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    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
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Karlos1

Claiming expenses after successful defence of claim

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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?

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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.

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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).

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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.

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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:

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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!

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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:

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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.

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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:

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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

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