as well and ask that the court make a judgment for punative measures for abusing the courts time and processes. (not sure if they can do this but would'nt it be grand?)

 

I love the idea of the laser and radio contrlled helicopter but shouldnt you be saving your doughrayme for ...sumthin a bit less Dr Evil....ohh you could send a fembot to take out the windows at DCA HO. lol

[fuzzybobble]

actually the laser was for doing light shows with. I doubt the helicopter would cope with the extra weight a high power laser would entail.

 

Nice thought though. Sharks with friken lazors on their heads.......

 

/dr evil mode

[MONX]

An update...of sorts!

 

Ive just telephoned the court and they say although I have a hearing number she cannot find the paperwork!

 

I dont know what this means but I must say that it has made me even more nervous.... She says she will ring me back today.

 

Cant say I really happy about this!

[MONX]

Ok, further to this the Court clerk has just phoned me back to tell me that the hearing is still going on as they have not recieved any correspondance from Connaught.

 

This leaves me with two possible conclusions that:

 

a. The bank holiday post has delayed them getting it

b. The lying cowardly barstewards have sent that letter to me but not the court in the hope that I wont turn up and defend myself.

 

I am leaning towards option b especially since I recieved the letter from Connaught on Friday it is possible that the post was delayed but curiously the letter was dated the day it arrived (?) and the wording in the letter stated that they had "written to the court" putting it in the past tense, what do you think?