judge granted a time out order, but RCI legal team want £14k in costs

[griffiths5]

No doubt this to late for advice,

 

with out going into fine detail,

 

my daughter has been in dispute with them over a vehicle,

eventually it went to court to be returned,

 

Several problem with the agreement, unfair treatment, and faults on the vehicle,

 

The judge granted a time out order, but RCI legal team are now trying to recover £14000 in costs,

 

They want points of dispute on the till of costs, which is beyond are legal abilities.

 

She now a single mother, and has no money or assets.

 

 

They are aware of this but continue to persue her, It would seem Bankruptcy is the only option.

 

The car is worth less a clio 05 extreme.

 

I really do not know what to do she is totally stressed and unable to cope

[BRIGADIER2JCS]

I wonder why they are insisting on pursuing this, your

daughter has no realisable assetts and no prospect of

ever paying this enormous amount of costs, where do

they think the money is going to come from.

How much time has the judge allowed for this?

Really you musr assure her that there is little of any

consequence they can do, no assetts of any sort it

may be best to tell them to let a judge decide on this.

 

Prepare a financial statement I presume she is in receipt

of benefits as her only income?

 

Bankruptcy is a not an option as there are no assets of any

sort.

 

I am going to suggest that you write to RCI stating your daughters

financial status and requiring them to let a judge decide and copy

the letter to the court and also stating to the court that she does

not have the means or the knolwedge to be able to respond to their

demand for points of dispute.

[asokn]

You say the judge granted a time order (not a time out order ) was any provision made for costs? Is a hearing scheduled to assess the costs? It sounds like they have gone to detailed assessment but that is quite unusual in what appears to be a simple return of goods case.

 

What does their bill of costs actually state?

[Gaston Grimsdyke]

If their bill of costs is 14K it wasn't a simple ROG case. Clearly there must have been a full blown defended case which the OP lost at trial. If she doesn't file any points of dispute, they'll get a Default Costs Certificate for the full 14K. If she has no assets, she has nothing to be afraid of, they won't be able to enforce the costs order (or, presumably, the judgment they must have got against her at trial). She might want to consider making herself bankrupt if she wants to put it to bed.

[asokn]

If their bill of costs is 14K it wasn't a simple ROG case. Clearly there must have been a full blown defended case

 

That's what I was asking, without details of the case we won't really know where to attack the bill of costs.

[Josie8]

I( don't understand you saying that "Bankruptcy is not an option as there are no assets of any sort". You do not need to have assets to petition bankruptcy. Ifyou are addled with a large debt and have no assets some might argue that this is the best time to go bankrupt. That way there is no debt payment order for 36 months and if your circumstances were to change over time nobody can still pursue you for the debt.

[Josie8]

Thought

I wonder why they are insisting on pursuing this, your

daughter has no realisable assetts and no prospect of

ever paying this enormous amount of costs, where do

they think the money is going to come from.

How much time has the judge allowed for this?

Really you musr assure her that there is little of any

consequence they can do, no assetts of any sort it

may be best to tell them to let a judge decide on this.

 

Prepare a financial statement I presume she is in receipt

of benefits as her only income?

 

Bankruptcy is a not an option as there are no assets of any

sort.

 

I am going to suggest that you write to RCI stating your daughters

financial status and requiring them to let a judge decide and copy

the letter to the court and also stating to the court that she does

not have the means or the knolwedge to be able to respond to their

demand for points of dispute.

 

I( don't understand you saying that "Bankruptcy is not an option as there are no assets of any sort". You do not need to have assets to petition bankruptcy. If you have a large debt and have no assets some might argue that this is the best time to go bankrupt. That way there is no debt payment order for 36 months and if your circumstances were to change over time nobody can still pursue you for the debt. She may even qualify for a Debt Relief Order.

[asokn]

Getting back on track;

 

What does the order itself say about costs?

What does the bill of costs include?

What happened with the case itself that you've got yourself in this position?

[griffiths5]

Thank you for all the replies, Yes it was a full blown case, and a trail, it was lost, but the judge grant at time order under the consumer credit act. She is paying £30 as month as moment but it should increase to £123 at the end of this month. She will not be able to pay this amount, We did make an offer at the being of the case, but their solicitors wanted it fast tracked. My daughter then became pregnant and was not well, we had the trail delayed for 6months, The cost were resevered, but an order to pay the claimants costs by agreement and if not by detailed assessement. which is were it is now. I have wrote to them and will forward a copy to RC! I thought maybe the general manager, It really seems they are mad spending so much money out on a car which is worth no more then £1500