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

[nemesis45]

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

The judge ordered a sum of about £490 to be paid I think. I haven't had the order through the post yet. So do I wait to hear from them or the court, or do I have to be proactive about this? Thanks

Hello Highwire,
Sorry to hear that you lost on this!!

However it matters not what the judge has ordered you to pay if you don't have the means to pay or can only pay £1 per month so be it.

nem

[FlamingParrot]

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

The judge ordered a sum of about £490 to be paid I think. I haven't had the order through the post yet. So do I wait to hear from them or the court, or do I have to be proactive about this? Thanks

Was the order forthwith, i.e. the amount to be paid "immediately"? If so, you could apply for a redetermination or a variation of the order. A redetermination can only be applied for within 14 days of the order being made and there's no fee. A variation can be applied for at any time using an N245 and paying a £50 fee (you may qualify for remission though). You've still got a bit of time so let's see what you get in the from the court in the next few days.

Meanwhile it would be a good idea if you could start preparing your income and expenditure statement. :typing: This is a link to the N245 so you can get an idea of the items that go under financial info: http://hmctsformfinder.justice.gov.u...s/n245-eng.pdf You may not need to fill in the actual form but it should give you an indication. You will find a useful online budgeting tool here: https://nedcab.cabmoney.org.uk/quickfs.asp There's no need to register and you can save your completed form as a Word document ready for use. :thumb:

[highwire]

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

The judge ordered a sum of about £490 to be paid I think. I haven't had the order through the post yet. So do I wait to hear from them or the court, or do I have to be proactive about this? Thanks

[FlamingParrot]

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

Thanks for the reply FP. I didn't use the 3 letters with this lot. I simply requested documentation via emails and then sent CPR requests when they submitted the claim. My defence didn't dispute the loan itself as the credit agreement was compliant, I disputed that it was ever in default and that the claimant referred to a legal assignment but couldn't produce it. As I say, had it not been for a letter from the liquidators, their claim would have been dismissed.

That was very unfortunate.

Do I submit an I&E to them directly or via the court?

Anything at this stage has to be done via the court. Can you tell us what was the order made by the judge?

I'm thinking worst case scenario and county court bailiffs are instructed.. I have no valuable assets in the house (but wouldn't let them in anyhow), and no car, no bike, no garden equipment etc. What can they do if they fail to cease anything after a few attempts? Do they eventually give it up or can they keep trying for years on end?

You may have read other bailiff stories, most of them would refer to council tax, parking penalties or magistrates' fines, which can be harder to deal with. With consumer credit debts, bailiffs are only used when people don't make any payments into their CCJs, if you agree with the court a token payment there is no reason things would even get to that stage. :thumb:

[highwire]

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

Thanks for the reply FP. I didn't use the 3 letters with this lot. I simply requested documentation via emails and then sent CPR requests when they submitted the claim. My defence didn't dispute the loan itself as the credit agreement was compliant, I disputed that it was ever in default and that the claimant referred to a legal assignment but couldn't produce it. As I say, had it not been for a letter from the liquidators, their claim would have been dismissed.

Do I submit an I&E to them directly or via the court?

I'm thinking worst case scenario and county court bailiffs are instructed.. I have no valuable assets in the house (but wouldn't let them in anyhow), and no car, no bike, no garden equipment etc. What can they do if they fail to cease anything after a few attempts? Do they eventually give it up or can they keep trying for years on end?

[FlamingParrot]

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

I'm sorry to hear that :mmph: and there's something I have to comment on because it's not the first time it happens, it would appear that people who started by following the infamous three letter process are not seen in a very good light by judges.

Was your defence based solely on the assignment point?

You need to submit an income and expenditure statement to back up your offer of token payments. It's always best to get this sorted sooner rather than waiting for the creditors to attempt enforcement. Having said that, bailiffs won't just turn up out the blue and HCEOs cannot be used to enforce debts regulated by the Consumer Credit Act even if over £600. Before bailiffs can be used, they'd have to apply for a warrant of control and under the new regulations, you'd receive an enforcement notice giving you at least seven clear days (excluding BHs and Sundays) before a visit by a bailiff. If you received such a notice you could apply for the warrant to be suspended, however, it's best to get it sorted before it reaches that stage. :thumb:

You are right that the bailiffs have no real powers if you refuse to let them in, however, they can still removed goods located outside such as cars, bikes, motorbikes and garden equipment stored in your shed and other outbuildings if they can access them without going through your house. As above, it's best to get it sorted before reaching that stage and there are lots of people with CCJs who pay just £1/ month if they can show that's all they can afford. :thumb: :thumb:

[highwire]

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

Just to let anyone who's interested know, I had the hearing this week and unfortunately the judge let them get away with it. I kind of expected it but what I didn't expect is for the judge to completely overlook their breaches of the civil procedure rules and FCA regulations. He simply was not interested.

