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

[highwire]

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

Thanks for all the replies guys, it's all very helpful info.

They have sent me the credit agreement together with the T&Cs, however this was long after my CPR request and the submission of my defence. There is no original default notice as the account did not ever default, and there is no proof the claimant is able to enforce the agreement as they can't prove a deed of absolute assignment has been executed.

Either way, I can't pay, so won't be paying. I have explained to the claimant about 5 times my dire financial situation. I've been on ESA/JSA on and off for two years and have zero disposable income. Perhaps by actually sending them a copy of my DWP forms they might believe me..?

No harm in trying I suppose. They have now paid the hearing fee and claim they will be attending even though I have reminded them I can only ever be ordered to pay £1/month if they win. They are either really stupid or mind-bogglingly stubborn. You'd think they'd try and cut their losses. After all, they will have only paid about £30 for this account from the bankrupt lender!

[jon1965]

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

I have read this all but may have missed it. I know they sent you a copy of the agreement but was that through CPR or through a S78 request. If a S78 request did they include the terms and conditions, I didn't see any.

If not it may be worth sending one off

The other point, as already suggested is that it may be worth writing to them and explain that you are on benefits with no current prospect of work and as such there is little point in pursing the claim . I have many debts and I have written to most of them saying put up or shut up, I have no money and no assets, so far just get the odd letter and some have been written off

[nemesis45]

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

The hearing is about 5 weeks away but the claimant keeps writing to me begging to settle. Presumably this is a good sign. I told them I'm broke and have absolutely nothing to lose by defending their claim. Now they are insisting that I send them a budget planner to show my surplus income. I'm not obliged to do this am I? I'm on benefits and I thought only the court can request proof of this?

I'm actually looking forward to the hearing now, I'd like to see what the judge says about their failure to produce the documentation, failure to comply with CPR and attempting to make false legal determinations against me! Even if they somehow get judgement, I'd like to see how they are going to try and enforce it. They can't take what I don't have!! :clap2::clap2::clap2:

You can always use a tried and successful way of getting this sorted, write to the claimant and ( if you want send an I &E statement) telling them the basics and their claim and the costs involved are not going to achieve their expected result, there is no money, nor is there likely to be.

nem

[FlamingParrot]

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

Hi guys,

Just received the Notice of Allocation to the small claims track. The judge has ordered a hearing of the claim for mid August. It mentions that I must file my witness statement with the court but is that to my local county court or the NCCBC? Does that have to posted in or is there an option to do it online?

If there's going to be a hearing, the case should be transferred to your local court.

Also, regarding my witness statement, should this differ much from my original defence? I have submitted a comprehensive defence already but should I alter it at all to make it into a witness statement? I don't really know what I'm doing from here!

Thanks in advance

Although this refers to a different issue, you will find an example WS here, it should give you an idea as to the format: http://docs.google.com/viewerng/view...sstatement.pdf This post also has some examples of other people's WS: http://www.legalbeagles.info/forums/...ness-Statement

The hearing is about 5 weeks away but the claimant keeps writing to me begging to settle. Presumably this is a good sign. I told them I'm broke and have absolutely nothing to lose by defending their claim. Now they are insisting that I send them a budget planner to show my surplus income. I'm not obliged to do this am I? I'm on benefits and I thought only the court can request proof of this?

Anyone can 'request' a financial statement but only a court can order you to submit one. TBH, if you are defending this claim, I don't see why you'd need to submit one at this stage.

I'm actually looking forward to the hearing now, I'd like to see what the judge says about their failure to produce the documentation, failure to comply with CPR and attempting to make false legal determinations against me! Even if they somehow get judgement, I'd like to see how they are going to try and enforce it. They can't take what I don't have!! :clap2::clap2::clap2:

If it came to that you could try settling with a Tomlin order to avoid a CCJ. That would be the time when your income and expenditure statement becomes relevant. :thumb:

[Debt Camel]

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

You aren't obliged to do it, no.

On the other hand, your income and expenditure probably shows no surplus if you are on benefits, so why not? Seeing you have no income means they are more likely to not bother pursuing this, if you refuse they may think there is some point.

[highwire]

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

The hearing is about 5 weeks away but the claimant keeps writing to me begging to settle. Presumably this is a good sign. I told them I'm broke and have absolutely nothing to lose by defending their claim. Now they are insisting that I send them a budget planner to show my surplus income. I'm not obliged to do this am I? I'm on benefits and I thought only the court can request proof of this?

