Cabot/weightmans claimform - following SD set aside in 2013 - halifax Aqua Card ***Claim Discontinued***

[Poppay2]

will do, they certainly upset me. (although able to deal with these matters with much more of a cooler head than in the past)

The whole financial sector upsets me.... but will stay off that soapbox else I will never get off it

 

I am guessing I should get this OFT letter sent within the week?

[DonkeyB]

ASAP, just so your feelings are fresh. You will get a standard response, but it all adds up against companies like this.

[Poppay2]

HI DonkeyB

Duly Noted.

I will do it within the week, not in the right frame of mind today, was up most of the night and kinda wrung out.

Add to that the ton of work around the house I havent done due to receiving the SD and spending days locating evidence and reading the site. I am starting to formulate the OFT letter in my head, once I get handle on it will do it.

Just having a bit of a read around the site.

[42man]

You seem to be doing ok at the moment.....just make sure you know your stuff...

[Poppay2]

Hi Everyone

Have heard from the courts

first letter stating they have received my application to set aside SD

second letter recieved today is confusing me a bit not entirely sure what it means, this is what it says

IT IS ORDERED THAT

The Applicant to file the Statutory Demand in rspect of which application is made by 2 May 2013. If the Statutory Demand is not filed, application to set aside the statutory demand will be struck out.

Dated ..... April 2013

 

Does this mean that cbot have to file the SD by 2 May?

If my application to set aside the SD is struck out, is that good or bad?

I think the words 'struck out' are confusing me as this sounds like 'not good' on my behalf?

 

Poppay2

[BRIGADIER2JCS]

Did you send a copy of the SD to the court?

[Poppay2]

Have to go on a course all next week, and desperately trying to catch up on the pre-course reading as this whole thing has really set me back,

 

 

as I've been focusing on it more than anything else. I wont be back till end of next week, hoping nothing major happens while I am away. Have to pass this course so now have to focus on it as time is fast running out. Have waited years to do this course so cannot fail now. but will try to check in to this site while im away if I have any time.

I have also heard from cbot again, their 'europic' arm, advising me that dca will be collecting on the debt, which is the letter I included in supporting docs to the court.

this is proving quite a journey

poppay

 

no, I didnt, have I made a faux pas?

 

I dont have any means to copy it, I would have to submit the original

 

no, its ok, i managed to fix my scanning issues, scanning it in now.

[BRIGADIER2JCS]

Yes you need to send a copy asap otherwise the poor old judge doesn't know what he/she is dealing with!!

[Poppay2]

oh dear..... do you mean that poor old judge cant read my mind?????

Just printing off a copy now will walk it round tomorrow lucky I have a study day tomorrow.

Was so intent in getting everything else included completely forgot about the document that generated it all....

thanks Brigadier

[BRIGADIER2JCS]

oh dear..... do you mean that poor old judge cant read my mind?????

Just printing off a copy now will walk it round tomorrow lucky I have a study day tomorrow.

Was so intent in getting everything else included completely forgot about the document that generated it all....

thanks Brigadier

 

Judges have some remarkable attributes but clairvoyance is not one of them:madgrin:

[Poppay2]

my bad....

copy all ready to go

[BRIGADIER2JCS]

my bad....

copy all ready to go

 

Ok please let us know how you get on!

[42man]

Whoops...you need to take in the original stat demand to court, so make sure you take lots of copies.....

[Poppay2]

Hi

Have a date for court.

Its 16th of this month.

What's my next move?

Oh, still getting letters from clrity trying to collect on this debt had one during the week.

This one says:

'As time is running out our client has advised us that they will consider any offer, however small, to settle the balance. etc etc etc...'

Are they aware they sent an SD?

Poppay2

 

I scanned it into the computer, so can print it off any time.

I took a copy to the court, but I will take the original with me to court on the 16th.

When I handed it in the girl said it was fine.

Have court date on 16th this month. Not too sure what my next step is. I guess its to construct a defence.

[DonkeyB]

Clear proof that the SD is being used solely for the purpose of debt collection. Make sure you take that to court - maybe produce and serve a supplementary witness statement.

