Statutory Demand: Connought Write - We Won't Attend Court **WON+COSTS**

[ghands]

See below for latest update.

 

Hey Guys and Girls,

 

I'm a bit confused and could do with some guidance. First Credit under the guise of their wholly owned subsiduary Connaught collections sent my partner a statutory demand, petition for bankruptcy.

 

The court date was set for the end of the month, and we filled in a set aside and sent Connaught a letter. The letter explained how they had broken the law, harrased my partner and not provided a CCA.

 

Connaught replied to our letter saying they were very sorry and would withdraw their petition. However, the next day we recieved a letter from the court detailign the pending hearing.

 

Yesterday we got a letter from Connaught saying they had been informed about the set aside and were writing to let us know that they would not be attending court.

 

Now my partner had already paid 1000+ to these idiots before I stepped in. Should / can we attend court and get costs back? Can we get the 1000 back?

 

Is this a victory and the end of it or will there be more and can we get our money back?

 

Thanks so much to all of you who have commented throughout this journey, we couldn't have done it without you and the Consumer Action Group...

Edited November 10, 2008 by ghands

[surprise]

Unfortunately, Connaughts/1st Credit are good at issuing S/Ds its a way to intimidate they then write to advise not to turn up. I think if you read Duffersmum's thread they have advised her that they're not turning up tomorrow but she is going ahead and attending and she is claiming costs. The money you have paid you I would say you have said goodbye to this. Apparently it is very much dependent upon the Judge whether they award costs. I was reading one case where the Judge didn't award costs but a couple of others got costs.

 

My daughter's case is on 12th December for the same thing. It is our intention to attend and to apply for costs.

[Lula]

agree with surprise here, a sneaky trick is to say that they wont be attending and then to turn up.

 

I would definately turn up, take the letter with you that states that they said they wont turn up, I dont think that DJ's like all this sneakiness

[ghands]

LuLa have they done that before? Thats awful!!

[Lula]

yep, luckily the OP had been advised to turn up just in case, I know, shocking isn't it.

[42man]

Go to court and get your costs...!!! You need to fax them to the court 24 hours before the hearing....remember to title them LITIGANT IN PERSON COSTS

 

Have a look here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

[ghands]

How do we go about setting out the Litigant in person costs? Can we claim for Holiday time taken to submit the set Aside, what about research? Also, how do we claim for court time on the day of the hearing?

 

What evidence / proof should we take beyond the defence we submitted. Is only my partner allowed to attend or can I?

 

Thanks

[ghands]

Also, can I speak on my partners behalf?

[Duffers Mum]

ghands - i claimed 10 hours researching the CCA/Involvancy web site, petrol and parking and also postage charges for sending recorded deliveries etc. My costs came in at just over £130 which the nice judge awarded me, however there are people on here who have claimed much more, I wasn't in this to make money, just to stand my ground against these bullies. They sent me a letter saying they were not going to attend, but i went anyway as I wasn't sure they had sent a copy letter to the court. As it transpires, they had sent a copy to the court and the judge wanted to know why I didn't accept their offer to call the whole thing off, I explained that their letter said I was making payments, which I wasn't, he asked if I owed 1st Credit £X and I said, Sir I don't consider I owe them anything as they can't provide the documentation which says I do.

 

It was over in about 2 minutes!

 

I faxed my costs on a piece of paper headed my name v 1st Cretins and the date of the hearing and case number, then put litigant in person, and just listed them. I also sent a copy of the costs to 1st Credit by special delivery a couple of days before the hearing.

 

If I was you i'd turn up and claim reasonable costs, obviously it depends on the judge on the day whether they award you costs, but its always worth a try, we have to hit these DCA's where it hurts, in their pockets!

 

Good luck

[42man]

Thank you DM for adding this, much appreciated....

 

Head the piece of paper LITIGANT IN PERSON COSTS

 

As an example...

 

10 hours spent researching the Consumer Credit Act @ £9.25 per hour (£9.25 pr hour is the maximum you can charge as a litigant in person)

10 hours spent researching Insolvency Act / Law @ £9.25 per hour

Postage

Parking

Mileage @ 40p per mile....

