lowells statutory demand - **SUCCESSFULLY SET ASIDE - PLUS COSTS ** CHEQUE RECEIVED NOW **

[Guest]

what did you end up having to do re that 'amendment'?

[d33]

i just had to state reason for being late to set aside on the statement, which i didnt do before

[Guest]

i just had to state reason for being late to set aside on the statement, which i didnt do before

 

ok, via an additional witness statement?

[d33]

yes thats right.

Can anyone advise me on how i should prepare for the hearing? ive read various aother threads, but im not 100 % clear

[Guest]

re lateness, re whatever you said on form for that. ie date received, extra form told to do, etc

once lateness accepted (if), then on to reasons for set aside. ie ready to expand on, and answer any questions on, what you said on form, and anything else, in consideration of reasons to set aside. ie counterclaim, and/or triable issue etc.

take copies of any relevant docs.

ask for your reasonable LinP costs if sd set aside.

note, they might approach you before court to come to some arrangement, up to you.

Edited December 1, 2012 by Ford

[d33]

Hi, I think you misunderstood what I had written, reason for lateness has been accepted which is why I have a set aside hearing date. From what I have read on other threads, and the fact Lowells haven't responded in any way to my cca request etc, I don't expect them to turn up to the hearing. I just would like to make sure iam prepared for the hearing. From what I can gather I need to summarize what I have put in statement quoting case law etc, is this true or will the judge just read the statement and make adecision?

Edited December 13, 2012 by 42man

[Guest]

Hi, I think you misunderstood what I had written, reason for lateness has been accepted which is why I have a set aside hearing date. .........?

 

hopefully. but don't be so sure. reasons for lateness could be heard at hearing, as in another sd thread where lateness was explained on form prior, hearing set, and it was held at hearing to be out of time, the given reasons being not accepted. #143, 145 etc here http://www.consumeractiongroup.co.uk/forum/showthread.php?353505-Recieved-SD-from-Hamptons-Lowell-portfolio-l-LTD/page8

Edited December 2, 2012 by Ford

[d33]

Okay, just read that. But when I received my paperwork back. I received a separate sheet entitled 'order extending the time to apply to set aside a sd' with judges name etc upon application,...... And uponreading the evidence it is ordered that time be ordered to set aside extended to The date when I handed it in. Any evidence in opposition to applications. Must be filed 2 seeks before etc.

[d33]

if i ring the court can they tell me if any opposition evidence has been filed, as the date has now passed?

[Guest]

Okay, just read that. But when I received my paperwork back. I received a separate sheet entitled 'order extending the time to apply to set aside

a sd' with judges name etc upon application,...... And uponreading the evidence it is ordered that time be ordered to set aside extended to The date when I

handed it in. Any evidence in opposition to applications. Must be filed 2 seeks before etc.

 

ok. you didn't post up that order before! presume then that was sent after you did the additional WS? so, you should (will) be ok then re lateness.

Edited December 2, 2012 by Ford

[d33]

Yes that's right it was. Thanks for your help

[Guest]

in will lliw's thread there didn't seem to be any such order either way prior to hearing.

anyway, yes can give the court a call.

[d33]

I have faxed over my costs to the court, they said i should also send a copy to lowells, is this correct?i didnt really want to give them warning that i am claiming costs against them, it might make them more likely to turn up!

[42man]

You seem to be doing fine d33....it is up to you whether you want to fax costs to the court, this is the only time in an SD case where this has been mentioned.

[Guest]

d33

footnote. be minded to also mention, if required, 'dispute' re cca request made prior to the sd to previous creditor, and therefore had to do another one to current creditor (in a recent sd thread, J said a cca request after the sd would not be sufficient re set aside (i presume in that case this was where there was no other record of any 'dispute' prior)

Edited December 15, 2012 by Ford

[d33]

Hi, just reporting back pleased and relieved to say i got demand set aside and they also have to pay me £135 in costs, calculated as 90 for wasted day off travelling to the wrong court, 10 for travel expenses on that day and 35 for the set aside fee. I did ask for 400 on my costs schedule.

 

 

I was fairly confident things would go my way even though i am usually the type of person who expects the worst. I turned up to the court not feeling very fresh and alert as i had a late night out in london, had tickets for an event i really didnt want to miss. but made sure i turned up to the court an hour or so early, prepared myself, was introduced to the opposition solicitor ( i really didnt think they would have one), she introduced herself handed me a piece of paper stating that they would be withdrawing the demand on condition i didnt ask for costs, asking me to sign, which i refused sensing i had them on the rack, and from my experience of various other threads i have read on here over many hours !

 

 

the judge who i would say was 75% on my side with the case i presented, agreed they were completely in the wrong how they presented the demand ie wrong date, wrong court etc, but at the same time i should have sent cca request etc before sd was issued, i shouldnt have just ignored them,as the letters they had sent could be construed as deeds of assignment, and they dont have to have cca 'a piece of paper' in the judges words, apparently dca's are assignees and dont have to hold all of the paperwork. also said 'what else are they supposed to do to recover a debt'?

 

my mind went blank when i was asked about whether i had responded to any of the letters they had sent me after the last year or so, completely forgetting that i had cca'd either them or one of their associate firms on this debt around 2 years ago, if i had remembered to mention this at the time i would probably have been awarded full costs, but in the end i knew i was getting the set aside and some costs so quit while i was ahead rather than argue with the case law i had researched as i had klittle more to gain.and was happy with the result.

 

thanks guys for your help, i really dont know what i would have done without your help and support and the knowledge i have gained from reading through other peoples experiences proved to be invaluable

Edited December 15, 2012 by citizenB

[d33]

ahh just read your last response ford, how right you were....

[Guest]

well done, excellent result

Edited December 15, 2012 by Ford

[Guest]

ahh just read your last response ford, how right you were....

 

soz, i should've posted that info up earlier! (didn't know when you were in)!

Edited December 15, 2012 by Ford

[citizenB]

Excellent - have amended your thread title.

[42man]

A great result.......very well done

[42man]

What you MUST do now....is notify the Office Of Fair Trading, drop them a summary of your story....

[d33]

Okay I will do, thanks again

[d33]

I'm still waiting for the costs, they were given until 7th jan. I'm seriously considering getting a warrant of execution, to enforce payment..I sent emails and spoke to 2 different representatives over the last week, one of whom seems to of just gone on holiday and left it. From what I can see it is 100 pound to get the order enforced, does anyone have any idea of thesort of time his would take to settle if I do this?

[citizenB]

Write to them with a copy of the judgment and confirm that if the awarded costs arent with you in X days then you will take further action, the cost of which will be added to what they owe you.