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dmb248

CCJ against me...never recieved a claim to defend!! -*** HOWARD COHEN DISCONTINUE **

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I think, then, the point they are making is that you did not approach them for costs before issuing an N252.

 

I think you should counter that your action was fair given that they had taken to presume each side to bear their own costs – they clearly had no intention of paying costs, therefore it was only fair and reasonable that you should proceed to N252. Say this in your counter offer.


“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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That is the way that I have seen it Donkey and have alluded to that in my correspondence (which I intend to send today as I am out of the country for 10 days)

 

Under CPR I understand that once they make an offer I have 21 days to counter? So what is the process once I submit this offer, which although I won't say in the letter is a fair and final offer. How long do I wait for as response and can I then enfore the N252? or do I then only have the option of spending £300 for a hearing?

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If they refuse your offer, you have two choices:

 

1. You give up, and you get no costs.

 

2. You spend the court fee and go to a hearing, but you have a (small, IMO) risk of losing.

 

Give them 10 days to respond, and see what’s waiting on your return.

 

Did they respond formally to your N252, ie. statement of truth, etc?


“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

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Nope they just sent a letter in post #82 and the only valid point raised was that I was awarded my applicatioin fee after winning the Set Aside (at which point they knew they didn't have a valid case) it wasn't part of my Bill (only the time spent and travel) and I have taken that on board and reduced my Bill by 25%.

 

Why would I have a small risk of loosing? Because I didn't send my bill of costs without an N252? as I said in post #100 they made an offer of own costs knowing dam well that they were liable as their abuse of the process took it to a stage where a DJ ordered Fast Track, with no intention of paying any for my wasted time.

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Well, yes, there’s always a risk of losing.ut I think your next step has to be to counter offer with what you will accept.


“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

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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So basically as they did throughout this whole saga are trying to batter me into submission because although they eventually used all of the rope to hang themselves they are offering a stupidly low amount for the work and wasted time that I have found myself spending on defending against these goons who have abused both the CCA, OFT guidelines and the court process!!

 

Well I have a decison to make then... they have offered an unacceptable £100.00, I having taken into consideration the point raised re: set aside am at £274.00!!

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