andrew hart/paydayoverdraft claimform - Payday Loan Problem

[renegadeimp]

There's usually a few under each owner. One guy has 9 registered to him, but through various sub companies and different bank accounts.

[katysue]

Another twist in the story:

 

Got a letter frrom the court this morning saying that the claim had been "struck out in error" and the case was still going to be heard on original date (2 weeks away).

 

Argggggggggggggggggggggghhhh.

[sillygirl1]

That does not sound right, I would call the court first thing on Monday and state that you object to the claim being reinstated as it has no merit.

[katysue]

I have to file all the documents by Thursday!! And i have a work committment on the hearing date now. This sucks. Back to square 1...

[renegadeimp]

Not back to square 1 yet. Contact the court and tell them as sillygirl suggested. IF they are adamant, then you could get it scheduled for another day.

[sillygirl1]

Let the court know that you are not available, after all they are the ones messing about, you must state on the phone to them that you are not available and need more time to reorganise your defence and due to the original strike out you need a different court date.

 

This is putting a lot of unnecessary pressure on you and again you need to get this info to the OFT asap.

[katysue]

I've already submitted everything to the OFT but i will write a follow-up on Monday. I know i'll be ok but cant bare all the back and forth! I thought it was a bit too good to be true.

[renegadeimp]

You could always claim damages if you win after all this messing around.

[katysue]

I'll be ok once i get into the right mindset again!

[citizenB]

Will remove the previous amendment to your thread title.

 

Do you have the first General Order Letter advising that the claim had been struck out. What exactly does this recent letter say. You usually get the option to object within a period of time.

 

This seems very unfair, if you had thought you did not need to prepare for court and now you do.

[katysue]

It says "The above mentioned claim was struck out in error, therefore the hearing on X X will take place as per order dated 20thFeb 2012. A hearing fee of 165 is payable by 3rd of May from Claimant, please see amended order@

 

I think i will call the court on Monday and see what the situation is. The thing is, I think that they would probably let me reschedule because of the error. Buut i don't know if i want this hanging over my head any longer. I would rather just get it finalised on the date in a couple of weeks. I just don't understand how a case can accidently be struck out!!!!

[citizenB]

I dont see how it can be accidentally struck out either, TBH..

 

It would appear that it depends upon the Claimant paying the £165.00 so you will need to check with the court that this has been done. Although it would appear you arent able to rely on the accuracy of any statement coming from this court !!

[katysue]

He will pay it - if it's got this far, why wouldn't he! I don't really know why he thinks he's got such a strong case; I've repaid over 3 times the amount borrowed, he's claiming a further 10 x the loan amount on the basis that i haven't paid anything at all!

 

Can anyone help me with how i would claim for costs if the judgment is against him? I'm sick of all this unecessary stress, having to rearrange my work schedule to accommodate the court date (twice), having to spend my evenings trawling through the endless mindless twoddle this cretin (IMO) sends me.

[citizenB]

An example of wasted costs in the link below.. post # 88

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?313730-Nelson-Guest-Wescot-County-Court-Claim-***discontinued-with-wasted-costs-***&p=3580123&viewfull=1#post3580123

 

An LiP's time is now costed at £18.00 per hour.

 

You can claim for paper/ink/photocopying/postage/travel/research

[katysue]

I spoke to the Court this morning. It was struck out in error because an admin person "put it on the wrong list". If i want to change the date, i have to make an application to the judge. She said it would be "unlikely" that the date would be changed. To be honest, i think it is just easier to proceed with the original date.

[katysue]

Also, for my peace of mind, i wondered if anyone could help me: if the absolute worst happened and the judge ordered that i have to pay him 2.5k, how would that work? Would the court asses my income/expenditure to reach a repayment plan? Or do they just order that it needs to be paid?

 

I have no assets, and am in a DMP. I'm just concerned that if the very worst happens and the judge orders against me, i won't be able to continue that DMP with my other creditors and that would mean bankruptcy.

 

He seems to think that he can force bankruptcy and charge me 750 for the pleasure and still somehow get his money back. This is surely not possible if i have no assets, no savings, or anything?!

[renegadeimp]

Submit a simple defense and provide the Jude with your income and expenditure plan. Also let them know you are in a dmp. The judge won't order more than you can afford. If you fant afford it or there's a risk of bankruptcy, they may even wipe charges off, or say to pay a pound a month.

 

Ignore what the pdl guy says. The judge works within the law and takes your info into consideration. When you go to court, make sure you tell him what the pdl guy has been saying. If you have it in writing, that's even better.

[katysue]

I have all of his strange emails, including several sent after the court proceedings where he tries to come to a private arrangment with me (is this abuse of process?) . I have all my bank statements showing the payments made. I have the email from Twitter when the weirdo tried to follow me.

[renegadeimp]

You really need to let a judge see it and inform the oft.

[katysue]

I have to submit everything by Thursday anyway. Do the judges look at the evidence in advance of the actual hearing?>

 

As always, thanks to everyone for your help.

[renegadeimp]

If in doubt submit everything. That way there's no comeback on you. Also remember you get your chance to tell a judge what's happened, so you can be sure he gets to see the paper trail.

[katysue]

SOrry, FINAL question: do i have to send copies of all the docs i am disclosing to the Claimant? And do they need to send all the documents they are disclosing to me?

[katysue]

Hi guys. I have to submit all my disclosure stuff by Friday. Does anyone see any merit in my including copies of the original posts from people with the same issue with this company? There seem to be around 6 or 7 now. I thought it might just show that this is his modus operandi.

[sillygirl1]

He is trying to scare you into believeing his debt is priority because HE started the bankruptcy issue, in fact his alleged debt is the least of your debt worries.

 

I would definately include the other threads on him as evidence that he uses the court for 'unjustified financial gain'.

 

Of course he may NOT pay the claimants fee to the court on time and then try to trick you into believing the case is still valid, if that happens then you need to get some serious weight behind a counter claim.

[coledog]

I think that one problem with Hart is the horrible agreement he has forced you into - as I remember from previous cases, this is not your normal Payday loan agreement and he could use this against you depending on the judge! The complaints and harassment definitely go against him though

 

Do you have someone to go to court with you?