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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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Recieved SD from Hamptons, Lowell portfolio l LTD


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because no one has posted on it for the last 3981 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

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Thanks

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You will find this thread useful, but what you have to be prepared to show a judge how angry and upset you are at having to deal with this....you must try and read through this and understand what is being said - http://www.consumeractiongroup.co.uk/forum/showthread.php?355482-SD-from-Lowells-via-Hampton-Legal-for-CAP1-card-debt-HELP!!&highlight=lowells

 

You should also get some inspiration from this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?334524-Lowell-portfolio-served-me-SD-HELP!!!-***-WON-FULL-COSTS-***&highlight=lowells

 

And this one too - http://www.consumeractiongroup.co.uk/forum/showthread.php?349081-Lowells-Hamptons-SD-***-WON-WITH-COSTS-***&highlight=lowells

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Here's the two letters I recieved today, posting following reading your links above thanks!!

 

Abuse the insolvency service! They are giving me a further 14 days to pay the reduced amount ontop of the SD time limits! That could be interesting if they petition before then??

 

POST SD 2.pdf

POST SD 1.pdf

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I know I made a big mistake ignoring this so long, Its woken me up I can tell you. I hope at the very least that this thread serves as a warning to others that they must apply to set aside any Hamptons legal SD before the dust settles below the post box!

Edited by will lliw
removing stupid questions
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Ok.

 

ive caught up with you a bit 42man, I see what your saying about the out of time demand, by that do you mean a CPR to Hamptons and if I do that they are just going to petition for bankrupcy correct? cue palpitations!!

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NO!!

 

I have been a fool and failed to take note of the opinions here, have just recoverd from a serious case of head in sand syndrome despite 42mans warnings weeks ago!

 

I dispute the Debts untill I have oppurtunity to view the original agreements etc and I am as mad as hell that Lowells are abusing the insolvency regs like this, I honestly cant believe a petition for bankrupcy can be made before a CCJ is obtained!

 

Today I have prepared SAR's for the OC's and a CCA for Lowells and they will be sent tomorow by recorded delivery. I am a bit worried about sending Lowell's a SAR directly and not even sure its worth it as the SD time limit has expired. All I know about bankrupcy is what I have learned today and i suspect my only salvation may lie in a notice of opposition but lets not jump to far ahead yet. Over the weekend I hope to complete 6.4 and 6.5 ready for monday morning, hopefully I can pull this back around, hopefully and if not kiss goodby to my redundancy pay because im not losing my house over this although JSA will not pay my mortgage and work as we all know is like rocking horse s#&t!........... Signing on next week aswell :|

 

I intend to attempt to present my set aside application to the court in person on Monday morning but I am sruggling to put in words why I have delayed doing this since I have had the SD for weeks but not entirely sure when it was served as explained at the start of thread. The last few weeks have been pretty stressfull tbh but the help here really takes the age of the stress!

Edited by will lliw
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The most important thing is to to get your 6.4 & 6.5 forms into the court.

 

Explain that the SD was delivered in a brown envelope with a hand written name on it. Also let them know in no uncertain terms that the date on the SD was 3 weeks previous to delivery and that you had no time to rectify it. Also explain that you only realised that it was genuine, when you received your letters today.

 

I would write to Lowells explaining that their SD service was very suspect and that you are applying to the court to have it set aside. Also let them know that you will be complaining about their actions to the OFT, objecting to their underhand tactics and that you are going to dispute their fitness to hold a credit licence. Also advise them in this letter that you dispute these debts. Send this letter first class registered post tomorrow. Also let them know that you are sending an SAR to the OC.

 

You can also put a CCA request in the same envelope to lowells.

 

An SD can be issued for undisputed debts, but you only had to dispute it weeks ago and you would not be in this possition.

 

Then send your SAR to the OC.

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Will,

 

The other point is that have you received a notice of assignment for these debts. That will be a letter from Lowells and the creditor advising you that the have purchased your debt. If not, request these notices in your letter to Lowells. You need to know that they are able to collect and make them prove it.

 

This is from another thread.

