A Cross-Community 'Project'!

[Marshall]

Hello absolutely everybody

I am Marshall, originating from another forum, I won't say which one because it would seem very unfair to advertise

Some of you may know of me and my Claim? Anyway....

I had a Claim from akinika Debt Recovery Limited for £2000-ish, no biggy! I billed them for contacting me, and they racked up invoices of over £30,000.00!! Whhheeyyy!


I took them to court for £500 to keep the costs low, and expressly stated in the Claim that it was a portion of the amount owed.


They failed to Defend the Claim, I got a Judgement by Default, and without making an application to set aside the Judgement, they paid!!!!


I then invoiced them for the remaining £20,500.00, and this is were they got solicitors involved. They made a Defence which I proved was a lie, and I made an application to strike out the Defence. So I am at the hearing for my application, in my suit, and the Counsel representing the Solicitors turns up. Unfortunately because my Claim didn’t include a copy of the agreement, the Judge said he couldn’t grant my application, however he also wasn’t willing to dismiss the Claim due to there being a payment of £500 previously.


Anyway, the Solicitors were awarded costs of £1025 for the application hearing, which I have expressly told the Solicitors I will be setting off against the Claim of £20,500.00.


Now, they have made an appointment to serve a Statutory Demand on Tuesday, which I will then be applying to set aside on the grounds of set-off against a Claim which has previously been proven as having Merit by a Judge (in the application otherwise he would have dismissed the Claim).

Any thoughts from people? I am fairly competent, just looking for the general opinion of those who bothered to read :santa_wink:

I am very confident. Got another hearing in Feb.

Thanks!

[Amethyst]

Re: A Cross-Community 'Project'!

Oh dear. Hi Marshall you are welcome on the forum Sorry I don't go to the other forum nor do I know about your case. I can guess though and I disagree, but priority is to make sure you don't end up with a bankruptcy petition over these costs.

So as I see it, the current situation is you have a Statutory Demand for payment of costs awarded by the Court being delivered to you on Tuesday.

You lost the application hearing and costs were awarded against you. Those costs have been awarded and must be paid.

Do you have a copy of the order from the court ? ( with regards costs )

Also need to know exactly what the status of the claim is ( for the £20,500 ) is that still in the court system awaiting a further hearing, evidence etc ?

Regards

Sharon

[stevemLS]

Re: A Cross-Community 'Project'!

I forsee a number of problems you face.

As amethyst says, the costs awarded against you must be paid. You cannot set them off against a mythical £20,500.

A default judgment, essentially, proves nothing other than the other side couldn't/didn't get there house in order.

I take it you didn't produce a copy of the agreement at the last hearing, ultimately, because there isn't one.

To litigate for c5% of a claimed sum in order to avoid costs is, in all probability, likely to be seen as an abuse of process.

I fear you are on a hiding to nothing other than landing yourself with a judgment for the original debt together with a load of costs.

You have been lucky, so far, it seems to me, but as soon as the court looks at the substance of the issues I think you will find your luck runs out.

Best of luck with it, though - let us know how you get on.

[Amethyst]

Re: A Cross-Community 'Project'!

Regarding them defending the £20,500. How did it get to that point from them paying the £500 default judgment previously, did you go back through the court ( you only say you invoiced them) or did they apply to set aside the original default judgment after you invoiced them ?

Need a bit more info on how that moved from a £500 default judgment being paid , to a defence being entered and an application hearing.

But really that is separate from the costs issue - which just needs to be paid.

[Amethyst]

Re: A Cross-Community 'Project'!

....................

Dear Mr *******,

I am writing to inform you that the defendant has called at the public counter this morning and made a payment of £***.00 in satisfaction of the above claim. Also, the defendant has requested that the application to set aside judgment is withdrawn. As the payment has been made at the court, you will receive the payment once the clearance period of 14 days has elapsed.

Should you have any queries, please do not hesitate to contact me on 01772 844742. Also, I would be grateful if you can acknowledge receipt of this email.


Many thanks,

***** *******
Administrative Officer
Preston County Court

[EXC]

Re: A Cross-Community 'Project'!

Anyway, the Solicitors were awarded costs of £1025 for the application hearing, which I have expressly told the Solicitors I will be setting off against the Claim of £20,500.00.

I agree with stevemLS & Amethyst.

You can't set a statutory demand off on the basis that you might win the claim at some point.

What is the basis for the £20,500.00 invoice you are claiming for?

