Lloyds TSb and Lowells SD Served***Set a Side***

[citizenB]

I have removed the last sentence, which it has been confirmed is not relevant to you.

 

Please read through the draft carefully to make sure I have not made any errors - add any dates and £amounts that I have left blank. Check your mentioned attachments are in the correct place due to my shifting paragraphs around. Then.. it is good to go. Do remember to provide sufficient copies to the court ( I think that is 3 complete sets - one for the court, one for the Respondent and one for you). Also make an extra copy for yourself, which you wont need to take to the court.

 

 

 

[gazbo34]

Update time :- Filed my set aside last week and woke up this morning to a letter from the court and i'll paraphrase here but the gist is :-

 

We've received your set aside and you wont be given a date immediately, it will first be referred to a district judge, if he/she considers your application shows no cause for setting aside it may be dismissed and you will be informed.

If the district judge does not dismiss your application on this 1st consideration you and the judgment creditor will be sent a time and date when the application will be reconsidered.

So i will let you know when i hear something.

Cheers

Gazbo

[KenHo]

I received an identical letter after my application. A few weeks later I received a court date, which was about 7 weeks after that. This seems to be a standard letter which is nothing more than an acknowledgment and nothing should be read into the form of words.

[gazbo34]

Update time :-

Not heard from the court yet but did get a letter off BW today (dated 20/11/2013) which has a case number and hearing date and time and attached is a Notice of Acting (new one on me!!!)

Will keep you all updated

 

Gazbo

[SUNDERLAND1]

hi gazbo, i would imagine a letter from the court is in the post. I am currently helping my ex with a SD issued by the same people around the same time as yours, we handed the set a side paperwork in and told the court the ex was away from home 11/11/13 until 22/11/13, guess what she got back home friday evening letter from court post mark date 7/11 must have arrived on afternoon of the 11/11 but she went away on morning. Court date is in 2 days time on tuesday really annoyed about this. She has also had the notice of acting letter from BW. However she never recieved a court letter like the one you refer to in post 27.

[gazbo34]

Hi sunderland1, good luck with your set aside tomorrow (got my fingers crossed for you) keep me updated how you get on, gonna pop over and have a read of your thread now

[gazbo34]

Update time

 

Hadnt heard from the court so called in on Friday, was told they had sent me a letter out in early December and that my set aside hearing is now confirmed for the 14th January (Good job i Checked !! )

 

As usual ive got a couple of questions !!!!!

 

Not heard from Lowells if they have found my CCA, do they have to inform me if they have found a copy of it as stated in one of their previous letters or can they just turn up at the set aside with it ?

 

I havn't currently found a payment that is more recent than 6 years ( although still got over 2 reams of paperwork to get through !!! ) Can I ask Lowells to prove that the debt isnt SB and if so should I set it in motion now or at the set aside ?

 

After going through some of my old paperwork ive noticed that when Lloyds opened this C/Card they closed and amalgamated 2 of my old c/card accounts and the outstanding balances were transferred onto this new c/card so can I ask for the CCA's for these 2 old accounts ?

 

After going through some old statements have found a load of fees and charges, can i add interest onto them ( if so is it still 8% APR on the compound interest spreadsheet) ?

 

What are the going rates for a LIP , how do you calculate an imdemnity award value and do they need to be at the court beforehand or do I take them with me ?

 

Thats it for now, am off to start reading up again onS78's etc etc

 

As usual any help or advice is greatly appreciated

 

Gazbo

[gazbo34]

Hi guys and gals,

 

If anyone can have a look over the following and let me know what you think :-

 

Costs For Set Aside Application Case No xxx

 

Rate Claimed Litigant in Person rate of £18.00 / hour

Travelling Costs HMRC Approved Mileage Rate of 40p / mile

 

1) Time spent identifying,researching and understanding relevant legislation.

Time spent identifying,researching and understanding relevant case law.

Time spent preparing set aside and defence arguments.

18 hours = £324.00

 

2) Time spent attending court to file set aside

1.30 hours = £ 27.00

 

3) Loss of day’s wages for attending court on 14.01.14 £ 80.00

 

4) Traveling costs for return journey to court 2 x 9 miles £ 7.20

 

Total £438.20

 

Do I need to add any notes and make any mention of case law eg, Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch) and Mr Justice Warrens comments ?

 

Do I just hand them in at the court and is it still 3 copies needed ?

 

Thx in advance

 

Gazbo

[Guest]

re earlier q's

they should tell you, but note that they might just end up turning up at ct with docs.

did you mention SB in your application? if in issue should've done. but may be able to mention it in your statement, or in court?

i think a new agreement would be required re different new card/transfer so that would be in issue, but if not then can request the old ones if they turn out to be relevant.

 

BUMP for further input

Edited January 9, 2014 by Ford

[gazbo34]

Quick bit of advice needed re costs, do i need to hand/fax them into court tomorrow (day before my hearing) or as I mentioned costs in my set aside can I just take them with me ?

 

As always, any help/advice appreciated

 

Gazbo

[gazbo34]

Well tomorrow is the big day and have currently got information overload !!!!

 

Have bullet pointed what I intend to rely on with no CCA being the main one but in case they do pull a rabbit out of their hats have some other points too !!!