 

Don't forget to prepare your costs and send to court and petitioner a day before hearing.

[Poppay2]

Hi DonkeyB

So, the continuing letters from clrity seem to me as though they think the threat of the SD will work and I will contact them with an offer, as their last letters states they will consider an offer no matter how small.... ( how about a figure in the single digit range?) seriously though.... I think they are pulling out all the stops so that I will contact them.

Cbot also wrote and told me that clrity would be collecting on the debt, but this is the Europe arm of cbot, the UK arm are the ones that sent the SD.

 

what concerns me is that they are probably after the equity on the house.

 

Never had to actually go to court for debt before this will be my first time. Last one I dealt with ended up with a Tomlin Order. Have come a long way since then.

 

are you saying make sure I take all subsequent debt collection letters to court? I most certainly will. Even to someone not well versed in these matters these continuing letters appear most odd.

 

What is a 'Supplementary Witness Statement' is this to supplement what I have already submitted?

 

I will have another look at preparing costs, so, I should send them to court the day before my hearing? What is meant by 'Petitioner' this one is new to me too.

[renegadeimp]

So they served a sd as a collection toll , the debt is bad and they are offering huge discounts?

Make sure the court sees this.

[Poppay2]

Hi

Apologies for delay in asking for help with this, but my mum was admitted to hospital last week and have been there most of the time.

I have prepared a witness statement and costs would be most grateful if someone could give me feedback. Trying to keep it simple so as not to get confused later this week when in front of the Judge.

 

 

WITNESS STATEMENT

When Cabot were assigned debt, various DCAs began sending letters requesting payment for different amounts, I began to suspect that I was being fooled into paying several DCAs for the same debt. I sent requests for a copy of the CCA to the DCAs (dca name & dca name) only one replied to my request and stated that no CCA was available/existed. I also sent letters stating that I disputed the account and raised my concerns regarding the legality of several DCAs trying to collect on the same debt.

 

Since Cabot were assigned the debt no statements of account have been received at all. There is no way to check how several DCAs have different amounts, the amount could consist of interest, charges and PPI.

 

By failing to send statements of account and unable to supply me with a true copy of the CCA within the time limits defined by the Act, Cabot have failed to meet their obligations under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

77 Duty to give information to debtor under fixed-sum agreement

(4) If the creditor under an agreement fails to comply with subsection (1) -

a) he is not entitled , while the default continues, to enforce the agreement and -

b) if the default continues for one month he commits an offence.

 

78 Duty to give information to debtor under running-account credit agreement

a) state of account, and

b) the amount, if any, currently payable under the agreement by the debtor to the creditor

 

(6) If the creditor under an agreement fails to comply with subsection (1) -

a) he is not entitled , while the default continues, to enforce the agreement and -

b) if the default continues for one month he commits an offence.

 

 

Since submitting forms 6.4 and 6.5 to the court, another DCA (dca name) has started to send letters. This amount differs from the SD filed by Cbot. The latest correspondence received (date) from (dca name) stated that they would be happy to receive any offer no matter how low. (attachments xx).

 

An SAR was sent to Aqa/Halfx on (date) their reply dated 24 April states that they are gathering the data requested and that it will be sent on or before the 27th May 2013. (attachment x)

 

Upon being served with the SD I wrote to cbot (date), there has been no acknowledgement of this correspondence, except for notification advising that yet another DCA would be collecting on the debt. (attachment xx)

 

Have had a go at preparing costs, wondering if someone could cast an eye over it as seems steep to me, but then again I'm not a solicitor/lawyer.

 

OMG think I finally understand who petitioner is...... Is the 'petitioner' the peeps that issued the SD? Sometimes my brain just doesnt get it.

COSTS

Costs For

set aside Application Case No xxx

xx Court xxx xxx 201x

 

 

 

Rate Claimed Litigant in Person rate of £18 / hour

 

1) Time spent identifying and understanding relevant legislation.

Time spent identifying and understanding relevant case law.

Time spent preparing affidavit and skeleton argument.

