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hammyhound

General question about court claims

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What I cannot get my head around is the fact that despite having an unenforcable agreement etc do companies still take you to court. What is the advantage of doing that. Do they think you will back down and pay them.

 

I have two ongoing at the moment but still think in the back of my mind they have something up their sleeve.

 

Does anyone have any thoughts of why companies are doing this.

 

Northampton must be overloaded with work!

 

HH

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hammyhound

 

there are very few financial institutions that will just roll over the large majority will persist to the very last momentand then will be prepared to withdraw. obviously this tactic catches the very nervous and unsure.

 

your best bet maybe in seeking disclosure prior to litigation if you are uncertain of the way forward.

 

djc

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Thanks DJC

 

I did request the CCA and all they produced was a one page application form nothing on the back.

 

I then requested the same through CPR and they sent the application form with bank copy conditions on the back and they still issue - the application form is a card I never took out!!!

 

Just wanted people's opinions really why this is happening.

 

HH

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hammyhound

 

possible reason is due to the 100,000 plus claims and the general state of the banking industry.it would appear that the banks are reeling from the sheer volume of litigation that they are being forced to address and it is only just got going. it is no wonder that they, the banks, are trying to spread there debt liabilities as far as they will stretch.

 

good fun is it not

 

djc

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What I cannot get my head around is the fact that despite having an unenforcable agreement etc do companies still take you to court. What is the advantage of doing that. Do they think you will back down and pay them.

 

I have two ongoing at the moment but still think in the back of my mind they have something up their sleeve.

 

Does anyone have any thoughts of why companies are doing this.

 

Northampton must be overloaded with work!

 

HH

 

 

Don't forget that the vast majority of these claims go through on the basis that most Defendants don't defend them...

 

People often get a summons for debts which they either ignore (and the claimant gets a default judgment) or they admit it and offer a payment (again the claimant gets a judgment)


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Thanks again.

 

I think you are right in that they hope that the Defendant will back down so they get a judgment but thanks to CAG people are sitting up and taking notice.

 

I wish I would have seen this site 2 years ago as a couple of my CCJs certainly did not have agreements but there you go - you can't win them all.

 

HH

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hammy hound

 

we also have ccj's that go back a number of years.

 

our position is to challenge there enforceability.

to date we have been pursuing these claims for aproximately twelve months and they are now just being passed to a solicitor.

we will have to wait until they make a decision as to will they or wont they take on the case.

 

the reason that the claims companies are taking so long is that they have run out of regulated solicitor practices that are needed to handle these cases.

 

please do not think that i am advocating useing a claims management company i am not but our reason for useing them is time.

 

djc

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the reason that the claims companies are taking so long is that they have run out of regulated solicitor practices that are needed to handle these cases.

 

djc

 

Just a point of clarification any Solicitors Practice can undertake the work - the difficulty is that CMC's have a number of Solicitors on a panel and they only refer cases to those firms and of course the nature of consumer credit is that not many Solicitors want to do it...


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I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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i've got no money

 

a fair point. my only observation is that without exception finding a solicitor that is not overloaded and is prepared to take on additional clients is difficult to find. those solicitors that are already working with a claim management company appear to be at breaking point, and consequently the level of service that is on offer to other clients appears to be withdrawn.

 

djc

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i've got no money

 

a fair point. my only observation is that without exception finding a solicitor that is not overloaded and is prepared to take on additional clients is difficult to find. those solicitors that are already working with a claim management company appear to be at breaking point, and consequently the level of service that is on offer to other clients appears to be withdrawn.

 

djc

 

I'd agree with that.

 

I think the problem is that a fair number of Solicitors won't touch consumer credit with a barge pole or if they will they want to charge standard private client rates - which are substantial (usually in excess of £150 an hour).

 

I know of firms that are quite happy to take it CCA stuff on but its' standard private client rates - you then get the same quality of service as any other private client. There aren't many who, in the early stages at least, will take them on as a "no win no fee"

 

Its' like the old adage says "Justice is open to all, just like the Ritz hotel"


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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i've got no money

 

we entirely agree we have had three seperate claims that had to be redirected because of various reasons solicitors had withdrawn and new solicitors were engaged. in a number of cases the withdrawing solicitors had written explaining the reasons why they were unable to proceed and notified us that we had a just cause of non compliance and that ppi should also be claimed.