 

1) Failure to comply with s78 request

2) No statements to show how the sums said to be payable are due and if theirs any PPI and/or excessive charges

3) No valid default notice in the prescribed form was sent

4) No notice of assignment has been correctly served

5) 2 c/cards were amalgamated onto this account so CCA request for them

6) Clearly there are triable issues due to lack of proper documentation

7) Reference to Mr Justice Warren and Judge Boggis

8) Read up on Waksman Judgement (Carey v HSBC) in case they bring a reconstituted copy

 

If any one can think of anything ive missed feel free to give me some reminders

 

Cheers

 

Gazbo

[citizenB]

gazbo, apologies.. I only just received your S.O.S I think you have everything covered. Best of luck and please let us know how you get on.

[gazbo34]

Off to court so fingers crossed, will advise how i get on later

 

Quick double check, is it ma'am or madam if its a female judge?

[AndyOrch]

Ma'am...best of luck Gaz

 

Andy

[gazbo34]

Update Time :-

 

:whoo::whoo::whoo:

 

Stat demand set aside, will put more info up later but a big thx for all help and advice received.

 

Goes without saying that another donation is on its way to the forum

Gazbo

[fkofilee]

Amazing!! Was it quick?

What was said?

[AndyOrch]

Well done Gazbo

 

Thread title amended to reflect the out come.

 

Regards

 

Andy

[gazbo34]

Here's a run down of how the day went:-

 

Arrived at court and checked in at reception where I was told Lowells solicitor would like a chat with me.

He came over and introduced himself and informed me he was self employed and didnt work directly for Lowells but had been asked to represent them.

 

He then told me that they had not been able to produce any paper work and as such they would be withdrawing the stat demand,

I asked if this would be in writing and he said that we would still go before the judge but it would be just to confirm the stat demand withdrawl and then to sort costs out.

 

I thought this is going well until he informed me that it wasnt my costs he wanted to sort out but Lowells,

as they had instructed him to ask for £102 in their costs for his attendance.

At this point I became unamused !!!!

we had a bit of a discussion re dates of service and CCA requests etc and decided to agree to disagree and leave it up to the judge.

 

Off we went into court ,

just a small room with the judge and the 2 of us ,

 

Lowells solicitor started off explaining they wanted to withdraw the stat demand due to lack of papework

and that they would like to ask for their costs (I was watching the judge at this point and noticed the look of surprise on his face).

 

Lowells explained that because they had sent me the account on hold for 60 days letter,

a week before I had filed my set aside,

there was no need for me to file a set aside so they considered that the hearing was my fault so I should pay their costs.

 

The judge then explained to me in laymans terms that the stat demand has been withdrawn and asked me if I had any comments re Lowells asking for costs.

 

I told him that Lowells could have withdrawn their stat demand at any time before the hearing

and saved the cost of sending someone and also that they were well aware that I wanted to see documentation relating to the agreemant,fees etc.

 

He then asked me why I had filed my set aside so

I told him that after reading around the web and advice from this forum ,

I had decided to file my set aside within the required 18 day time period

as I was worried that if ,after the 60 days Lowells had said they would put the account on hold for,

they then found the CCA and other paperwork I had requested

then they could argue that I hadnt filed my set aside within the required time frame.

 

Lowells solicitor argued that this would be unlikely as they had written to me to confirm a 60 day hold period

but the judge agreed with me and said that there was no scope within the insolvency act to extend the 18 day deadline to file a set aside.

 

I was that excited to win on these points that when he asked me straight after this if I had suffered any losses I replied No without thinking :Cry:.

 

The judge then advised me that the stat demand had been set aside but this might not be the end of the matter

as Lowells may decide to go down a different route to try and collect the debt.

 

So that was my day in court,

nowhere near as intimidating as I thought it would be

although got that carried away winning my point on their costs I forgot to ask for mine !!!!!!!!

 

Sorry its long winded

but really annoys me when people post on here for help and advice and then on the day of the hearing you never see another post from them

and they cant even be bothered to update people how they got on.

 

As mentioned in my earlier post donation has now been made

and once again I would like to thank everyone for their help and input :grouphug:

 

Cheers

 

Gazbo

[Guest]

sounds good, well done. shame no costs for you!

as posted prior, their so called 'holds' count for nothing once they have served a demand. statutory time starts to run.

as said though, it may not be the end. but it maybe the beginning of the end (hopefully they will drop it as no docs).

Edited January 14, 2014 by Ford

[fkofilee]

Gaz... !!! Im glad you got what you wanted!

Lowell have once again been caught out!

[dx100uk]

and yet another speculative SD from lowells set aside when they never had ANY PAPERWORK .

 

GREAT NEWS

 

dx

[citizenB]

Oh this is very good news indeed.

 

Sorry, to hear you missed out on reclaiming your costs.

[citizenB]

It does prove just how Lowells are incorrectly using the insolvency service. They should make darn sure they have everthing in place before issuing either a Stat Demand or a regular claim through MCOL.

 

When SD is issued, the recipient has 18 days from service to set aside. Who do Lowells think they are by saying they will put it on hold for 60 days ? Why not wait the 60 days before issuing the SD.. ah.. they might miss out on the SB date is probably why, how cynical is that ?

[Dotty50]

:violin::violin:

 

Oh dear, sad news for Lowells!

 

::cheer2:

[SUNDERLAND1]

Well done gazbo great result, had a few problems recently but i have now updated my thread if you would like to have a look.