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*** DISMISSED *** Small claims for stabling fees

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  • Claimant couldn’t provide a detailed schedule of payments or non payments, she relied on the handwritten schedules which the judge said didn’t relate to anything.

    she also couldn’t figure out which was her statement or mine. Couldn’t find her own documents in her evidence bundle. It ended up being both the judge and myself helping her to find stuff.

    she had no evidence of the alleged debt and he was questioning the value as there was inconsistencies in it, and even she couldn’t give an exact value.

    i had to give my own evidence, judge wouldn’t allow husband to be Lay Representative.

    he liked my detailed evidence, but was not happy about the handwritten note. However, the claimant started to call me names in the chambers which helped prove that she can be an aggressive person and he told her if she carried on it would affect his judgement.

    when he gave his judgement, I had a huge smile on my face and asked if I could leave, which I did. The claimant was just sitting there staring at the judge in shock.

    nothing was said about fee’s but I presume we pay our own, again more than happy with that

    Comment


    • Originally posted by Stopbox View Post
      Claimant couldn’t provide a detailed schedule of payments or non payments, she relied on the handwritten schedules which the judge said didn’t relate to anything.

      she also couldn’t figure out which was her statement or mine. Couldn’t find her own documents in her evidence bundle. It ended up being both the judge and myself helping her to find stuff.

      she had no evidence of the alleged debt and he was questioning the value as there was inconsistencies in it, and even she couldn’t give an exact value.

      i had to give my own evidence, judge wouldn’t allow husband to be Lay Representative.

      he liked my detailed evidence, but was not happy about the handwritten note. However, the claimant started to call me names in the chambers which helped prove that she can be an aggressive person and he told her if she carried on it would affect his judgement.

      when he gave his judgement, I had a huge smile on my face and asked if I could leave, which I did. The claimant was just sitting there staring at the judge in shock.

      nothing was said about fee’s but I presume we pay our own, again more than happy with that
      Yes if he ruled and allowed you to leave it will be parties to bear their own costs.

      Just await the judgement through and file this all away.

      If she gets in contact then it's back to the police and have them deal with her.

      Well done speaking yourself and well done on an outcome you are happy with.
      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

      Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

      Comment


      • We were just discussing what to do if she gets in contact again, and that was our conclusion tok

        Comment


        • Just glad it’s all over

          Comment


          • Originally posted by Stopbox View Post
            We were just discussing what to do if she gets in contact again, and that was our conclusion tok
            If she contacts you again... You contact the police & get them to issue her with a "Police Information Notice" which will tell her in no uncertain terms that you regard her contact as harrassment.

            When they issue her the notice if she contacts you again after the notice the police will investigate & the cps should prosecute. If it goes to court the judge should order her not to contact you for 1 or 2 or 5 or 10 years etc. If she breaks that court order she could go to prison. Especially if she continues breaching the court order.

            So. firstly if she contacts you again call the police & get them to issue the "Police Information Notice". It doesnt cost a penny.

            Else you have to spend money in civil courts to get a non contact/molestation order which a court may or may not grant depending on evidence.

            Comment


            • Thank you for that, I didn’t know about it. I’ve taken a screenshot so I can quickly refer to it. I shall also let all my colleagues at work know too

              Comment


              • So, having thought this issue was now behind me. I got home from work today to find a letter from Cobra Financial Solutions sitting on my doorstep saying “Final Warning - do not ignore”. Checked them out online before ringing them to ask what it’s all about (letter states that if I do not get in contact by 5pm then they will be around to see me this evening with an enforcement team). Only to find out that the claimant is now going through these people to try to claim money, I pointed out to Cobra that this issue had been through the court and was dismissed and I can prove it. They asked me the date of the court proceedings and apologised. Then asked me to confirm all this by email too, which I will do.

                But out my question is, what do I do now with the other person, do I report them for harassment? Or just ignore?

                Comment


                • Did you receive a copy of the final Judgment from the court ? Just send them a copy of that.

                  They sound like a right lovely bunch
                  Contact us now and we will get your money back for you.

                  No nonsense, Face to Face collection.

                  We knock on your debtors door and do not stop until we get paid.
                  I'd just deal with Cobra for now, and assume it's a one off 'couldn't let it lie' effort from her... but if she does try again with another company then you are likely to need to look at harrassment proceedings.


                  Our rules are simple.
                  • You would need to supply Cobra with documentary evidence to confirm what you are owed.
                  • Your Debt must be collectable, we will not waste time chasing Debts that are not collectable.
                  Wonder what documentary evidence she showed Cobra... lol

                  they will be around to see me this evening with an enforcement team
                  That's not funny at all - particularly as they are regulated by the FCA to collect consumer credit debt. A pic of this letter might be interesting.
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • My personal view would be to report to the police for harassment. She knows that this has been through court and nothing is owed, she has engaged these rent a mob to intimidate you into paying.
                    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                    Comment


                    • Ok, thank you, that’s what I thought I should do, just needed moral support

                      Comment


                      • I’ve got a copy of the final judgement, so I’m sending a copy to Cobra. Theletter is attached for you to see, and this is the only letter I’ve received from them.

                        I will contact the police regarding harassment, as I think if I don’t this won’t be the last I hear from her and she needs to stop
                        Attached Files

                        Comment


                        • OMG that's awful - is that literally all there was ? nothing saying what the debt was or anything ? Presumably there was some contact details ? And this was dropped through letterbox by hand or did it come through the post?
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • Letter came by hand with a business card, has my name and address on the letter. It was the only form of communication I have received from them.

                            i have just spoken to the police, they have said that as she has not contacted me herself she has not committed a crime, and that all I can do is show the letter to the debt collection agency to prove that it the claim was dismissed.

                            Comment


                            • I'd ask Cobra to remove all your data from their systems too. Reading their website they boast quite a lot about checking credit files. land registry and so on. Maybe a Subject Access Request Letter too.

                              They want to update their FCA auth on their website too as they still have their old interim permissions one on there ( irrelevant to your case but annoying )

                              Wonder if they are misrepresenting themselves as enforcement agents too.
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


                              • I’ve already sent them an email regarding the judgement order.

                                I will organise another one asking them to remove my information from their database, can I include ‘subject access’ letter in the email or do I have to type that up separately to sign before sending?

                                Comment

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