 

16. ASSIGNMENT OF RIGHTS

here any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. This requirement is in new section 82A of the CCA43.

 

It is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower.

 

Notice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given.

 

here notice has not been given, and arrangements for servicing the credit do subsequently change, the borrower must be informed of the assignment on or before the date that change happens. Again, this must be readily comprehensible to the borrower.

 

The definition of “creditor” in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

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Thankyou Vint, I badly needed your posts so so much today and I thank you and everybody here for your patience and understanding. I am going to make a donation to cag tonight as soon as I get these letters written, I think you guys n gals deserve it!

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Thankyou Vint, I badly needed your posts so so much today and I thank you and everybody here for your patience and understanding. I am going to make a donation to cag tonight as soon as I get these letters written, I think you guys n gals deserve it!

 

I would save your cash until you have some to spare. Advice here is freely given.

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I would save your cash until you have some to spare. Advice here is freely given.

 

just the thought of spare cash makes me :smile:. I appreciate all the great free opinions and even the not so great free opinions some folk have!

 

I will donate at some point as I want to help with the costs of running this place and would hate to see banners everywhere!

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Good morning Vint, 42man and everybody else ofcourse!! This morning following a dodgy nights sleep I finished my letter of dispute to Hamptons plus the additional CCA and will go post it shortly by recorded along with SARs for the OC's, wouldnt mind a wise eye to look over the hamptons letter first though if thats ok or maybe nessacery as wouldnt want to make a silly error at this stage?

 

And I would like to say agian thanks for your patience, I know ive been silly not dealing with this sooner, never again will I make that mistake.

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Heres a second draft of my statement, still got some tidying up to do i think.

 

 

The defendent disputes the debt in full.

 

On the evening of 31/5/2012 I returned home to find a brown envelope had been posted through with no postage mark or address on it and just my name written in blue biro, I wrote the date upon the envelope in red biro for future reference.

I opened the envelope to find a letter with documents stapled to it claiming to be a statutory demand and all dated 8/5/2012, these documents were all dated some three weeks prior to being posted through my door and this left me confused as to the validity of these documents and left me no time to address the issues presented to me in the claim.

 

On the 6/7/2012 I recieved two more letters from Hamptons legal, one for each of the debts claimed in the statatury demand, warning me they intended to petition for bankrupcy within 14 days should I not agree to any of the terms provided to settle the debts that they allege to be liable for, it was at this time I realised the previous statatury demand may infact be genuine but it still left me in some confusion as to the date and service.

 

I immediatly wrote to Hamptons legal in order to inform them that;

 

A. I dispute the claims and I require all documents relating to the claims pursuant to s.77/78 of the Consumer Credit Act 1974. I require Lowell to provide me with a true copy of the credit agreements relating to the alleged debts, together with any other documentation including the notice of asignments that the Act requires them to provide. In addition to this and in order to further determine the facts I have written subject access request letters under CPR 31.14 to the original creditors named in the Statutory demand.

 

B. I have also informed the claimant that the validaty of the Statutory demand is questionable due to the unknown date of service and that this has caused me great distress and anxiety, as a result I intend to to complain to the OFT about the conduct of the claimant as I believe they are employing under hand tactics and are clearly contradicting the debt collection guidance issued by the OFT that states Statutory Demands should not be used for debt collection purposes and due to both of these underhand tactics the claimant is not fit to hold a credit licence.

 

The defendant avers that the claimant is committing a gross abuse of process by not having made any attempt at any kind of personal service and simply posting the demand without a postmark or date. I refer to the authority of

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

 

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly.

In light of the frivolous nature of this demand the defendant gracefully requests the judge dismiss the demand and in light of the distress to myself and my family at having to deal with this the claimant request the judge grants costs in the defendants favour (in the indemnity or standard) I refer to -

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection. the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

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strange

offering discounts on debts they are so confident of they send an SD..........

 

your cra file will tell you the status of your debts

 

noddle is free see below.

 

get that SD set aside etc done though ASAP.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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strange

offering discounts on debts they are so confident of they send an SD..........

 

your cra file will tell you the status of your debts

 

 

noddle is free see below.

