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dontletthemgrindyoudown

RBS CC debt...County Court claim 3 years ago - still stayed - now an SD!!

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Hi, can anyone provide assistance with this query.

 

RBS issued proceedings against me over 3 years ago in connection with a credt card debt,

 

the claim was for over £5,000.

I defended the action on a number of basis.

 

I heard nothing

 

.. Recently, Ive received correspondence from a DCA advising that the debt has been sold to them.

 

I telephoned the County Court and have been told that RBS were advised of the course of action they would need to take (following receipt of my defence)

if they wished to continue with the action.

They did not.

 

Can I apply to have the court proceedings struck out?

 

Can they sell a debt where they have issued proceedings and

, in view of the defence,

decided not to proceed?

Thanks

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sound like the two are not related.

they lost the courtcase [as such]

so it just became a normal outstanding A/C, which they have now sold? on to a DCA. thats the way i read it.

 

time for a CCA request me thinks!

 

 

dx100uk

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I defended the action on a number of basis.

 

What was the basis of your defence.

 

I assume the proceedings were dropped rather than a judgement was obtained.

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Re the defence,

 

I hold correspondence from the claimaint (RBS) providing investment advice.

 

.suggesting I hold my stocks and shares rather than sell and clear a large propertion of the debt at that time (2001).

 

In fact the shares (which they made no attempt to enquire about) fell in value and proved worthless.

 

I claimed contributory negligence.

 

RBS did not proceed with the case,

 

following submission of my defence,

but should i make an application to the court (if so which one and how) in order to have the matter terminated..

 

..at present I guess its still an open case which could be resurrected at any time.

 

Thanks

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I have some papers from Court which state that my defence has been filed and the claimant has 28 days to respond after which time judgement will be stayed.

 

Exact wording is

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay

 

I would say that your situation is the same as mine.

Where that leaves you with regard to a DCA claim I dont know but it might be an idea to contact the court to determine if the claim is stayed and then send off a copy to the DCA.

 

If the original claimant gave up, I cannot see a DCA having any more luck.

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Thank you.

 

Ive contacted the Court as you suggested.

 

They have confirmed that the claim is stayed and further that the claimant would be barred from proceeding without paying a further fee.

 

They also said it would need to go before a district judge (another fee)

and that as they deal with the solicitors for the claimant repeatedly

(and that they are fully aware of the rules)

 

they believed the Judge would take a dim view of the delay in proceeding with the matter

and that there was no guarantee that he would allow the case to proceed.

 

Thanks for your help.

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I have finally lost patience with this firm and have commenced legal action against them for unauthorised disclosure of my financial affairs.

 

I wont bore you with the history but is anyone able to give me some advise as to how I assess the level of damages i should claim,

 

what I should include in my claim (distress/anxiety/harrassment etc)

 

Can I claim for my time in answering endless letters and telephone calls?

 

Can i include a claim for penal damages?

 

any advice would be very helpful.

Thanks

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I think you might need to expand on your query so we can offer better advice for you. interesting use of the underline function by the way!

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I think you might need to expand on your query so we can offer better advice for you. interesting use of the underline function by the way!

 

 

apologies, I couldnt find a way to turn it off....

 

I am commencing an action against 1st Credit for unlawful disclosure under 7th and 4th Data Protection Princlples

and a claim for damage and distress under 13.

 

My question is.

 

..what can I include in my claim for damages..

 

.my time for the endless correspondence I have received and made.

 

..the same with phone calls?

 

The anxiety and mental distress I have suffered?..

 

.can I include a claim for damages for harassment?

 

I just wnat to know what I can do to substantiate my claim for damages.

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Small claims procedure book sold on here has good advice on this.

 

However

 

Claiming Costs

 

You can only claim certain costs against your opponent if you win in the Small Claims Court. These are known as "Fixed Costs". They include any court fee you have paid, but not your solicitor's charges. You can claim your travel expenses and loss of earnings if these relate to your attendance at court.

You may also be able to claim travel expenses and Loss of Earnings of any of your Witnesses who have had to come to court to give evidence for you, the amount you can claim is restricted.

You may also be able to claim for any Experts Reports you have paid for to help your case, again the amount is restricted.

The court does have a discretion to award costs where a party has behaved unreasonably.

This includes:

Making unnecessary applications.

Causing a late adjournment of the hearing.

Failure to comply with directions or orders.

Refusing to negotiate.

Failure to comply with protocols. Mis-stating value of the claim so it is allocated to small claims track to avoid costs liabilities.

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sorry..im clearly not being sufficiently precise...

 

In an action against 1st Credit which is based on their negligence,

the claimant claims damages on the basis that the defendant owed the claimant a duty of care and that the defendant breached that duty.

 

Now...exactly what can the claim for damages contain?

 

Can it include a monetary claim in respect of my time taken up in investigating the matter and answering/reading copious correspondence

and in taking/making telephone calls.

 

.can it include a monetary claim for harrassment..

 

..can it include a monetary claim for distress and anxiety?

 

What elements can comprise a claim for damages against 1st Credit in this instance?

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sorry..im clearly not being sufficiently precise...

In an action against 1st Credit which is based on their negligence, the claimant claims damages on the basis that the defendant owed the claimant a duty of care and that the defendant breached that duty.

Now...exactly what can the claim for damages contain?