 

23 hours @ £18 per hour (414)

 

2) Time spent communicating with respondent and submitting forms 6.4 and 6.5 to the court

2 hrs @ £36 per hour (72)

 

3) Loss of wages for submitting Supplementary Witness Statement and attending court on XXX May 201x

 

10 hours @ £12.75 per hour (127.50)

 

 

4) Sundry Costs (paper, printing, ink, envelopes, postage)

£10

 

 

 

Total £623.5

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).

 

I hope I'm on the right track with the witness statement and costs.

 

Do I send a copy of the witness statement to Cbot?

 

do I send them a copy of the Costs?

 

Not sure where am going with all ofthis

 

do I need to prepare something for the hearing?

[unclebulgaria67]

do I need to prepare something for the hearing?

 

Think this needs to go in the legal issues folder, so those who may help will see the thread. Will alert the site team for you.

[maroondevo52]

Think this needs to go in the legal issues folder, so those who may help will see the thread. Will alert the site team for you.

 

Thread moved.

[Poppay2]

thank you

[caro]

Have had a go at preparing costs, wondering if someone could cast an eye over it as seems steep to me, but then again I'm not a solicitor/lawyer.

 

OMG think I finally understand who petitioner is...... Is the 'petitioner' the peeps that issued the SD? Sometimes my brain just doesnt get it.

COSTS

 

Costs For

set aside Application Case No xxx

 

 

 

xx Court xxx xxx 201x

 

 

 

 

 

Rate Claimed Litigant in Person rate of £18 / hour

 

1) Time spent identifying and understanding relevant legislation.

Time spent identifying and understanding relevant case law.

Time spent preparing affidavit and skeleton argument.

 

23 hours @ £18 per hour (414)

 

2) Time spent communicating with respondent and submitting forms 6.4 and 6.5 to the court

2 hrs @ £36 per hour (72) I think you mean 2 hrs @ £18 per hour (36)

 

3) Loss of wages for submitting Supplementary Witness Statement and attending court on XXX May 201x

 

10 hours @ £12.75 per hour (127.50) How long has been allowed for the hearing? Have you already claimed any of these hours in item 1} above?

 

 

4) Sundry Costs (paper, printing, ink, envelopes, postage)

£10

 

 

 

Total £623.5

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).

 

Just a couple of things I noticed in red above. There may be other things (or not) that more knowledgeable posts may want to comment on.

 

do I need to prepare something for the hearing?

 

Make sure you have any paperwork you have referred to in your Affadavit.

 

You will need your copy of the affidavit and perhaps one extra copy just in case either the barrister/solicitor or Judge doesn't have theirs.. It happens ?

 

I am not sure whether you need to submit your costs schedule 24 hours before the hearing.. You can hand deliver to the court with a note to ask for them to be put in the case folder (make sure the court reference numbers are on your letter and the costs schedule). You should be able to email them to the opposition.

[BRIGADIER2JCS]

Make sure you have any paperwork you have referred to in your Affadavit.

 

You will need your copy of the affidavit and perhaps one extra copy just in case either the barrister/solicitor or Judge doesn't have theirs.. It happens ?

 

I am not sure whether you need to submit your costs schedule 24 hours before the hearing.. You can hand deliver to the court with a note to ask for them to be put in the case folder (make sure the court reference numbers are on your letter and the costs schedule). You should be able to email them to the opposition.

 

Very embarrassing if the judge does not have a copy of any documents mentioned!

[Poppay2]

Hi Caro

Yes, it is a tad confusing I will correct that.

 

Hi CitizenB

By Affidavit are you referring to the forms 6.4 and 6.5 that I originally submitted? Or is this something else?

 

In Post 104 DonkeyB advised:

Don't forget to prepare your costs and send to court and petitioner a day before hearing.

 

I dont have an email address for the opposition

 

thanks Brigadier2

I will ensure that copies are included and not repeat my earlier faux pas.

[BRIGADIER2JCS]

thanks Brigadier2

I will ensure that copies are included and not repeat my earlier faux pas.

 

Hi Poppay, just follow the advice citizen and the other site team members have given you wont go wrong with that!