 

You can use the form in this thread here, but you will need to change the title to ligitant in person costs (reproduced courtesy of Surfaceagentx20)

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/156641-capquest-statutory-demand-help-4.html#post1765170

[42man]

You can attend Ghands as a McKenzie friend.....or as the partner....

 

Remember to fax your costs in to the court 24 hours beforehand...OR post it so it arrives 24 hours beforehand...

[ghands]

Hey guys, this arrived a bit late as the hearing is tomorrow. I would have faxed the form today, but the site has been down for me. Will taking the form be of any use or is that it?

[ghands]

Hey guys,

 

I didn't want to post anything here until this was close to being resolved, but the day after the above post, we went to court and won the set aside and the judge suggested we should claim costs.

 

We hadn't followed the standard procedure to claim , so First Credit were given the option to argue the amount the judge awarded (not if they should pay), but if they wanted to they needed to attend a hearing in leeds with the Judge and ourselves.

 

That day has now come and gone and First Credit havn't paid as the judge has ordered them to. We are due costs of just over £200 and I intend to issue a CCJ later today.

 

On top of that, we recieved a very threatening letter from what looks like another subsidiary of First Credit, Scott Hall Collections, saying that unless my partner pays the alledged debt in seven days they will send round baliffs.

 

In my last letter to First, I warned them that any action by subsidiaries would be classed as vexaious action by them, and suggested that any correspondance other than to provide a valid CCa ( the stat period lapsed last april) was illegal.

 

I also outlined a series of costs for any unsolicited correspondance or threats that were sent by First / cronies and I now want to charge them based on the costs I have outlined. Can I claim this money through moneyclaim online.

 

Anyway, I am just off to request a CCJ, could and admin move this to DCA Legal Success ?

 

Thanks EVERYONE here who helped, we couldnt have done it without you, staff, moderators, viewers etc!

 

I'm not stopping here - I intend to squeeze First Credit until they back off with this illegal harrassement.

[42man]

GOOD WORK Ghands.....very well done !!!

[cashins]

Well done!!

 

Never hurts to put the boot in, especially now as it's on the other foot.:D:D

 

David

[ODC]

Lets us know how you get on with you CCJ against these Cretins. They are quick to issue threats themselves.

[DCA-KING]

That should bugger up there credit file once the ccj is issued is in down to the other side to mark it paid as satisfactory(i wont bother) also if you get a CCJ against them dont forget to inform the credit ref agency and see how quick they are to add that one!!

regards DK

[ghands]

Hi DCA King, that sounds great!

 

What should I do about todays threats - I have listed charges if they continue to harres me - how should I pursue it?

[NailPost]

If a judge has ordered them to pay and they haven't complied that is the same as a CCJ. Take advice from the court but the next step may well be to instruct bailiffs. Don't worry these people will be court staff and they know how to behave.

 

You say these cretins are still writing to you and this is a matter that should be reported to the statutory authorities - the OFT and Trading Standards. If I were youI would write to the address shown on Scott Hall's letter and ask them for their complaints procedure. Failing to provide that means you can go straight to the Financial Services Ombudsman with a very legitimate complaint. An investigation by the FOS will cost these twerps at least £400, possibly more.

 

I don't think you can make your charges stick though.

[DCA-KING]

If the courts have awarded you the money call the courts and tell them they have not paid and you would like a CCJ registered against them and that you would like the baliffs to call on them but get the CCJ done first may affect there credit rating also if you have a CCJ registered i would write to the company that owned the debt first and ask them why do you use DCA's with CCJ's registered against them

That should be fun dont you have to be solvent to hold a DCA licence and Credit consumer licence if thats the case get them revoked

also if they dont pay petition for bankrupcie thats another good one there name in the local rag

Regards DK

KICK THEM WHEN THERE DOWN

[ghands]

Well, they paid today, surprise surprise, sick of the correspondance from people like Scott Hall who are blatently owned by First. So, I'm going after them now... they just don't seem to learn regarding breaking the law and harrassing my

partner and myself.

[noomill060]

Great news! Bet it made them sick having to give YOU money!