He did however acknowledge Lord Denning's ruling re the deed of assignment and agreed that it is applicable and that an actual assignment is required. But then he decided that a letter from the liquidators (BDO) was sufficient enough evidence to prove that the debt had been legally assigned. So this had me a bit miffed. Had it not been for that photocopied letter from the liquidators, I would have won. There was definitely no DoA as they admitted at the hearing they relied solely on the evidence already submitted. It's a shame the judge knew the liquidation company and recognised their reputation.

Even though they now have judgement, it doesn't change the fact I have no money and can't pay it. Presumably, I'll have to offer a token of £1/month or wait to see if the bailiffs arrive? I understand that because the judgement is for under £600 they can't ever instruct high court bailiffs, only county court ones with no powers? Can somebody confirm this to put me at ease?!

[FlamingParrot]

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

Yeas it was a thread from Goodf months ago before my account was closed by their admin for exposing their total BS!

Oh dear! I'm sure they didn't like that!:ban:

I didn't use the 3 letters to this claimant thank god. I did use it a long time ago for different creditors before I realised what an absolute load of tosh it was!

That's reassuring to hear, :clap2: because, while the letters may well get the low level DCAs to put your account in the "return to OC" pile simply because they can neither understand them nor be bothered arguing about something they don't understand in the first place, judges do take a dim view of that approach and the name of that site doesn't help either. :mmph:

[nemesis45]

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

No, no admission of liability to them. I've never denied I had a payday loan with the original creditor. They are hinting at me 'playing a game' and questioning the justice system. But tbh, I think this will backfire on them as it shows they are trying to stalk people online. The FCA says firms should treat people fairly, with dignity and respect. I don't think online stalking falls into either of these categories.

That's ok,
Personally I think they are very foolish attempting to use this.
Your approach is you can seek advice anywhere you wish and it's nothing to do with them and you cannot be identified by the printouts.
Shame really that you can't find something on them and print it out in answer to their. No I didn't suggest that:tinysmile_twink_t2:

nem

[highwire]

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

Forum printouts are not evidence of anything. First of all, there is no way to prove those posts were made by yourself. I believe you may be referring to the GOODF site rather than this one (from previous posts), however, you have the right to seek help and advice from any source.

Did you actually follow the three letter process advised on that site? The content of communications between you and the creditor is much more significant than any forum posts. :thumb:

Yeas it was a thread from Goodf months ago before my account was closed by their admin for exposing their total BS! I didn't use the 3 letters to this claimant thank god. I did use it a long time ago for different creditors before I realised what an absolute load of tosh it was!

There are a ton of emails between myself and the claimant though. I've got so many unlawful threats from them including the threat of applying for a default judgement before the claim had even been processed. I sent them my benefits award letter and details of my £12k debt, yet they still say I should pay them £30/month. They'll be lucky if they ever see £1/month from me.

If I get a CCJ, I'd sooner apply for a DRO than pay them a penny. They've spend £190 on a train ticket for the hearing next week... I can tell them now (if they are still spying) that they will never see this back!

[highwire]

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

What's the content of the printouts? Admission of Liability?

nem

No, no admission of liability to them. I've never denied I had a payday loan with the original creditor. They are hinting at me 'playing a game' and questioning the justice system. But tbh, I think this will backfire on them as it shows they are trying to stalk people online. The FCA says firms should treat people fairly, with dignity and respect. I don't think online stalking falls into either of these categories.

[FlamingParrot]

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

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.

Forum printouts are not evidence of anything. First of all, there is no way to prove those posts were made by yourself. I believe you may be referring to the GOODF site rather than this one (from previous posts), however, you have the right to seek help and advice from any source.

Did you actually follow the three letter process advised on that site? The content of communications between you and the creditor is much more significant than any forum posts. :thumb:

[Berniethebolt]

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

highwire, maybe you could let us know your username on said comedy forum, I need cheering up
If you don't want to post just PM me, all I need is a name as I pop in there from time to time for a cringe

[nemesis45]

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

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.

What's the content of the printouts? Admission of Liability?

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.