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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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Wandsworth2015

Hoist Portfolio 2/? claimform - old Barclaycard 'debt' ***Claim Still Struck Out ***

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Nothing from the court at all, last communication from them was the case was struck out as per the order.

 

 

I've called the court and they stated there was a note that the case was being reviewed "marked urgent " by the Judge and all they could advice was that directions on that outcome would be provided.

 

Sounds ominous,

do I submit a witness statement in defence of the application or sit tight,

 

 

seems strange to respond to the claimant and not wait for a response from the court stating they are willing to take a defence statement from me in relation to the application.

 

thoughts?

 

if their app'n is not dismissed outright by the J, then you will (should) have the opportunity to object accordingly. it wld be surprising if the J grants their app'n without at least the formal oppo to object/a hearing. as posted, you wld then normally do your formal ws/objections.


IMO

:-):rant:

 

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Today I've received a Notice of Hearing of Application, which states as follows:

 

The hearing of the claimants application dated 18th November 2016 (they have included the application from the claimant), will take place at 10:30 am on the 3rd January at my local country court.

 

So we're actually going to court after all, is this where I present the witness statement I wrote defending against the claimant seeking relief from sanctions ?

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Yes...file and serve not less than 14 days from the hearing date.


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A simple covering letter and the witness statement we already produced is all that's required, issued to both the claimaint and the court?

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A simple covering letter and the witness statement we already produced is all that's required, issued to both the claimaint and the court?

 

Yes and of course you must attend the hearing to fight and support your statement.


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Thank you Andy, I will do just that.... some of their statements within the witness statement are either complete fabrication or so busy litigating people, that their too busy to handle it and are making mistakes.

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Thank you Andy, I will do just that.... some of their statements within the witness statement are either complete fabrication or so busy litigating people, that their too busy to handle it and are making mistakes.

 

The more mistakes they make the better it will be for you WW


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Despite the claimaints application notice to seek relief from sanctions without a hearing, I'm in court 10:30am Jan 3rd to defend the claimaints application and ensure the order remains struck out, feeling positive as I've done everything as best I can.

 

Thanks to all at CAG for the help this far, especially Andy, thank you all, I will update you once its completed.

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Best of luck Wandsworth...stand your ground.

 

Regards

 

Andy


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The results of the case today

  • The claimant stated that a case of a nervous breakdown was the reason for the breach, I requested evidence of the illness, but none was availble.
  • The claimant stated that the breach was insignificant as that there was only one, I stated that continual breaches and the lack of disclosure meant it was prejudicial in this case.
  • The claimant stated that the defendant was also in breach, I provided evidence that full disclosure had been submitted and evidence of postage was provided, the claimant withdrew this point.
  • The claimant stated they had requested additional time during directions in the spirit of over-riding objective, I stated they the claimant requested additional time for mediation, but they neglected to contact me.
  • The defendant suggested that the late payment of the court fee was also non-compliance and presented further evidence to highlight the point.
     
    In my closing statement, the claimant stated the debt was still owing. I had requested documents via CPR 31.14 and since this was denied, full disclosure was essential to prove the claimant had a case to present, regardless of what my position was to defend, with no documents, there was no case to defend.
     
    The case was a collection of failures by the claimant, many orders had been breached, including the unless order and had there been a case to submit, the actions of the claimant were prejudicial to the defence, as well as wasting judicial time and costs for all parties, a complete disregard for due process and therefore serious.
     

 

The application for relief from sanctions was denied and the case found in favour of the defendant

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:wink: Thread title amended to reflect the outcome...again.

 

Well done Wandsworth

 

Andy


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Thanks Andy, we did it.... man that was stressful, a great start to 2017!

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excellent :)

 

did you get any costs?


IMO

:-):rant:

 

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Good point. I neglected to ask. It also wasn't mentioned. The sanctions were denied and the unless order stated the claimant shall pay costs, so I'm assuming it still stands.

 

Do I wait for confirmation in writing from the courts or can I submit costs, something like as follows, what are your thoughts?

 

 

The application to seek relief from sanctions was denied in the County Court, 3rd January 2017.

 

Therefore, the claim stands struck out pursuant to the order of 5 October 2016, the claimant shall pay the defendant costs of the claim, expense sheet attached.

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Good point. I neglected to ask. It also wasn't mentioned. The sanctions were denied and the unless order stated the claimant shall pay costs, so I'm assuming it still stands.

 

Do I wait for confirmation in writing from the courts or can I submit costs, something like as follows, what are your thoughts?

 

 

The application to seek relief from sanctions was denied in the County Court, 3rd January 2017.

 

Therefore, the claim stands struck out pursuant to the order of 5 October 2016, the claimant shall pay the defendant costs of the claim, expense sheet attached.

 

:thumb: Keep it realistic though


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well done


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Well done everyone involved in this claim I have been following it for sometime.

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Good point. I neglected to ask. It also wasn't mentioned. The sanctions were denied and the unless order stated the claimant shall pay costs, so I'm assuming it still stands.

 

Do I wait for confirmation in writing from the courts or can I submit costs, something like as follows, what are your thoughts?

 

 

The application to seek relief from sanctions was denied in the County Court, 3rd January 2017.

 

Therefore, the claim stands struck out pursuant to the order of 5 October 2016, the claimant shall pay the defendant costs of the claim, expense sheet attached.

same as andy.

the original strike out order with its costs now still stands (they got no relief from those sanctions :)). unless the J ordered anything different re those costs following today.

ie reasonable costs as per that order, plus maybe your reasonable costs for their failed application hearing today?


IMO

:-):rant:

 

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looking back. it seems you asked for costs in your response WS, so your costs for today may well have been ordered also? :)


IMO

:-):rant:

 

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Brilliant WW, well done.

Hoist got Hoisted!


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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looking back. it seems you asked for costs in your response WS, so your costs for today may well have been ordered also? :)

ie, maybe wait see what the formal order re yesterday says.

if it includes costs for that hearing, happy days. if not, could still be worth a try. on top of the still standing original order. :)


IMO

:-):rant:

 

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The claimant ignored all my requests for costs, despite the order, I also sent a follow up letter to the courts, I got no response.

 

Based on the fact I now have no debt's, nobody chasing and I can just get on with my life, I guessed it was just best to move on in victory.

 

thank you CAG, this and many others one even bigger issue were resolved with your help and I won in all cases, thank you.

 

W

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The claimant ignored all my requests for costs, despite the order, I also sent a follow up letter to the courts, I got no response.

 

Based on the fact I now have no debt's, nobody chasing and I can just get on with my life, I guessed it was just best to move on in victory.

 

thank you CAG, this and many others one even bigger issue were resolved with your help and I won in all cases, thank you.

 

W

 

Probably a wise decision and not worth the hassle......

 

Andy


We could do with some help from you.

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