DLC have issued a CCJ against me for Orange false debt

[AndyOrch]

Hi Tash

 

Have you made application yet? With regards to the above just store with all your evidence in preperation for a defence.

 

Regards

 

Andy

[suttontash]

Hi Andy, thanks for your email. I have submitted the form and attached a letter detailing and highlighting parts where they admit fault.

 

Hi Tash

 

Have you made application yet? With regards to the above just store with all your evidence in preperation for a defence.

 

Regards

 

Andy

[suttontash]

Hi Andy, thanks for your email. I have submitted the form and attached a letter detailing and highlighting parts where they admit fault.

 

Hi Andy, Can I sue Orange for all of this aggravation and stress?

 

Tash

[AndyOrch]

Aggravation and stress are difficult to quantify as loss but credit worthiness could be considered if loss has been suffered and can be proven.

[suttontash]

I have applied to the courts to have judgement set aside and wondered how long it takes to hear back from the courts?

Or should I call the courts and see what they say?

 

Thanks for any answers.

 

Tash

[suttontash]

Aggravation and stress are difficult to quantify as loss but credit worthiness could be considered if loss has been suffered and can be proven.

 

I have applied to the courts to have judgement set aside and wondered how long it takes to hear back from the courts?

Or should I call the courts and see what they say?

 

Thanks for any answers.

 

Tash

[AndyOrch]

Depends on the work load of the court...you will receive a response within 4 weeks.

[suttontash]

Hi all,

 

I have been given a date of 31st May for the court hearing and would just like to ask one question. I have read on this site that I should give Orange an opportunity to set aside with their consent, should I still give them the opportunity even though I have applied to the court?

 

Thank you

 

 

Tash

[suttontash]

Had the CCJ set aside yesterday as Oranges solicitors did not turn up for the hearing. They sent a letter stating they would not be attending and they consented to have the CCJ set aside.

 

I have to file a defence now and although I know what true figure I am claiming, the balance of the total money paid minus the money I agreed I owed, plus postage etc, can I claim for time spent bringing this to an end? Emails, letters, my father travelling down to Colchester to act for me as he has done throughout this case, attend in court?

 

Thank you for any advice.

[unclebulgaria67]

I don't know all the rules regarding applying for costs in this situation. The litigant in person rate is £18 per hour and then all your costs on top.

 

Work out all of your costs that you feel are reasonable and then compare this with the amount that is owed to Orange. Perhaps in this situation, it may be worth trying to negotiate for Orange to withdraw their claim, with some form of settlement to save wasting the courts valuable time.

 

If I were in this position, I think I would try to seek a negotiation with Orange to avoid the hassle of going to court and not being sure of the outcome. You could end up with a CCJ and no reimbursement of costs. Now the CCJ has been set aside for the minute, Orange may be willing to resolve this with you and withdraw their claim.

 

I think this thread is now more suited to CAG legal issues folder and will alert the site team.

[BRIGADIER2JCS]

Cost in a case like this can be asked for at the discretion of the judge who will decide what is fair and reasonable, so work out your figures on actual costs and if you are seeking damages because of detrimental effects on your credit profile personally I would ask the judge to decide.

[citizenB]

Thread moved to legal issues.

[suttontash]

Cost in a case like this can be asked for at the discretion of the judge who will decide what is fair and reasonable, so work out your figures on actual costs and if you are seeking damages because of detrimental effects on your credit profile personally I would ask the judge to decide.

 

Hello, orange and aplins do not seem bothered to answer my emails asking what their intentions are. Shall I file a defence against them as I want the ccj removed and not just set aside? Your advice would be welcomed.

 

Thank you

 

Natasha

[unclebulgaria67]

Hello, orange and aplins do not seem bothered to answer my emails asking what their intentions are. Shall I file a defence against them as I want the ccj removed and not just set aside? Your advice would be welcomed.

 

Thank you

 

Natasha

 

Yes you will have to do so on the presumption that they are still continuing.

[BRIGADIER2JCS]

Hello, orange and aplins do not seem bothered to answer my emails asking what their intentions are. Shall I file a defence against them as I want the ccj removed and not just set aside? Your advice would be welcomed.

 

Thank you

 

Natasha

 

Yes you must enter defence.

Also for a 'litigant in person' you can claim £18 per hour for time expended.

[suttontash]

Yes you must enter defence.

Also for a 'litigant in person' you can claim £18 per hour for time expended.

 

Thank you both for your replies I will send it off Monday by special delivery.

 

Tash

[suttontash]

Tried calling Aplins again this morning before I posted the defence and counterclaim off, yes I know I am too soft, and actually got through only to be told that I need to call an 0844 number which is DLC's number? Hello Aplins and Orange can't be bothered to answer my emails and then you get put back with dlc although its Aplins on the original summons? Oh well the form has been sent now even though I only claimed for £5.95 special delivery and its gone up to £6.22!!

 

Once again thank you for your help to date and more than likely in the future.

 

Tash

[suttontash]

Had an email from a different guy at orange saying the ccj had been taken off and no compensation would be given as the guy before had given compensation? Errr... no the other guy offered the 50% second payment back because of "the time I had tried to get a final figure to pay", that is not compensation that's an admittance of guilt.

 

At the moment I am £51 out of pocket and £31.20 for the defence and counterclaim. I have replied stating I want the ccj removed an we can discuss figures later........any input folks?