Yet another Lowel l/ BW LEGAL (Stat Demand/Bankruptcy order). Help please!

[42man]

You need to be cocksure about why it is only PART of your dispute....as you have already seen it is statute law in the Consumer Credit Act 74, but remember it is only part of your dispute. Highlight their failings in CPUTR2008 too (which is also statute)

[Floydian]

You need to be cocksure about why it is only PART of your dispute....as you have already seen it is statute law in the Consumer Credit Act 74, but remember it is only part of your dispute. Highlight their failings in CPUTR2008 too (which is also statute)

 

Perhaps I could have worded that better. As I understand if they know they have not got the credit agreement as I have never signed one and they now have a request, why would they even proceed?

 

Surely they know this would form part of the defence, which to me seems absolute.

 

Yes I will use all of my defence and I will be claiming costs and reporting them.

[42man]

The reason why is that they are hoping that you would either be frightened into paying or curl up under a rock and not fight. Make no mistake this is going to bite them in the behind. You MUST report this to the OFT too.

[42man]

If there is any sniff of a triable issue then a judge should dismiss, although as you can see on quite a few occasions it can come down to the judge on the day. Know your stuff, know reasons why there are many potential disputes. Incorrect default and subsequent termination notice ? illegible agreement ? correct terms ? cancellation terms on the agreement ? excessive charges ? PPI ? interest correct on the statements ?

[42man]

How to fill in Form 6.4

 

For (a) fill in your name and address

 

The section that states attend before the Registrar leave blank. This will get filled in by the court.

 

For (b)

on the hearing of an application by (b) (insert your name)

 

An application for an order that the statutory demand dated (insert date on the SD that you received from Connaught) be set aside

 

For ©

The grounds on which the applicant claims to be entitled to the order are set out in the affidavit of the applicant sworn on (insert the date that you hand the forms into the court).

 

For (d)

The names and addresses of the persons upon whom this application should be served are:

(d) (insert name and address of Connaught)

 

For (e)

The applicant’s address for service is: (e) (insert your name and address)

Cross out where it states (Solicitor for the) and just leave the word Applicant and sign and date the form.

[Floydian]

I have now sent in all the paperwork, I just hope I did it correctly. It has been sent to the court by hand and was stamped, just waiting for a date now.

 

How do I go about costs on the day? Any other info that would be helpful taking this case on? What to say etc? Will the lowlifes turn up usually?

 

After this I am reporting them to all and sundry No credit agreement or basic paperwork and they are issuing stat demands to people!

Edited September 27, 2012 by Floydian

[Floydian]

Oh and I have not received any word about my CCA request, not even a nice letter telling me they received the request. The 12+2 has expired.

[42man]

Your costs have to be sent in so they are in the court files at least 7 days before the hearing, but wait until you get notification of the hearing - costs help here - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons

[Floydian]

Thanks for that, I have taken a look at the thread but would like a few points clearing up.

 

Ok, so I send in the costs seven days before the hearing. Is the template on that thread the one you use to send into the court by hand? Is that enough? Do I send a copy to the solicitors of BG LEGAL/LOWELLS? Do I need to attach receipts?

 

Do NOT want to mess this up, they deserve having costs awarded against them and I do not want to screw up. Sorry if I appear a little dumb but this is completely new to me!

 

THE TEMPLATE (Obviously I will edit closer to the date)

 

Costs For set aside Application Case No xxx

xx Court xxx April 2008

 

Rate Claimed Litigant in Person rate of £18 / hour

Travelling Costs HMRC Approved Mileage Rate of 40p / mile

 

1) Time spent identifying and understanding relevant legislation.

Time spent identifying and understanding relevant case law.

Time spent preparing affidavit and skeleton argument.

 

18 hours @

 

2) Time spent communicating with Respondant and swearing affadavit

 

2 hours £36

 

3) Loss of day’s wages for attending court on xxx April 2008 £ 80.00

 

4) Travelling costs for return journey to court 2 x 20 miles £ 16.00

 

Total £281.00

 

Notes

 

Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £170/hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

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 where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

 

After this OFT and all.

Edited September 27, 2012 by Floydian

[42man]

You do a sheet entitled LITIGANT IN PERSON COSTS price up how much research you have done, costs of letters, etc etc...

[42man]

Make sure you know what is being said in the demand and why.....you need to show the judge how angry and upset you are at having to deal with this...

[Floydian]

Today Hamptons, Lowells friends claimed they have sent me a copy of the agreement. I think its almost laughable for obvious reasons but let me know what you guys think.

 

http://i1171.photobucket.com/albums/r552/Floydiansfiles/cca2006_zps29ea3924.jpg

Edited October 17, 2012 by Floydian

[42man]

That could be for anybody......and does the interest rate match with the statements ?

[Floydian]

I have blocked out my name and address (typed) for security.

 

The interest would be 0% unless you took other terms when you purchase separate extended terms I believe.

[42man]

Did you open the account online ?

[Floydian]

I did in 2006.

 

Does this change things?

[42man]

In which case all they need to provide is a tick box.....I think you should look at your original dispute too

[Floydian]

--

Edited October 17, 2012 by Floydian

[42man]

Hmmm I wonder how relevant it could be to the judge though....

[Floydian]

--

Edited October 17, 2012 by Floydian

[Floydian]

Ok, how do I procede now?

[42man]

You can certainly query the tick box.....and don't forget you have a combination of points which you should dispute (including your original dispute)

[Floydian]

It seems very easy to bypass the 'true copy of the agreement' if all they need to do is print off a template with the terms and conditions for that month and year, and thats proof an agreement exists.

 

I know littlewoods normally ask you to return a signed copy.

 

Oh well, thats one of my disputes shot down then, hope the others are as solid.

[42man]

It is unfortunately....before 2004 you needed a signature. But then this act came into force - http://www.consumeractiongroup.co.uk/forum/showthread.php?152384#post1618550

[Floydian]

So in a worse case scenario if I do not get it set-aside. Am I in for loads of costs? Also what happens if I do lose as in terms of how quick they can ask for the money?

 

Do they go for bankruptcy?