cupcake68 Vs Virgin **DISCONTINUED**

[Gallahad]

surely a default on a credit file that is applied by someone without the right to do so resulting in damage

to your financial credibibilty can be challenged

G

[gh2008]

Where is the definition of default wrt your credit file?

if you miss a single payment, you are in default of your obligations under the agreement .....

[cupcake68]

Ok, answer this for me

 

What does a default on your credit file mean?

Which law(s) govern this?

 

I see your point but is it not covered by previous cases or something?

 

Or does this mean the invalid DN discussion is pointless anyway?

 

Cupcake

[gh2008]

Default Notices are very clearly governed by the CCA and have little, if anything, to do with reporting to the CRAs

 

reporting on your credit file is really only governed by DPA. They must have permission to process you data and the data they process must, amongst other things, be accurate and appropriate.

[car2403]

They seem to think 40 hours at the LIP rate per hour allowed by CPR (£9.25) plus disbursements to be reasonable

[cupcake68]

Thanks Car!

 

Cupcake

[cupcake68]

So...

 

Haven't yet got round to my claim for costs but yesterday I received a letter from DLC saying it is the law to send me a statement every 6 months. Today I have received a statement of account. They have added litigation fees and costs totalling £290 to my outstanding balance.

 

Is this what they normally do?

 

Cupcake

[angel_1]

hiya cupcake

 

very well done and ive saved your thread as ive learnt something too from others info to you- i will use the info no doubt in the future

 

let us know when you get your costs paid that would be the icing on the cake for you

 

cheers angel x

[Gallahad]

bump

[cupcake68]

Is it normal for them to add costs to my balance when they have discontinued the claim?

 

Cupcake

[gh2008]

normal or lawful??

 

normal - sometimes

lawful - no

 

Make an official complaint to everyone you can think of would be my advices (including the data protection as you can show the data is not accurate & therefore breaches the DPA)

 

Thing is, they wasted all this money pursuing the debt - if they add the costs to the balance then on paper they have not lost any money - they still have a debt of £xk and therefore that piece of paper makes them worth an additional £xk and if they're worth all that money then they can borrow money with those debts as security ...... errr oooops haven't we been there before with the banks

 

These bankers get more and more creative with their banking and then wonder why it all comes crashing down around their ears

 

report them ....

[Dotty50]

Hi Cupcake,

 

I will have a thorough read of this later as I have now had a third letter from Aplins and this one says they will be taking legal action. Although some may say it is just another threat, you never know!

 

Mbna - Ex Hfc-beneficial - sold to Hillesdens/dlc - this is my thread, will post up the letter I got from them asap

Edited November 30, 2010 by Dotty50
added info

[citizenB]

So...

 

Haven't yet got round to my claim for costs but yesterday I received a letter from DLC saying it is the law to send me a statement every 6 months. Today I have received a statement of account. They have added litigation fees and costs totalling £290 to my outstanding balance.

 

Is this what they normally do?

 

Cupcake

 

So, they issued a claim against you. Discontinued. Now they are sending statements, adding costs and interest ?

 

 

I dont think they can add litigation costs if they have discontinued ?

[cupcake68]

Hi Guys

 

Yes that's exactly it! Well it doesn't mention interest just litigation costs and charges totalling £290

 

I still have a claim for costs to put in maybe I should add something similar?!!!

 

Cupcake

[diddydicky]

dear sirs

 

Kindly advise me by what authority, having discontinued an action against me, you now i seek costs against me

 

Y F

Edited December 1, 2010 by diddydicky

[citizenB]

I would agree with dd, cupcake. If they have discontinued their claim then no costs have been given to them ? However, you as the defendant are entitled to claim costs. I think pt mentioned this a while back.

 

So perhaps prepare a schedule of costs and write something along the lines as dd has suggested asking them to reimburse you.

[cupcake68]

Hi DD & CB

 

Yes I did intend to submit a breakdown of costs but there were big discussions as to how much was reasonable and I got a little bogged down by so many different opinions (I think mainly because it was fast track?) I couldn't decide what I should try for but after receiving this statement I now think I should go for as much as possible!

 

Cheeky Wotsits!

[car2403]

CPR Part 38.6;

 

Liability for costs

 

38.6

 

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

 

(2) If proceedings are only partly discontinued –

(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

 

(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

 

 

(3) This rule does not apply to claims allocated to the small claims track

[cupcake68]

Thanks Car

 

So maybe I should add their costs to my costs application?!!!!!!!!

 

Cupcake

[car2403]

Thanks Car

 

So maybe I should add their costs to my costs application?!!!!!!!!

 

Cupcake

 

That post got me thinking. (Unusual for a Sunday night!) It's YOUR claim, so only YOU can discontinue. What are they playing at, then? I'd suggest a letter to them along the lines of "thank you for your discontinuance, but please clarify if you are withdrawing your statement of case (CPR Part 16) in which case the Court should enter Judgment in my favour, blah, blah, blah. on the other hand, if you are willing to settle my dispute by doing X, Y and Z, plus reinbursing my reasonable costs of £X.XX, then I am willing to negotiate settlement of the issues at hand and notify the Court of discontinuance of my claim against you as a result. I look forward to hearing from you within 7 days of your receipt of this letter, or I will assume that the claim should continue and will notify the Court accordingly. To expedite any discontinuance of this claim, I am agreeable to you calling me at XXXX to discuss these matters in person"

 

I see PT is subbed (as has posted previously) so maybe he (or someone more used to having claims discontinued like this) could offer some advice on how to proceed?

[Gallahad]

Car I do believe virgin are the claimant 8-)

[cupcake68]

Hi Guys

 

I am no further on with this costs claim!!

 

It was their claim (fast track) that they discontinued. They have since added their litigation fee and litigation cost to my outstanding debt!

 

I know I can claim my costs but should I also add these extra fees?

 

Cupcake

[pt2537]

There is an AUTOMATIC entitlement to costs in the fast track on discontinuance

 

you should write to them in the first instance and ask if they are agreeable to pay your reasonable costs

 

Read CPR 38.

[cupcake68]

Hi Pt

 

Thanks

 

So at this point do I just ask the question or do I give them a breakdown of my reasonable costs?

 

Cupcake

[sillygirl1]

No, you go to the court and get them to give you the relevant document to fill in and remind VM of their duties in this, or you can email thier Chief Executive's office and remind them of their legal obligation to you.