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


MONX
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Brilliant news! And a great message sent to the DCAs- we will fight and we will win.

 

And about sending the bailiffs into a DCA... that's even better than sending one into a bank!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Also Monx When you get a min can you let me know what info you took with you.

 

Cheers

 

HAK

 

HAK,

 

Basically I made sure that I had the originals and a copy (or two if you think the other side are going to attend) for:

1. every letter rec from them with the envelope it arrived in showing date of postage.

2. every letter I sent them.

3. either recorded or special delivery receipt with tracking ref number.

4. poof of receipt printed off the Royal Mail site.

5. excerpts from the legislation that I used to argue my case eg: CCA 1974, Limtiations ACT 1980, CUPTR18 etc. (this was most handy because the judge knew that I had actually read this stuff and hadnt just cut and pasted it.

 

When it came to the costs I also added this at the bottom which the judge was impressed with:

Notes

 

As a lone parent with limited finances I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

 

HTH HAK!

  • Haha 2

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Great info cheers

 

If you dont mind I am new to the Liitation Act & CUPTR18 I could do with some info.

 

Cheers

 

HAK

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Limitation Act 1980 - Wikipedia, the free encyclopedia

 

This is where I found the limitations act and I just cant find the link to cuptr18 at the moment, to be honest I think Ive had just a little (alright a lot) too much wine and I think its time for me to go to bed! I am sooooo tired.

 

I'm gonna say good night and once again thanks to all on here for all your help and encouragement.:)

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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MONX

 

would you like me to change the thread title to WON for you?

 

That would be brilliant thanks.

 

I still cant believe it!:shock::D

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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What splendid news!

 

I think you should forward details of the case to the OFT's Consumer Credit Licence Fitness Team, since Worst Cretins behaviour in this case is clearly in breach of the conditions of their licence, and the OFT will doubtless wish to take it into acount when considering renewal.

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Yes, I have to admit I am wondering about this.:rolleyes:

 

I am not too worried because if they sell the debt or another DCA tries it on, I will just send out the letter that explains that they can go whistle!:D

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Try reading this, perhaps this will give you some ideas:Blake Lapthorn Tarlo Lyons solicitors Recoveries and Finance articles: a claim form -v- a statutory demand

 

and there is also:

Statutory Demand

 

HTH!

Edited by MONX
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Advice given is my opinion only, I am not a legal or financial expert (far from it).

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1st Credit get a mention here - "The First Credit Scenario -

First Credit (debt collection agency) have (as at December 2007) been issuing statutory demands where it has not been possible to contact the name given on the demand because the call centre will not put you through. This has the effect of nullyfying their ability to follow through their bankruptcy threat.

Why do this?

Most people panic when the word bankruptcy is mentioned and a statutory demand usually appears all 'official' as from a court so it makes you act."

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