 

the one notable thing about useing a claims management company has been that the chasing debt collection service has been supressed if you are in receipt of threats this is normally halted very quickly.

for information i am of the opinion that the management claim industry is now starting to cherry pick only the large juicy debtors and the modest debtors are losing out if that is fair.

 

djc

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Hi DJC,

 

Surely the level of debt is more important when the CMCs take on a case as, as I understand it, cost are not reclaimable where the value is less than £5k ie Small Claims. In order for the solicitor to ensure getting paid they have to have a winnable case greater than £5k and we all know that solicitors do not ever work for nothing.

 

GK

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Thanks again.

 

I think you are right in that they hope that the Defendant will back down so they get a judgment but thanks to CAG people are sitting up and taking notice.

 

I wish I would have seen this site 2 years ago as a couple of my CCJs certainly did not have agreements but there you go - you can't win them all.

 

HH

 

Have you thought about getting these judgements set aside or have you settled them already?

 

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GK

i entirely agree the level of debt should not prejudice the outcome of CMC's taking on a case but i believe you are correct in that some more notable CMC'S are starting to reject a number of cases due to being under a certain value outstanding and the figure that you have stated could well be a cut off.

from my point cynical as it may sound i hope i have mine allocated to the ones that are prepared to to progress those debts less than 5K.

 

djc

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GK

i entirely agree the level of debt should not prejudice the outcome of CMC's taking on a case but i believe you are correct in that some more notable CMC'S are starting to reject a number of cases due to being under a certain value outstanding and the figure that you have stated could well be a cut off.

from my point cynical as it may sound i hope i have mine allocated to the ones that are prepared to to progress those debts less than 5K.

 

djc

 

I am not a fan of CMC's but if they don't take on cases where they can recover their costs how do they make any money - don't forget that they are not charities...

 

Even in legally aided cases as a general rule, although there are some limited exceptions, if a claim is worth less than 5K legal aid is not available because the costs are not recoverable. The question that the LSC asks is would a private client of moderate means fund this case. As an example If the claim is worth £3000 and the costs of pursuing it are going to be £3500 and you aren't going to recover those costs - if you were paying for it privately then you wouldn't bother because you'd end up £500 down...


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hi DJC,

 

Surely the level of debt is more important when the CMCs take on a case as, as I understand it, cost are not reclaimable where the value is less than £5k ie Small Claims. In order for the solicitor to ensure getting paid they have to have a winnable case greater than £5k and we all know that solicitors do not ever work for nothing.

 

GK

 

I think that is absolutely right - lets face it very few people work for nothing - when was the last time you called a plumber or an electrician out and they did the job for free.

 

Although you might be surprised how much free work Solicitors and Barristers actually do - you'd find its' a lot more than the average electrician does


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I've got no money

 

as previously declared we have a number of cases currently with three CMC's and a further two independant solicitors for credit cards plus a specialist solicitors practice pursueing a mortgage claim. the latter has been on going for just over two years, but still have not got them into court yet but should not be long.

 

it is my intention to post details on the success or failure as and when we have something worth posting for the benefit of our members

 

until then we live in hope and expectation of a god fearing man

 

 

djc

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I've got no money

 

as previously declared we have a number of cases currently with three CMC's and a further two independant solicitors for credit cards plus a specialist solicitors practice pursueing a mortgage claim. the latter has been on going for just over two years, but still have not got them into court yet but should not be long.

 

it is my intention to post details on the success or failure as and when we have something worth posting for the benefit of our members

 

until then we live in hope and expectation of a god fearing man

 

 

djc

 

Excellent - the best of luck mate...I suspect that it's a question of perserverance


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Have you thought about getting these judgements set aside or have you settled them already

 

No some are only quite small so I don't think it would be worth it but one CCJ I got was when the solicitors thought they will try and deceive me and get a charging order put on my property for the debt for which they lost. I am still waiting for the CCA from them which I requested in January but they have told me that due to the fact that CPR now replaces my request I have not got a leg to stand on so I will certainly not pay them the balance - at this rate the debt will still be there when I die.

 

HH

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I've got no money

 

when one is dealing with the other side so to speak you never really no where it will lead. fortunately i have another plan if these fail but i still have fingers crossed

 

djc

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