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1st Credit & LCS Battle - court papers received - help


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Hi Newman, it's been a while since I have posted, but I have kept an eye on your progress and just wanted to say well done mate for giving these monkeys a damn good run.

 

I know from personal experience how our Surrey friends operate and I sincerely wish you every ounce of luck I can in shoving it to these barstewards. They need to be held accountable for thier actions and learn that they cannot continue to treat people the way that they do.

 

Well done & best of, not that you are going to need any luck with the POC you have.

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi Newman, it's been a while since I have posted, but I have kept an eye on your progress and just wanted to say well done mate for giving these monkeys a damn good run.

 

I know from personal experience how our Surrey friends operate and I sincerely wish you every ounce of luck I can in shoving it to these barstewards. They need to be held accountable for thier actions and learn that they cannot continue to treat people the way that they do.

 

Well done & best of, not that you are going to need any luck with the POC you have.

 

MC

 

Thanks very much MC - your encouragement is hugely appreciated.

 

Even though we know that to prove they have a legitimate claim and answer in full all the points in our defence, we are not being complacent in any way over this. I am taking this extremely seriously and want to see justice done here. I have categoriacllly stated in writing several times that I will pay in full anything I lawfully owe them providing of course they can prove this lawfully and show they have a legitimate claim. I have offered them at least 3 conditional offers of full payment with this caveat and they have refused these offers and have still insisted on taking this to court.

 

I m going to be very interested to see how they try to slip out of the defence we have submitted.

 

Thanks again MC

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If this thread was a playground would he be the creepy guy in the long mac sitting on the bench I wonder :)

 

He’s the one in the dungeon.

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So you made offers to repay anything that was lawfully due, on the condition that they provided evidence of the amount they were claiming and proof that they had a legitimate right to even make the claim? That doesnt sound unreasonable to me.

 

Did they simply reject the offers without providing any proof as requested ?

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Any rejection of settlements/ offers must be taken into consideration when costs are to be decided.

 

Regards

 

Andy

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Astonishing, and a fact that will come back and bite Mr T Watts right on the bum.

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C’mon, majic, join in and help. Or we might assume you are a 1st Crudit stooge, stuck in a dungeon in Reigate with your only escape a tunnel to the pub.

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So you made offers to repay anything that was lawfully due, on the condition that they provided evidence of the amount they were claiming and proof that they had a legitimate right to even make the claim? That doesnt sound unreasonable to me.

 

Did they simply reject the offers without providing any proof as requested ?

 

Hopefully in writing, Newman?

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So you made offers to repay anything that was lawfully due, on the condition that they provided evidence of the amount they were claiming and proof that they had a legitimate right to even make the claim? That doesnt sound unreasonable to me.

 

Did they simply reject the offers without providing any proof as requested ?

 

Absolutely in fact they stated that they were disregarding my letter entirely -

 

I wrote to them on the 27th June after receiving the POC dated the 21st June and stated the following

 

In the matter of the request for payment of £6,7272.12 I would be very happy to settle any financial obligation I might lawfully owe as soon as I have received the following documentation from you

1) - verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with the Bills of exchange act 1882 - (in accordance with the BORA an Invoice is required to show what service they are charging me for)

2) A copy of a lawful contract signed by both parties and therefore binding both parties - (THis could be either the original agreement or a contract I have signed with them - either would do as it would show we had a lawful agreement that both parties have agreed to, although in the case of a CCA agreement it obviously has to be totally compliant)

3) Vaildation of the debt (The actual accounting) - proof from their accounting system showing where there is a credit and a debit proving that I actually owe them any money.

 

I gave them ten days to respond - they did respond but the letter came from connaughts dated 28th June which said

"thank you for your recent undated letter

please note that we received no signed authority from you to act on behlaf of Mr Wxxx Sxxxxx and as such we disregard your letter in its entirety.

 

This letter was sent by me and signed with my copywrited signature as I am my own authorised representative and so they wanted signed authorisatiun from me to say I was able to act for me in my behalf!!!! - I didnt give this any credence.

 

I then wrote again on the 5th July stating the same thing and again on the 12th July but they never came up with anything so as part of my letters were stating that if I didnt hear from them this would constitue their agreement to terms that I outlined. in my last letter I stated that as they had not responded accordingly they had therefore accepted the terms I had stated and as such we were in a tacit agreement .

 

They toitally ignored all of that and I did receive a letter dated 1st December stating

We note from the documents that you have disclosed your letters were sent on a WP basis. We assume from this disclosure that the privelege has been waived.

 

I didnt respond to this letter.

 

So in a nutshell they have totally disregarded all the conditional offers I made them.

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C’mon, majic, join in and help. Or we might assume you are a 1st Crudit stooge, stuck in a dungeon in Reigate with your only escape a tunnel to the pub.

