Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2015

[jon1965]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Just read the whole thing again.
I don't think the default notice that came through the post has been posted , I was wondering what the dates were on it, i.e the date on the letter and the date for remedy
It is odd , to me, that the loan was £300 with interest of £86 yet they only defaulted you for £300

Did you get the default factsheet in with the postal version

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Hi jon, the posted default notice from them is dated 09/02/2015 for an agreement dated 04/10/2013. The notice was for the sum of £300 to be paid in full by 27/02/2015 (giving 18 days). There was no factsheet included but it has the usual terms in and refers to citizens advice etc.

I think they have only defaulted that amount because anything over £300 puts the claim into the next bracket of higher court fees.

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Having read through their witness statement again, all they have done is read my witness statement and try to rebut everything I have said. Rather than a statement of facts it is just a petty argument on paper. If I hadn't of sent mine off a week early, I imagine theirs would be totally different. Does this make much odds?

Also, thinking about it, the fact they have been stalking me online for the last 4 months and openly admit it is creepy to say the least. Are they even allowed to do this let alone bring it in as evidence in court?? Surely this is both highly unprofessional and has no relevance to their actual claim. Imagine if the claimant was a bank and they admitted to stalking a defendant over the internet... well they wouldn't would they!

This company really are a bunch of cowboys. I'm gonna have my day in court and whatever the outcome, CCJ or not, they'll never see their train fare back let alone the sum claimed!

[nemesis45]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Having read through their witness statement again, all they have done is read my witness statement and try to rebut everything I have said. Rather than a statement of facts it is just a petty argument on paper. If I hadn't of sent mine off a week early, I imagine theirs would be totally different. Does this make much odds?

Also, thinking about it, the fact they have been stalking me online for the last 4 months and openly admit it is creepy to say the least. Are they even allowed to do this let alone bring it in as evidence in court?? Surely this is both highly unprofessional and has no relevance to their actual claim. Imagine if the claimant was a bank and they admitted to stalking a defendant over the internet... well they wouldn't would they!

This company really are a bunch of cowboys. I'm gonna have my day in court and whatever the outcome, CCJ or not, they'll never see their train fare back let alone the sum claimed!

It seems there may be some confusion here:

1. A default notice does mean a default has been registered, it is to give notice that if the account is not put into " normal" status e.g., by paying the arrears a default will be registered.

2. The DN for a PDL can only show the sum in arrears Not the total amount owing i.e. £300.00 + interest.

If possible can we have sight of this witness statement please?

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

It seems there may be some confusion here:

1. A default notice does mean a default has been registered, it is to give notice that if the account is not put into " normal" status e.g., by paying the arrears a default will be registered.

2. The DN for a PDL can only show the sum in arrears Not the total amount owing i.e. £300.00 + interest.

If possible can we have sight of this witness statement please?

Sorry nem, I'm not sure what this post is about? I've not mentioned anything about a default being registered.

I have no way of uploading their witness statement i'm afraid, and also it's ridiculously long. There must be at least 50-60 pages with the supporting docs.

But does anyone know what on earth a judge is going to say about their online stalking of me? I find it abhorrent.

[nemesis45]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Sorry nem, I'm not sure what this post is about? I've not mentioned anything about a default being registered.

I have no way of uploading their witness statement i'm afraid, and also it's ridiculously long. There must be at least 50-60 pages with the supporting docs.

But does anyone know what on earth a judge is going to say about their online stalking of me? I find it abhorrent.

Alleged stalking amounting to harassment is a matter for another time and place.

Another poster mentioned default notice problems earlier and you post 77 also refers.

nem

[Adrasteia]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Can someone explain why a default on a PDL only covers the loan and not the interest. If I borrowed £100 with interest due of £25 to be paid by x date and I didn't pay , the amount in arrears is £125 as that is what is owed to bring the account back on track

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Quick question about the court hearing - I've never been a litigant in person before so I'm not too familiar with the hearing process. But will I be given the opportunity to explain everything I want including background information regarding my own situation and the experience I've had with the claimant? I'm not sure if I'll be told to stick to just the facts surrounding the claim or whether I'll be allowed to explain everything I feel necessary?

