taken to court for the paid in full debt

[flower5]

I am being taken to court by CL Financial for the overdraft/debt I had with HSBC. I have paid this debt in full in February this year but in May I received court papers informing me that CL Financials claiming the money again.

I am sure that case will thrown out of court because I have letters from HSBC apologising for the hustle and confirming the payment.

My question is can do something about false claim, harassment, distress and so on this claim caused me.

Thx.

[andie_303]

Have you filed a defence? - if you have done and then they get your evidence and decide to drop the case which they probably will you can apply for a wasted costs order to the court

[sillygirl1]

Yes, you can put in a 'wasted costs' claim as part of your defence stating the following.

 

"I attach documentation from the original creditor dated XXX stating the alleged debt was paid in full to them on XXX date. As this clearly states there is no debt the claim should be immediately struck out with no leave to appeal asit is clearly a vexatious claim.

 

As part of my defence I am asking for wasted costs of XXX to be paid by the defendents upon dismissal of the claim.

 

That should be all you need to write and will stuff them completely. Don't forget to include the copies of the letters stating the debt is paid.

 

Classic case of the left not knowing what the right is doing.

[flower5]

Guys thank you very much for your support. I filled a defence already, just filled the court form some time ago. The court didn’t ask for any papers to be presented at that time. I just explained that the debt was paid and I have all paperwork proving it. Now I have a hearing date and I need to supply all copies of my documents week before. So, can I put wasted cost claim with it and how much? As I understand that will be cost of my time I spent on this matter. Is it right?

[sillygirl1]

Yes, don't forget legal research at £9.95 per hour, 15 hours doesn't seem unreasonable here.... asnd postage, and filing your defence fees, and time off work to attend the hearing.

[flower5]

thx Sillygirl. I saw my friend solicitor earlier on and he suggested sending a letter with the copy of bank confirmation that the debt was paid off to DC. Although I phoned them right after I received the court claim and told them that they playing silly, my friend said I need to send a copy of this letter to have awritten proof. I was furious that I still have to justify myself but his point was that if I don’t do this the Judge can turn around and blame me for wasting court time and not trying to prevent the hearing deliberately.

It just seems not fair that we have to follow every letter of the law and they can just jump on us whenever they feel like it.

[sillygirl1]

I agree with your sentiments, in my case the company are claiming the alleged debt which went to court and was defended and a notice of discontinuance filed is NOT in dispute, even thouugh they have now asked for a CCA on my behalf - when the 12 + 2 days are up they will be getting an email from me telling them that there is a valid dispute and there has been another addendum to the claim in with the OFT. 6 days gone already with another 6 to go (not counting weekends).

[sillygirl1]

Don't forget to take the letter you've written to court should it come to that... bet they are after judgement by default (I really think that should be dropped, if neither side shows up the alleged debt is declared null and void).

[flower5]

what do you mean judgement by default? sorry...

[bazaar]

Make sure whatever you send is sent recorded delivery, absolutely go for wasted costs, include everything youve spent (including parking fees etc.) Every hour you spend even thinking or worrying about this, is research. Grab them by the gonads and have a really hard squeeze. Report to the various ombudsman as well. If its a legal firm report them to SRA.

[flower5]

THx bazaar. I actually called ombudsman but they told me that they cannot help in this situation. They would if it is a credict card but not DC. So, I will contact FOT and SRA as you suggested. And I always send everything by recorded delivery.

I was looking through other threads and understand that judgement by default is applicable to the outstanding debt. MIne was paid off in full. So, I think it is not relevant in my case. Am I right?

[bazaar]

I wouldnt think this would ever see court, once the judge has seen your evidence. If it does, then they aint got a leg to stand on anyways, so as youve been told earlier, let the court know it was paid off and this appears to be an abuse of process for a non existing claim

[flower5]

Okay I am back!

Update on the situation.

As my friend solicitor advised I have sent the DC copy of Bank letter confirming that the debt is paid…. Nothing in response….

Today I submitted all paper work which actually states that the debt is paid to my original lender in full and that all payments made to my bank account will be transferred to DC due my account being closed.

I don’t quite understand why they still pursuing this. Probably they hope that for some reason I will get scarred and don’t follow it?? !!! I have to send them all copies of court papers.

Anyway I submitted a Wastes Costs claim as well.

Now I am thinking to attack the bank itself because they obviously didn’t transfer the money to DC as they stated in their own letter leading to a HUGE distress for me. I am not joking, I actually find all this situation very unpleasant and desperate for someone to take responsibility. As far as I can see it is the bank fault and their sorry letter is not good enough any more.

will keep you posted.

[andie_303]

you seem to be on top of this - I would imagine the DC are now hoping you just won't turn up to court so they can get a judgement in default i.e. you don't turn up they get a judgement in their favour.

 

Obviously you are going to turn up and give them hell

[flower5]

Ohhh trust me I will.

The hearing is in the middle of the day and I loose quite a lot in money that day because I need to turn all my booked clients down but I will not miss the show.