I'm actually looking forward to the hearing now, I'd like to see what the judge says about their failure to produce the documentation, failure to comply with CPR and attempting to make false legal determinations against me! Even if they somehow get judgement, I'd like to see how they are going to try and enforce it. They can't take what I don't have!! :clap2::clap2::clap2:

[highwire]

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

Hi guys,

Just received the Notice of Allocation to the small claims track. The judge has ordered a hearing of the claim for mid August. It mentions that I must file my witness statement with the court but is that to my local county court or the NCCBC? Does that have to posted in or is there an option to do it online?

Also, regarding my witness statement, should this differ much from my original defence? I have submitted a comprehensive defence already but should I alter it at all to make it into a witness statement? I don't really know what I'm doing from here!

Thanks in advance

[nemesis45]

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

I just phoned the moneyclaim online service, they told me the claim has been transferred to my local court and I should call them. So I called them and they said the claim is in a queue and I must not call them again for at 4 weeks as they're very busy. They wouldn't tell me anything else about the claim or whether they received the documents. About as helpful as a chocolate teapot these court staff!

In practical terms the courts are snowed under, cut's in court staffing levels and office opening
times have made matters much worse, the vast majority of the court staff all around HMCTS are
extremely helpful even when they are under great pressure.

nem

[FlamingParrot]

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

I just phoned the moneyclaim online service, they told me the claim has been transferred to my local court and I should call them. So I called them and they said the claim is in a queue and I must not call them again for at 4 weeks as they're very busy. They wouldn't tell me anything else about the claim or whether they received the documents. About as helpful as a chocolate teapot these court staff!

The are overloaded and underqualified, that's the problem. Having said that, it's always better when court staff don't tell you anything than when they take it upon themselves to give you the wrong information, which has also happened.

Hearing calendars tend to be always full and the legal process does take a long time to unfold. I've had two hearings on a totally different matter which dates back to the end of last summer and I'm still waiting to hear from the judge, and when I do, it won't be the end of the matter yet.

Sadly that is the nature of the legal system. All you can do is try to put that out of your mind for now, :ranger: otherwise the waiting can drive you up the wall. :clock:

[highwire]

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

I just phoned the moneyclaim online service, they told me the claim has been transferred to my local court and I should call them. So I called them and they said the claim is in a queue and I must not call them again for at 4 weeks as they're very busy. They wouldn't tell me anything else about the claim or whether they received the documents. About as helpful as a chocolate teapot these court staff!

[nemesis45]

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

So it's been about 6 weeks since I last heard anything about this claim. Do claims normally go quiet for a couple of months before any hearing dates are provided? Also if the claimant discontinues, would I be notified?

It would be advisable to check to see if the court has received documents and to see if the claim
has been stayed, a quick call to the court office is all that's needed.

nem

[FlamingParrot]

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

So it's been about 6 weeks since I last heard anything about this claim. Do claims normally go quiet for a couple of months before any hearing dates are provided? Also if the claimant discontinues, would I be notified?

As you heard from the mediation service, it sounds like you already received and returned your directions questionnaire. It can take time for a hearing to be scheduled. I know someone who received a claim before Christmas and was only heard in May.

[highwire]

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

So it's been about 6 weeks since I last heard anything about this claim. Do claims normally go quiet for a couple of months before any hearing dates are provided? Also if the claimant discontinues, would I be notified?

[highwire]

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

That is quite sensible of them. It will now be sent over to your local court, so you should get a notice that it has been allocated, then you should get a letter from your local court with directions on, and possibly a hearing date

If your defence asked for specific documents the court may order those to be produced before going to a hearing.

Ok thanks Amethyst. Hopefully they will be ordered to produce the relevant documents.

I have also read somewhere that courts/judges seriously frown upon claimants bringing claims to court when they know the defendant has no means of paying or is in serious financial hardship? I have made it categorically clear to the claimant that I have zero disposable income, no savings, no assets and no property, yet they insist i will have to pay in full if they are granted judgement.

I'm not sure of what constitutes 'vexatious claim' in the eyes of the court, but the claimant knows they'll never receive more than £1/month even if they do win, so I cannot understand their perseverance over an account they probably only paid £30 for!

[Amethyst]

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

Update:

I received a call from the mediation service who explained that the claim is not suitable for mediation due to insufficient documentation from the claimant... they said they will refer it back to the court for direction.

Anyone know what this really means and what happens next?

That is quite sensible of them. It will now be sent over to your local court, so you should get a notice that it has been allocated, then you should get a letter from your local court with directions on, and possibly a hearing date

If your defence asked for specific documents the court may order those to be produced before going to a hearing.