Taking a DCA to court ~ 21/11/08 ***Won in Court, with Costs***

[berrylover]

I am court tomorrow, am taking a DCA to court for costs and damages as I believe the DCA persued and harrassed me when I was not the person who owed them the money. Just wondering if anyone can help me with the protocol. You call the judge Sir, right? Unless its a woman and then???? My hearing is scheduled for half an hour. What should I expect? Any help/advice/moral support would be appreciated.

[flyingdoc]

Moral support you can have in spades.

 

A suggestion though. take some time to visit the court and see if there are any public sessions you can sit in on. (it may pay to phone the court first as county courts sometimes sit in chambers which means no public allowed)

this should give you more idea of what to expect rather than going in completely blind

 

how you address the judge depends on what kind of judge they are

 

A Magistrate

(including District Judge)

Sir / Madam

A Circuit Judge

Your Honour

A Superior Judge

(Puisne judge or above)

My Lord / Lady

 

 

District judges sit in county court so you would address as sir/madam

 

From personal experience of going to county court, you have served your action - so the judge has all the information - he/she may read it to you or precis it so that he is sure he has things right.

 

He may then ask you some questions, or ask if you have anything to add. Dont completely reiterate your case - he should have read it. only answer the questions with polite and concise answers. dont elaborate unless requested to do so. Listen to the question asked and answer it and then stop talking.. you only have to watch judge judy (My wife is a fan) to see that people often talk themselves out of winning.

 

Have a clear idea of what you want the court to do.

 

certainly the judge said to me - so what are you asking for??

 

make sure you take any papers that you are relying on in your case to court and have them organised in a logical way so if you need to refer to them you can immediately turn to them. There is nothing more infuriating than standing waiting while someone shuffles through a pile of disorganised paper.

 

If you think you might need something - take it with you.

 

Better to have it and not use it than be asked for it and not have it.

 

Dress smartly - it may be obvious but you will gain more respect from the court if you dress appropriately.

 

get there in plenty of time. - dont be rushing and last minute - if you are late you will annoy the court and you will also be hyper flustered when you go in. Give yourself time to get in and settle down - dont arrive too early though otherwise sitting in the waiting room may cause your nerves to get worse.

 

If you have a friend that can go with you - then take them - moral support is very useful.

 

These are a few thought for you to consider - as I said based upon my own experience in county court (getting an order against a landlord who didnt want to return a security deposit)

 

Let us know how you get on and the very best of luck.

[jaxads]

Good luck - let us know how you get on

[angel_1]

good luck - and good advice from flydoc

 

ciao maz

[42man]

Excellent advice Flyingdoc....ty

[fedup74]

Good luck:)

[Patma]

Good luck Berrylover. Will be rooting for you tomorrow and waiting eagerly to hear the result.

[berrylover]

Thanks guys

[fuzzybobble]

I am court tomorrow, am taking a DCA to court for costs and damages as I believe the DCA persued and harrassed me when I was not the person who owed them the money. Just wondering if anyone can help me with the protocol. You call the judge Sir, right? Unless its a woman and then???? My hearing is scheduled for half an hour. What should I expect? Any help/advice/moral support would be appreciated.

 

Good luck. I hope you put down everything including the kitchen sink for your costs? I've read a few stories that a lot of judges are fed up with DCA's, and are quite happy to award the costs you claim without question. I think the only time they would question it, if it was really over the top excessive. But even then you'd just ask the judge to set an amount they thought appropriate.

 

Also if the DCA don't pay up in 14 days, send the bailiffs in. Costs about £85 to do it, but he DCA has to refund you that and the costs.

 

The more DCA's get hit by costs when they lose in court, the more careful the'll be in future to make sure they have a valid case before going down the court route.

 

This could save lot of people who don't discover sites like this one, a lot of DCA hassle and money.

 

Good luck for tomorrow, le us know in minute detail what happens.

[berrylover]

Thank you FB. Am hoping I get a judge who can see what a slime bag company they are.

[Is this ok?]

Don't have any advice for you I'm afraid as I not had the experience of court(touch wood) but I love the thought of you taking a DCA to court.

 

Just wanted to say-

 

Good Luck for tomorrow & hope you get justice!

[berrylover]

Thanks

[havinastella]

Good luck Berry!

[spark1]

deleted

Edited April 5, 2009 by spark1

[F_DCAs]

Best of luck. Fingers crossed.

[Dorabell]

Go and get them berrylover good luck:)

[jadzia.dax1]

Good luck berrylover

 

Let us know how you get on

[berrylover]

Thank you to everyone for the support, it means a lot to know you are all behind me.

 

[spamheed]

Good luck BL - await the outcome with interest

[fiftypence]

Good luck, hope you nail them! I am looking on with interest too as I would like to do something similar. Hopefully if you get a result it might open the floodgates for more of the same.

[berrylover]

You never know. lol

[berrylover]

Ok, I cannot say much about what happened (agreed I wouldn't), but what I can say, I WON!!!! Was awarded costs and DCA have until a week on friday to pay them or I can get the bailiffs in, lol. I am over the moon!!!!

[Is this ok?]

Ok, I cannot say much about what happened (agreed I wouldn't), but what I can say, I WON!!!! Was awarded costs and DCA have until a week on friday to pay them or I can get the bailiffs in, lol. I am over the moon!!!!

 

 

Wow that's fantastic news well done!

Have been checking this thread for news.

Hope you got a substantial sum. Go & treat yourself to something nice as a reward.

 

 

ITO

[postggj]

this is great

 

i have a court claim against 2dca for illegal defaults

 

can you at least tell us the dca involved

 

go on

 

make my day

[flyingdoc]

fantastic news. well done:D:D:D