 

Or maybe its that nice restaurant across the road from their office Donkey :wink::rofl:

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Or maybe its that nice restaurant across the road from their office Donkey :wink::rofl:

 

Reigate’s quite a nice place, but not if you want to buy anything. Just pubs. I doubt Mr T Watts could afford the good restaurants, guessing his salary in relation to his legal skills.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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There’s a nice Thai pub just across the road. Aw.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Any rejection of settlements/ offers must be taken into consideration when costs are to be decided.

 

Regards

 

Andy

 

Well thanks very much for that Andy I have taken note of that. So as I have made numerous very clear conditional offers to pay in full and they have clearly ignored them, in your experience how does a court usually view this type of thing - a defendant has made an offer to pay in full and the claimant has either not come up with the proof of a lawful claim or has totally ignored the defendant?

 

I am wondering in respect to the statement you made about when costs are to be decidied.

 

Oh also Andy can you elaborate on your post of very esarly this morning about

 

Just an aside Newman if they do attempt to resist your variation re costs then you do have options if they try to enforce the costs, you could make an immediate application for injunctive relief to prevent them from doing so and will seek the costs of this application from them.

 

Just an option to consider.

 

Regards

 

Andy

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Reigate’s quite a nice place, but not if you want to buy anything. Just pubs. I doubt Mr T Watts could afford the good restaurants, guessing his salary in relation to his legal skills.

 

There’s a nice Thai pub just across the road. Aw.

 

LOL Donkey - well I think that may be the place - someone I know was there recently and they said that they were sitting in view of the omnibus builidng and also that there was a nursery right there too - now isnt that nice 1st Cr being the loving caring company they are provide facilities for the young mums to have their little ones looked after :) !!!!

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Hi Newman ok not that you will need it but here goes,an injunction is an order of the court requiring some person to do (called a mandatory injunction) or refrain from doing (a prohibitory injunction) some act. An injunction may also be sought to prevent the commission of some legal wrong which has not yet occurred but is threatened. This is known as a quia timet injunction. In such a case the applicant will have to prove there is a high probability of the breach occurring and causing substantial damage. Breach of an injunction is a contempt of court, the penalty for which may be committal to prison. It is the threat of this sanction being applied which makes it such a potentially powerful weapon in the claimant’s arsenal when urgent action is required. Applying for an injunction can, however, be a costly and time-consuming exercise and should only be considered in very specific circumstances. (hence the need to recoup the costs)

 

Regards

 

Andy

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Hi Newman ok not that you will need it but here goes,an injunction is an order of the court requiring some person to do (called a mandatory injunction) or refrain from doing (a prohibitory injunction) some act. An injunction may also be sought to prevent the commission of some legal wrong which has not yet occurred but is threatened. This is known as a quia timet injunction. In such a case the applicant will have to prove there is a high probability of the breach occurring and causing substantial damage. Breach of an injunction is a contempt of court, the penalty for which may be committal to prison. It is the threat of this sanction being applied which makes it such a potentially powerful weapon in the claimant’s arsenal when urgent action is required. Applying for an injunction can, however, be a costly and time-consuming exercise and should only be considered in very specific circumstances. (hence the need to recoup the costs)

 

Regards

 

Andy

 

Thanks very much for that Andy - Wow we have 5 guests including Majic and 5 guests looking in - Hello everyone - how is sunny Reigate this afternoon?

 

Well I understand that perfectly and lets hope you are right and this wont be needed.

 

Mind you I wouldnt put anything past our friends at this point - nothing would be a surprise to me any more.

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:angel: Hello Reigate :)

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Newman.. stop sending invitations !!! you know you always get gate crashers :lol:

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4: Staying Calm About Debt  Read Here

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Emmmm 9 guests no known trolls, perhaps they've

all gone to the Thai.:madgrin:

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  • 4 weeks later...

Apologies chaps for lack of updating so here we are in one go

 

Well following submission of my defence and letter to the court requesting that they consider my offer of £50 a month towards the COsts order I received a letter from 1st Cr dated 30 Jan stating the following

We acknowledge receipt of your undated letter enclosing your defence in this matter

 

As to the costs awarded on 2 december 2011 any application to vary the terms of the order as to payment of those costs will be resisted

 

As of today I have had no response from the court regarding my request to pay £50 a month. I called the court and they have no idea why I have not received a reply.

 

As of the 31st Jan the case has now been transferred to a different county court and again no explanation has been given as to why - phone calls to the court to aslk why have not helped at all.

 

With the notification of the change of court the Allocation Questionnaire was enclosed which has to be back to the court by the 5th March.

 

So that was all fine until Last Friday evening when there was a knock at the door and guess what I received? A hand delivered statutory demand for full payment of the court costs of £1244.20!!!! A SD for £1244!! This is almost beyond belief really.

 

So today I have made a payment to 1st Cr of £500.20 taking the balance down to £744 and have sent them a fax offering six further instalments of £124 to pay the outstanding amount and for them to confirm the SD will be immediately withdrawn.

 

I made it clear in my letter that I was not attempting to evade the payment of the costs order but just asking for time to pay it.

 

You couldnt make this up you really couldn't.

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Make sure you report them to TS and the OFT via consumer direct for using the Insolvency Service as a means to collect debt.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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