Can it include a monetary claim in respect of my time taken up in investigating the matter and answering/reading copious correspondence and in taking/making telephone calls..can it include a monetary claim for harrassment....can it include a monetary claim for distress and anxiety?

What elements can comprise a claim for damages against 1st Credit in this instance?

 

I'm not an expert but time & materials is not unreasonable to make in a claim

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In todays post ive received a statutory demand from a firm called Connaught Collections,

 

the alleged creditor being 1st Credit and

 

the original alleged creditor being RBS.

 

Im surprised to receive this for

 

in 2004 RBS issues procedings through the Northampton County Court which I defended and alleged contributory negligence on the part of RBS

(I hold dsmning correspondence from RBS in this regard).

 

The claim did not proceed and there is no judgment.

 

Also, details of the alleged debt do nto appear on my credit file.

 

In 2006, I received a letter from 1st Credit in connection with the alleged debt

and, after much correspondence,

asked for a copy of my credit agreement for which i paid the appropriate fee.

 

To this day, 1st Credit have not provided this document.

 

my question is what do I do now in connection with the statutory demand which has arrived this morning.

 

Can Connaught chase this alleged debt notwithstanding that it has already been to court

AND that 1st credit have not provided a copy of the credit agreement?

 

Does the fact that the alleged debt does not appear on my credot file have any bearing.

 

Advice please. Thanks

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Statutory Demands are dangerous beasts and must be dealt with promptly.

A good place to start would be here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112344-statutory-demands-posts-discussion.html?highlight=statutory+demand

 

You should apply to get it set aside within 18 days for one of the allowable reasons as, after 21 days they can apply for bankruptcy, even if no court action has been taken.

Their window of opportunity to do this lasts 4 months.

If you use the search facility on this site just put in 'statutory demand' and there are many threads on the subject.

 

Newborn

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Have you received a Notice of Assignment from RBS notifying you that the account has been assigned to 1st Credit?

 

Have you received a Letter Before Action advising you the a Statutory Demand would be served?

 

What type of account is it e.g. credit card, loan, overdraft?

 

Are there any charges on the account?

 

The claim did not proceed and there is no judgment.
What were RBS's reasons for withdrawing the claim?

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I received notification of assignment from RBS to 1st Credit in 2006.

 

I received a letter from Connaught dated 31st March in which they indicated their intention to issue a stat demand.

This is the first I had heard of them.

 

The alleged debt is in respect of a credit card.

 

I cant tell if there are any charges to the account but there is a small difference between the amount claimed by RBS on the July 2004 claim form

and the stat demand.

 

Should I ask for copy statements?

 

How can 1st Credit/Connaught issue a stat demand given that a request for a copy of the credit agreement was made, and ignored, in 2006?

 

I thought all proceedings were put on hold if the alleged creditor could nto provide a copy of the agreement.

 

Indeed I thought 1st Credit had committed an offence given that the time frame for production had lapsed.

 

I defended the claim on the basis of RBS having contributed to its own losses and provided documentary evidence (correspondence signed by RBS staff) in support.

 

On this basis RBS did not proceed with the claim.

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Should I ask for copy statements?

 

Yes send a SAR to RBS. As it has been passed to 1st credit there will definitely be charges on the account, it's just a question of how much the charges are.
How can 1st Credit/Connaught issue a stat demand given that a request for a copy of the credit agreement was made, and ignored, in 2006? I thought all proceedings were put on hold if the alleged creditor could nto provide a copy of the agreement. Indeed I thought 1st Credit had committed an offence given that the time frame for production had lapsed.

They are counting on you being ignorant of your rights. DCA's often do things that they are not supposed to do.

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in the 1st instance i sand a SAR to RBS,

 

should i also write to Connaught informing them of the lack of a reply to a credit agreement letter to 1st Credit,

 

the fact that this case has already been to Court and judgment was not obtained?

 

Is there any mechanism which prevents DCA or anyone acquiring a debt in trying to enforce of the matter has already gone to court and judgment not obtained?

 

Do I need to do anything with the Stat Demand at this stage?

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mine was a very similar case to yours

 

I sent a cca request to Connaught Collections after they sent me a stat demand (on behalf of 1st credit) and they immediately packed their bags and left the scene

 

1st credit now have it back and they have tried to send it to a couple of other dca's but i just keep bouncing it back to 1st credit

 

i raised formal complaint againt 1st credit some time ago and it has all been quiet since

 

watch out for connaught dont call them - they are allegedly :D liars, crooks and thiefs - just cca them sit back and demand withdrawal of stat demand - no judge will allow bankruptcy against such a seriously disputed debt of which they cannot prove is theirs :grin:

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so, in the 1st instance i sand a S.A.R - ( Subject Access Request) to RBS

Yes. Send it recorded delivery to:

The Royal Bank of Scotland

Data Protection Team

36 St Andrews Square

Edinburgh

EH2 2YB

should i also write to Connaught informing them of the lack of a reply to a credit agreement letter to 1st Credit
I wouldn't bother. Connaught and 1st Credit go hand in glove.
Is there any mechanism which prevents DCA or anyone acquiring a debt in trying to enforce of the matter has already gone to court and judgment not obtained?

Was the case dropped? If so no judgement was made in anyones favour.
Do I need to do anything with the Stat Demand at this stage?
Not just yet. Send the SAR first and then we'll write the set aside.

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