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Delfi101 et al vs Weightmans/Phoenix /HFC - ***WON***


Delfi101
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I'd argue she was 'in difficulty' within minutes but 'struggling' about an hour later. A 'dead duck' or 'filleted donkey' within 90 minutes.

 

She did try it on a bit I guess but it was rather easy to answer her questions.

 

Being a witness is easy when you understand the stance that your side is taking better than the barrister questioning you.

 

D

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Pickthall v Hill Dickinson Llp & Anor [2009] EWCA Civ 543 (11 June 2009)

 

this is a case our counsel refered to yesterday

 

may be useful to assist others

 

Pt

 

Had a brief read through of the above

 

In may case the Judge was unsure about the assignment altogether, but she still carried on, here is an extract from the judgment

 

Dealing then lastly with the identity of this particular claimant, the claimant purchased or took assignment of various debts from HFC pursuant to an agreement in 2008

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Fantastic result for both of you. :)

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Pickthall v Hill Dickinson Llp & Anor [2009] EWCA Civ 543 (11 June 2009)

 

this is a case our counsel refered to yesterday

 

may be useful to assist others

 

"This is an appeal from a decision of HH Judge Waksman QC..."

 

Now where have I seen that name before... :roll:

Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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good evening

 

just want to add my congratulations and very best wishes. A great result and thanks very much for sharing the information here to benefit others

S

=================================================================

remember

 

the Sun is always shining, it's just that you can't see it sometimes

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Delfi

 

That was quick.

 

Do they pay the £5000 into the court or to your solicitors.

 

Just to mention that in my case the reason for refusal was:

Finding of fact made against Defendant-who was not believed. Various technical points of defence were not sufficiently established on the facts

 

apparently in my case I had to prove that no agreement was entered into as opposed to the claimant to prove that there was an agreement in place.

 

But hey once again it was a tremendous result between you and PT.

 

BTW, I didn't even get the address for the COA.

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And here's a clip from a letter that they sent in response to my intiial complaint about their response to my CCA request:

 

hfccut.jpg

 

Yeah 'final response' - cool. I told you I'd see you in court and called your bluff. The 'airhead' manager that composed this letter has just cost this bank a lot of money. Probably more than her annual salary.

 

Their response wasn't what I was hoping for but I think the disappointment may well be theirs now :-)

 

So, Ms KP (sender of the above letter) - THIS is MY final response. Suck on it!

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PT are you using the Pickthall case as an example to us of where the creditor is taking a debtor to court where their case is seriously flawed that we should push home our arguments with a view to dismissing their case?

no, our counsel used this case to show that there was infact no cause of action for the collection agency due to problems with the assignment as the debt was at the point of assignment irrecoverable

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My sols deal with all of this. I have no idea.

 

D

it will be paid directly to us.

 

and we will take care of the billing, detailed assessment hearing etc. We use a good firm call just costs who take care of the bill and recover their monies from the other side too for dealing with the matter

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no, our counsel used this case to show that there was infact no cause of action for the collection agency due to problems with the assignment as the debt was at the point of assignment irrecoverable

 

as an aside (apologies) does the claimant have to pay the fee before the court will issue the AQ's (would explain why despite chasing the court i still haven't had them)

 

thanks and apologies for interrupting the thread

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as an aside (apologies) does the claimant have to pay the fee before the court will issue the AQ's (would explain why despite chasing the court i still haven't had them)

 

thanks and apologies for interrupting the thread

not sure i follow, but iit is late

 

the AQ is available on the HMCS website. its freely available

 

the court will require a fee when filing the AQ, so the Claimant should pay when they file their AQ

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thanks it is not at northampton it is now at my local court

 

they (the court) have been saying since before christmas that the Q's will be sent out but still no sign

 

i sent them a fax to remind them just in case our friends tried to slip in a SJ application

 

i didnt want the court to think i was just sitting back on the embarrassed defence and doing nothing

 

they have not responded to 31.14 or 18 and i want to use AQ's to ask for the docs

 

thanks

 

dick

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Can I just echo this - the formulaic approach to embarrassed defences is no longer (was it ever?) a valid approach. This has become an area that judges know about and your arguments need to be a bit better constructed than that folks.

 

In this case the numbers didn't add up and, regardless of any moral argument, there was only one logical conclusion.

 

PT is right though - the judge referred to the unenforcibile 'debt' as a 'windfall' for me. To his credit he relied on the usual HoL rulings in this respect and didn't really linger on the point.

 

Anybody that's been in this position, over such a period of time, will know that even a result like this doesn't pay for the sustained grief that these parasites and their 'friends' apply.

 

D

 

 

I am very glad for you and congratulations.

 

Would be it possible to get a copy of your defense and/or skeleton argument if possible, it would be to a great benefit to a friend of mine in similar situation or pm me about it if it is not possible!!!..

 

Also my friend is looking for a solicitor and barrister, would you please pm me about your solicitor since we are looking for the same..

 

Mostly appreciated.

thanks

 

PS the thread is

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240630-help-so-reconstituted-agreement.html

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Sorry, I don't have these documents in my possession. They are with my legal reps.

 

I will have to ask permission regarding putting you in touch with a solicitor too.

 

D

 

 

Hi

 

Thank you

 

mostly appreciated

 

T

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  • 4 weeks later...

hiya all

 

only just come across this thread today been referred from another hfc one,

 

again it gives me huge hope and joy to see Won in the titles as i also learn so much from the thread info as well

 

fab as always to you all involved in this

 

have a beer you all deserve it

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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