 

get that SD set aside etc done though ASAP.

 

dx

 

Yes dx, it is odd and leads me to believe Hamptons are ethier bluffing, grossly incompetent (highly likely) or trying there luck and clearly using IL to debt collect against the OFT's guidlines.

 

Does my statement look good enough to put infrontt of a judge?

 

 

Thanks for noddle, just tried to register but failed as they couldnt verify my id, prob somthing to do with not been on the electoral register as I didnt sign it last time out of protest over the current polotical sate of affairs in this country. See what happens when you take a moral stand in this fine democratic country of ours!

Edited by will lliw
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Filling in the set aside application now, silly question but in part d is it lowells or hamptons that should be put down to be served?

 

And also realised my statement is crap and at best ill prob get an adjournment????? Really need some help with this if anybody has the time for me.

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umm, the more threads I read I start to wonder perhaps this might be statued barred after all and heres me still talking to myself, wish I wasnt so thick!!!

 

Ok, still thinking about my statement, reasons to have this set aside all assuming the court doesnt reject my application if that kind of thing goes on....

 

 

  • Documents in particulars of claim not served with SD
  • No attempt at personal service of SD
  • No evidence for process server posting SD by hand
  • IL being used by Hamptons yet again to debt collect in opposition to OFT guidelines.

Edited by will lliw
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Heres my final draft that will going to the court tomorow, can somebody please have a look over it please. ALso struggling to determine the date i was served for the 6.4.

 

 

 

 

 

The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim. It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, which is likely to include penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate, W.F.Harrison and Co Ltd v Burke [1956].

 

The defendant requires sight of the notice of assignment of the debt. In addition the defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears this is an assigned debt. the reason the defendant requests this information is inter alia to clarify the dates are correctly stated on all documents , the defendant notes that if there are errors in the assignment it may be rendered in effectual in law per W F Harrison and Co Ltd v Burke and another - [1956] 2 All ER 169

 

 

 

On the evening of 31/5/2012 I returned home to find a brown envelope had been posted through with no postage mark or address on it and just my name written in blue biro, I wrote the date upon the envelope in red biro for future reference.

I opened the envelope to find a letter with documents stapled to it claiming to be a statutory demand and all dated 8/5/2012, these documents were all dated some three weeks prior to being posted through my door and this left me confused as to the validity of these documents and left me no time to address the issues presented to me in the claim.

 

On the 6/7/2012 I recieved two more letters from Hamptons legal, one for each of the debts claimed in the statatury demand, warning me they intended to petition for bankrupcy within 14 days should I not agree to any of the terms provided to settle the debts that they allege to be liable for, it was at this time I realised the previous statatury demand may infact be genuine but it still left me in some confusion as to the date and service.

 

I immediatly wrote to Hamptons legal in order to inform them that;

 

A. I dispute the claims and I require all documents relating to the claims pursuant to s.77/78 of the Consumer Credit Act 1974. I require Lowell to provide me with a true copy of the credit agreements relating to the alleged debts, together with any other documentation including the notice of asignments that the Act requires them to provide. In addition to this and in order to further determine the facts I have written subject access request letters under CPR 31.14 to the original creditors named in the Statutory demand.

 

B. I have also informed the claimant that the validaty of the Statutory demand is questionable due to the unknown date of service and that this has caused me great distress and anxiety, as a result I intend to to complain to the OFT about the conduct of the claimant as I believe they are employing under hand tactics and are clearly contradicting the debt collection guidance issued by the OFT that states Statutory Demands should not be used for debt collection purposes and due to both of these underhand tactics the claimant is not fit to hold a credit licence.

 

The defendant avers that the claimant is committing a gross abuse of process by not having made any attempt at any kind of personal service and simply posting the demand without a postmark or date or any evidence of service in the form of a statement to that affect from a proper licenced process server. I refer to the authority of

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

 

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly.

In light of the frivolous nature of this demand the defendant gracefully requests the judge dismiss the demand and in light of the distress to myself and my family at

having to deal with this the claimant request the judge grants costs in the defendants favour (in the indemnity or standard) I refer to -

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection. the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

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