I'm also concerned that the claimant is using internet forum print outs as evidence against me, am I allowed to object to this as it's not relevant to their claim for money? Is this even admissible in court seeing as it would be impossible to prove who is writing the posts?

Anyone defended in person before? What was your experience?

Thanks in advance!

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

:bump: Anyone's advice re above is much appreciated. Thanks

[nemesis45]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Can someone explain why a default on a PDL only covers the loan and not the interest. If I borrowed £100 with interest due of £25 to be paid by x date and I didn't pay , the amount in arrears is £125 as that is what is owed to bring the account back on track

PDLs A single payment loan, a default notice cannot include any other amounts other than the amount (arrears)needed to put the account back into normal status i.e. in the case of a PDL the original amount borrowed.

nem

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

I was hoping for advice on my recent question...

[nemesis45]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Quick question about the court hearing - I've never been a litigant in person before so I'm not too familiar with the hearing process. But will I be given the opportunity to explain everything I want including background information regarding my own situation and the experience I've had with the claimant? I'm not sure if I'll be told to stick to just the facts surrounding the claim or whether I'll be allowed to explain everything I feel necessary?

I'm also concerned that the claimant is using internet forum print outs as evidence against me, am I allowed to object to this as it's not relevant to their claim for money? Is this even admissible in court seeing as it would be impossible to prove who is writing the posts?

Anyone defended in person before? What was your experience?

Thanks in advance!

Small Claims cases are heard " in chambers" not open court.

You, the claimants representative and the judge, each party will be given their chance to state their case and points can be argued as in any court.
Present your defence when asked ( Skeleton argument is often useful to keep you on track) don't interrupt the other party and listen to what the judge says.
Make notes when the claimant is putting their case so you can rebut if needed.

When the judge has all the information from both parties he/she will decided on the " balance of probabilities " if the debt is enforceable or not.
The judge will not wear a wig or a gown.

nem

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Small Claims cases are heard " in chambers" not open court.

You, the claimants representative and the judge, each party will be given their chance to state their case and points can be argued as in any court.
Present your defence when asked ( Skeleton argument is often useful to keep you on track) don't interrupt the other party and listen to what the judge says.
Make notes when the claimant is putting their case so you can rebut if needed.

When the judge has all the information from both parties he/she will decided on the " balance of probabilities " if the debt is enforceable or not.
The judge will not wear a wig or a gown.
nem

Thanks nem. If the claimant tries to use forum print outs as evidence against me, am I allowed to speak out and object? It's surely inadmissible unless they can prove who it is writing on them? Also, it doesn't have anything to do with their money claim, they are just trying to say I am looking to wiggle my way out of paying.

Fact of the matter is, I don't believe the account has been legally assigned to them. And if it has, prove it!

[nemesis45]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Thanks nem. If the claimant tries to use forum print outs as evidence against me, am I allowed to speak out and object? It's surely inadmissible unless they can prove who it is writing on them? Also, it doesn't have anything to do with their money claim, they are just trying to say I am looking to wiggle my way out of paying.

Fact of the matter is, I don't believe the account has been legally assigned to them. And if it has, prove it!

Most of the times I've seen printouts produced the comments have been " the defendant can seek advice from any source" and " I understand this site operates with 'user names' and the defendant cannot be identified from this and it amounts to 'hearsay' " and was disallowed.
I wouldn't worry as these would have to disclosed 14 days prior to the hearing anyway.

nem

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Most of the times I've seen printouts produced the comments have been " the defendant can seek advice from any source" and " I understand this site operates with 'user names' and the defendant cannot be identified from this and it amounts to 'hearsay' " and was disallowed.
I wouldn't worry as these would have to disclosed 14 days prior to the hearing anyway.

nem

Ok thanks for that. They were disclosed 14 days prior to the hearing within their witness statement. They are claiming they know it's me because the claim is their only one. They are trying to say I am wasting courts time. I will seek to ensure it is disallowed as any evidence.