Sleepless Nights v 1st Credit

[miss muppet]

Not necessarily BB, I keep my local TS up to date with everything going on and they did send me some information which could they say, help with any forthcoming cases. I suspect its information you have already but just say if you want me to post it and I'll scan it on to the site.

[42man]

OK...am I correct in saying that you haven't heard back from the court as yet ?....it will be worth calling the court just to check in case anything went missing in the post....please, please try and relax, if it gets to a hearing i'll come with you depending on where in the country you are.....you've handed the defence in (totally disputed) ...1st Credit can try and defend against a frivolous stat demand, not properly served, i.e. second class, non production of a CCA....I know there was a name on the bottom ..but was there a telephone number too ?? In fact I would welcome the chance to quiz them in front of a judge to be honest....they are abusing the insolvency service, by using a stat demand as a debt collection tool !!!

 

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).

 

QUOTE from

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

[Sleepless Nights]

Thanks 42man

 

I have received a reply from the court with my hearing date (2nd week in October) but nothing else

 

There is a number on the letter, and you are more than welcome to attend as is anyone else out there

 

MOB RULE LOL

[miss muppet]

Don't worry SN, if our experience is anything to go by, the silly burgers won't even turn up!

[Sleepless Nights]

Thanks mm

 

I hope so, they are over the 14 days for supplying the cca, but what I want to confirm is if they produce it between now & the hearing can it be used or not

[42man]

Check your PM SN...

[Sleepless Nights]

Well

 

Still haven't heard anything from 1st Credit

 

Now had final demand from Metropolitan Collection for bank overdraft because they reckon my dmc didn't contact them earlier this month to say my payment would be late

 

Spoke to them & they have agreed to keep my payments through the plan but will not confirm this in writing. They tried to ask me if I was a home owner with mortgage etc so wonder if they don't honour what they have said tonight, I shall make my payment & see

[42man]

Hi Sleepless.....did you see this stat demand that was set aside yesterday !!! As long as you stick to the dipsuted and why (AND CLAIM BACK YOUR COSTS)....I think you will be fine...I was a lot more worried for this cagger than I am for you...!! please try not to worry...!!

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/148159-hearing-have-sd-set.html

 

As for Metropolitan and the overdraft...have you started reclaiming the excessive charges from the account ?....

[Sleepless Nights]

Thanks 42man

 

I have received a letter from 1st Credit's solicitors saying that there client consents to the setting aside of my stat demand & have informed the court, but would like me to confirm that I have withdrawn the application

 

Any ideas anyone?

[babybear39]

Still attend and claim your costs.

[42man]

Withdrawing the application ? If it was me i'd still attend and claim costs, sounds to me like they are getting very worried !!!!

[Sleepless Nights]

Thanks guys

 

I will, should I admit that I have received it though, or say no which might annoy the judge?

[42man]

By all means tell the judge on the day.....but I would lead with 'abuse of process'....a'busing the Insolvency service' etc etc.....There is something about withdrawing an action whereby they pay your costs which is court rules....but I can't find it....

[Sleepless Nights]

Ha Ha

 

Keep looking, keep looking

 

Check your PM's 42man

[42man]

Good luck SN.....my feeling is that you will come back with some good news !!!

[42man]

Any news ?

[Sleepless Nights]

Hi 42man

 

Yeah got it set aside

[smt37]

Congratulations!

 

Me too (today).

 

Did you get costs?

[Sleepless Nights]

u2 smt

 

Chuffed for you

 

Hardly got a chance to ask for costs, judge said better to leave while I was ahead

 

U?

[Having_A_Knightmare]

Well done SN another victory!!!

 

Can you let us know more on what the judge said!!

[Sleepless Nights]

Hi HAK

 

Sorry to sound a bit down but it doesn't feel like a victory

 

He said that they (1st Credit) had agreed to set aside because I was paying through my debt management plan (this would be the one that they never accepted or ignored when they wanted FULL PAYMENT) & that I had obviously been paying them something through this

 

It is more likely that they have never supplied my cca, so when I started to ask about costs he basically said best to leave while I was ahead (didn't know whether to laugh or cry)

 

Anyway a BIG THANK YOU TO EVERYONE WHO HAS HELPED ME (ESPECIALLY 42man) I hope I can help many others

[Having_A_Knightmare]

SN it is still a victory against 1st Crud.

 

I have wrote to my MP about CON and 1st Crud. The more the better. If you want to copy the letter i sent I will PM it you. That goes to anybody else.

 

HAK

[Sleepless Nights]

LOL

that's true

 

Yeah send me a copy please

 

How are things with you anyway?

[babybear39]

Congratulations SN

 

[Sleepless Nights]

Thanks bb

 

How's uni?