• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

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

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • You can include it, ask them to send you all information they hold about you up to today's date and confirm it will all be removed with immediate effect.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

    Comment


    • Originally posted by Amethyst View Post
      Wonder if they are misrepresenting themselves as enforcement agents too.
      That would be good to know, especially if they get stupid about my request to remove my information

      Comment


      • Looking at the FCA, I though I might be able to complain about the way Cobra had handled things, ie just dropped that threatening letter at my door. But it doesn't seem that I am able to, just says to complain to Cobra. How disappointing

        Comment


        • Unfortunately the FCA rules only apply to consumer credit debts so don't cover this kind of 'debt'.

          It it does seem likely that will be the end of it from Cobra - they'll have been lied to about the debt and you've given them evidence that it doesn't exist so that should be that.

          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

          Comment


          • Originally posted by Amethyst View Post
            You can include it, ask them to send you all information they hold about you up to today's date and confirm it will all be removed with immediate effect.
            Forget about the ifs & whats.

            You won in court so report her for harassment for further threatening behaviour for informing a 3rd party to harass you further.

            Ask the police to issue with a PIN (Police Information Notice).

            Do her behaviour over & do not think twice about it.
            Last edited by GBExile; 6th November 2018, 05:47:AM.

            Comment


            • Originally posted by Stopbox View Post
              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.
              GBExile
              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • I've been doing a little digging on Cobra and would suggest they are just purely bully boys and nothing else despite all their bluster. Looking at Google produces this https://cobrafinancial.co.uk/news/ on this page from the Liverpool Echo is a photograph of a van. I cannot see exactly what it says but it does seem to promote their debt collecting activities which I believe is totally unlawful.

                As for Bailiff Services they do not appear to have their own but possibly may use those that are self employed or sub-contract to an outside firm. They do have problems with this though as CCJs need to be in place first and CCA Regulated Debts can only be collected by the County Court Bailiff who is a salaried employee of HMCTS. The CCB also deals with any ordinary CCJ below £600

                Other debt CCJs (above £600) would need to be transferred to the High Court for enforcement for the attendance of a High Court Enforcement Agent and as they are not authorised they will possibly be buying in services from the usual Rent-a-HCEO mob - DCBL, Frank Whitworth or Millbank. In any case the notice they have posted is highly suspect and should be forwarded to CIVEA, MOJ & HCEOA as soon as. Only proscribed notices may be used for enforcement purposes.

                The fault with all this no doubt lies with the original Claimant who appears to be using pre Set Aside documentation to force this through and actually wonder if they are leaving themselves open to Contempt of Court proceedings. Cobra in turn have not checked anything out and are just proceeding willy nilly and leave themselves open to claims for harrasment or worse.
                Last edited by ploddertom; 6th November 2018, 19:04:PM.

                Comment


                • Originally posted by Amethyst View Post
                  That is simply NOT & I mean NOT true.

                  Part of the standard PIN notices the Police issue states involving a 3rd Party could be an offence as well.

                  The OP needs to contact the Police again & needs to be more forceful.

                  A PIN notice is a notice saying that you (the OP) regards the matter as harrassment (it does not state that the police regard it as harrassment). It states that if the unwanted contact continues the police will then investigate.

                  The police cannot & should not refuse to issue a PIN to the other party based on the facts.

                  Comment


                  • Sounds like Old Bill trying to fob you off because they know it’s a civil matter and/or they’re under manned/over worked.

                    Contact them again and tell them all that has gone on, that you would like them to issue a warning and why?

                    If they won’t respond then you send her a cease and desist letter confirming you regard her behaviour as using a 3rd party to contact you about a none existent debt as harassment contrary to the Protection from Harassment Act 1997 and that should she continue you may contact the Police to deal with it as criminal matter and/or without further reference to her initiate proceedings in the county court.
                    HOW TO COMPLETE AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) FORM?

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

                    I do not come on here in the evening, at weekends or on public holidays.

                    Comment


                    • I have left things alone and so far have had no further contact from the lady. However, today I’ve just received this through the door from her solicitor, does anybody know what it could be?

                      8C96538D-4447-4F29-9365-42BDDD905157.jpeg8AB0A5C9-D7EC-4486-8DCD-3EF13F08D796.jpeg

                      Comment


                      • Just a notice to say she's now got herself legal representation to deal with the case.

                        Is the reference the claim number ? Not sure what 'post-hearing matter' it is regarding though. An appeal? Were any costs ordered?
                        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment


                        • The claim number is exactly the same as the original claim. I’ve just rang the call centre to find out what’s going on, apparently the solicitor is now acting on her behalf and has written to the court to find out why the judge came to that decision (for what reasons).

                          The court have replied that that as it’s a judicial hearing they cannot give him any answers.

                          the courts have also said that the claimant has gone outside the appeal duration now. Although they can ask for special permission but this will be unlikely as the claimant had no decent evidence.

                          the lady from the court said maybe I shoul now get the police involved and get an injunction

                          Comment


                          • Yes, I think you need to apply to the court for an injunction under the protection from harassment act 1997 s.3A

                            Then should she breach the injunction you could further apply for a warrant of arrest under section 3 (3). Grounds for arrest would be under section 3 (6)

                            HOW TO COMPLETE AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) FORM?

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

                            I do not come on here in the evening, at weekends or on public holidays.

                            Comment


                            • Having had a quick look around it seems as if it is just a small practice (2 solicitors) and get the impression this is not their usual style of work - but if someone is prepared to pay then don't blame for taking it on no doubt hoping one letter will effect the desired result.

                              Comment


                              • Does a ‘after hearing matter’ mean it’s something between the claimant and her solicitor or has something happened at court?

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse
                                1 of 2 < >

                                SHORTCUTS

                                Pre-Action Letters
                                First Steps
                                Check dates
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                Witness Statements

                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                                We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                                If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
                                2 of 2 < >

                                Need Formal Help?




                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...

                                upgrade to vip

                                Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

                                only £15/yr

                                Offers available. No subscription traps.

                                sign up now



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X