Jump to content


  • Tweets

  • Posts

    • Hey guys,   I was using a utility supplier for 18 months. Every month, paid my direct debit on time. One day, they reviewed my account and said they had miscalculated my energy consumption and I now owe them £900.    I switched energy suppliers straight away as a consequence.    I am now being contacted by UK Search Limited by phone, email and text message. So far, I haven't responded and don't intend to.   I've checked my credit file. The account with the original utility supplier is closed and settled according to Credit Karma.    So what should I do with UK Search Limited? As far as I see it:   Completely ignore them until they go away (my preferred option) Contact them in some way and dispute the debt   I would be very grateful for any advice on how to proceed. I currently have an excellent credit score.    Thank you,  
    • Afternoon guys.   Just received the following from the dealer I purchased from:   Dear Mr Fish.   Sorry to hear you are experiencing problems with your car.   Unfortunately my contract of sale on this vehicle is with CarMoney Ltd and any issues or complaints will have to come from them. You can contact CarMoney on 0333 4564550 you will need your finance reference number for security.   Kind regards David Wickes GCS Cars Ltd
    • Hi  Has anyone recently had any joy with claiming or at least getting a hold of these people I got a car with them back in 99 and was definitely mis-sold PPI  Tried to claim through a 3rd party but they have said that they no longer have them on their list - I had to state Direct Auto Finance and Provident Financial who were the underwriters i believe    Really need some help    Thanks 
    • Hi,sorry .The Gararge is called Jordan Motors House Ltd. Is there any thing else you would like to know?
    • Lowell Portfolio 1 Ltd   Date of issue 16/08/19.     Particulars of Claim   What is the claim for – the reason they have issued the claim? 1. The claim comprises the following agreements the defendant entered into a. Talk Talk telecom Ltd with reference (Account Number) and current balance 485. b. Vanquis Bank with refrence (Card Number) current balance 596 The agreements were terminated as payments were not maintained and subsequently assigned to claimant. and the claimant claims. a) the total of the said sums being 1080. b) interest pursuant to s69 county courts act 1984 at the interest rate of 8% per annum from the date of assignment to the date of issue. but limited to one year, being 7 C) Costs     What is the total value of the claim? 1317   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card and landline/mobile   When did you enter into the original agreement before or after April 2007 ?  no   Do you recall how you entered into the agreement...On line /In branch/By post ? card on line / landline mobile by phone   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? yes   Did you receive a Default Notice from the original creditor? cant remember   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? yes   Why did you cease payments? on the vanquish card because my wife lost her job and at the same time so did my son so all household bills became my responsibility. the talk talk was canceled by me , due to at least two data breaches ant the mobile was canclled as it was a monthly contract I no longer needed but they carried on charging me for a further 4 months claiming I did not cancel it correctly   What was the date of your last payment? 2016   Was there a dispute with the original creditor that remains unresolved? yes to both   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
  • Our picks

Karlos1

Claiming expenses after successful defence of claim

style="text-align:center;"> Please note that this topic has not had any new posts for the last 437 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Just after a bit of advice. I have successfully defended a claim brought against me and at the end of the hearing I asked the Judge if I could submit financials for consideration. I was told I could claim £45 for a half day hearing attendance but no more. The case has actually cost me £1200 to defend (time off work, mileage, parking etc) which is of course a tad annoying. Seems unfair that I can be dragged through the civil legal system, win the case and be out of pocket. Is this normal?

Share this post


Link to post
Share on other sites

Was this a small claim? If so, the amount that can be claimed for expenses is extremely limited. I'm also finding it a little difficult to work out how it could have cost you £1200 to defend unless you instructed a solicitor.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites
Was this a small claim? If so, the amount that can be claimed for expenses is extremely limited. I'm also finding it a little difficult to work out how it could have cost you £1200 to defend unless you instructed a solicitor.

 

Yes it was small claims court. £1200 in lost wages due to the hours spent writing my defence etc ( I work for myself and charge by the hour).

Share this post


Link to post
Share on other sites

Unfortunately costs in small claims are limited to £50 plus time spent at the actual hearing. Whilst frustrating, this is so that people aren't put off using the Courts because of the risks of paying the other parties costs, which are often completely disproportionate to the amount of the claim.

 

I appreciate that someone who is self-employed often works very long hours, but most people would have been able to deal with the paperwork around their work commitments. The only chance would have been if you could prove that the claimant's behaviour was unreasonable from the outset, but that is a very high bar to cross and the fact that they lost is nowhere near enough.

 

It may be small consolation, but at least you did win.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites
Yes it was small claims court. £1200 in lost wages due to the hours spent writing my defence etc ( I work for myself and charge by the hour).

 

Long Defence at that rate? self employed - ever been on a jury and tried to claim over above their figure


:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites
Long Defence at that rate? self employed - ever been on a jury and tried to claim over above their figure

 

Took a lot of time to put together. No, never been on Jury duty thankfully!

Share this post


Link to post
Share on other sites

Llp rate would have to show how got to the figure, even high grade solicitor has a ceiling by grade on cost etc, you are dreaming in regards that figure and be shown as a chancer by a judge,, no doubt they will see straight thru it, jury i.e self employed , by the way jury service is not voluntary you would need a good excuse not to attend, but the experience can be an eye opener for you of what things are happening around you that you do not know.


:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites
Llp rate would have to show how got to the figure, even high grade solicitor has a ceiling by grade on cost etc, you are dreaming in regards that figure and be shown as a chancer by a judge,, no doubt they will see straight thru it, jury i.e self employed , by the way jury service is not voluntary you would need a good excuse not to attend, but the experience can be an eye opener for you of what things are happening around you that you do not know.

 

Yes, appreciate that there are ceilings etc. I'm not self employed but company owner. It's very easy to reach £1200 very quickly with hours put in and mileage, parking etc etc. Just seems unfair that someone can be dragged through the legal process, win the case and be out of pocket. Never mind, it's all done now so time to move on I guess. As for Jury service, one of my lads has just done it this month. Very interesting by all accounts although I would rather not get called up personally.

 

Thanks for the replies all.

Share this post


Link to post
Share on other sites

unfortunately that is the so called legal service of this country, when you think the DJ is on £100,000 + per year and causing misery in most cases


:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites

As mentioned above..this is the norm in a small claim...as a litigant in person in can work to your advantage, for example many companies need to employ a solicitor at a cost of at least £100 - £200 per hour, on the small track they cant claim this back so its often uneconimical for them to chase you for small amounts.

 

Actually losing £1200 does sound excessive to be honest, as mentioned you should be able to fit the work around your work..actually having days off and losing money is rare.

 

There are some ways to get costs (this is how you should refer to it)...first is to use the strike out process to get rid of the claim completely (or partially) at a very early stage, pre-allocation, pre-allocation means before it has been allocated to track (small) and therefore the normal costs rules DO apply. The otjher is to point out to the judge the other side behaved unreasonably or did something that made you incur more costs or dragged the dispute out.

 

Read the CPR as all of this is covered > https://www.justice.gov.uk/courts/procedure-rules/civil

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...