[Amethyst]

Re: A Cross-Community 'Project'!

lol @ their original set aside application - that's appalling, not surprised they decided to pull out of that.



Presumably that was before they got solicitors involved.

[Marshall]

Re: A Cross-Community 'Project'!

Thanks guys for the lovely welcome

Absolutely I can set off the outstanding amount against the Claim. The Defendant made an expressed 'application' to strike out the Claim at the hearing of my application, which the judge dismissed. Also the Judge did shout at the Counsel because where an application to set aside the Judgement wasn't made (it was issued but not carried forward therefore not mate), we do not know of the reason for that payment despite them claiming it was based on a Commercial Decision.

Although I lost the application, I came up trumps because I asked the Judge for another chance to file and serve further Particulars of Claim, which was granted. I filed my new Particulars of Claim within the time given, the Defendant has not filed a Defence within the time given. The Claim as it stands is undefended, which is why I believe their attempt to bankrupt me has become so apparent.

[Amethyst]

Re: A Cross-Community 'Project'!

Right so you actually submitted a further claim for the £20k. They defended ( can you point me to that as your thread is a bit long over there) then there was an application ( can you point me to that too) - which was heard at a hearing - and costs were awarded against you at that hearing. It's fine to link to posts on GOODF ( see I did guess right) so I can try work out exactly where we are.





( regardless of all this you must pay ( or arrange to pay by instalment ) the costs as ordered by the court. )

[Amethyst]

Re: A Cross-Community 'Project'!

Thanks guys for the lovely welcome

Absolutely I can set off the outstanding amount against the Claim. The Defendant made an expressed 'application' to strike out the Claim at the hearing of my application, which the judge dismissed. Also the Judge did shout at the Counsel because where an application to set aside the Judgement wasn't made (it was issued but not carried forward therefore not mate), we do not know of the reason for that payment despite them claiming it was based on a Commercial Decision.

Although I lost the application, I came up trumps because I asked the Judge for another chance to file and serve further Particulars of Claim, which was granted. I filed my new Particulars of Claim within the time given, the Defendant has not filed a Defence within the time given. The Claim as it stands is undefended, which is why I believe their attempt to bankrupt me has become so apparent.

Okay can you do a timeline list with links to/uploads of docs from when you bought the £20k claim.

1: Claim Form xxxxxxxxxxx
2: Defence
3: Application
4: hearing
5: judgment/costs order from hearing
6: revised POC
7: revised defence?
etc

[Marshall]

Re: A Cross-Community 'Project'!

The original £500 Claim was given Default Judgement, they then applied to set aside Judgement, which they didn't carry through and they paid the day before the hearing.

[Marshall]

Re: A Cross-Community 'Project'!

Okay can you do a timeline list with links to/uploads of docs from when you bought the £20k claim.

1: Claim Form xxxxxxxxxxx
2: Defence
3: Application
4: hearing
5: judgment/costs order from hearing
6: revised POC
7: revised defence?
etc

I suppose I can Bear with me.

[Amethyst]

Re: A Cross-Community 'Project'!

I suppose I can Bear with me.

Thank you, I know it's a pain but rather than me try figure it out from reams of threads OTR just be a lot simpler.

Solicitors - Wright Hassall LLP


The costs are from the £20k claim so we can ignore the £500 claim for now.

[Marshall]

Re: A Cross-Community 'Project'!

Would I be able to PM it to you? Forgive me but actually a lot of this stuff I would rather not be on the open forum.

[Amethyst]

Re: A Cross-Community 'Project'!

email is fine. admin@legalbeagles.info .

Thank you.

When you get the statutory demand served on Tuesday can you send a copy of that too ( redact your personal info). Personally I would sort out paying / agreeing instalment payments BEFORE Tuesday.

The judge was very nice, I did lose my application to strike out the defence, on the basis that the particulars of claim aren't good enough. I did request that he use his powers to order me to make a new particulars of claim, which he granted!!

The solicitor did turn up, and he said that there is no contract, to which the judge said well there must be something, because £500 was paid to the claimant. The defendant made an application to strike out the claim, but that was also declined.

The judge has shown an interest in the claim, and has advised me to seek legal advice (yeh right) in writing my particulars of claim. He basically spelled it out for me... he wants the contract, and the action that holds the defendant in tacit with that contract, so basically the previous payment of £500, or the continued calls to me which creates the tacit.

I have to pay solicitors fees for this application, he wanted £1600, but the judge knocked it down to £1000. I am going to make a request for a payment plan, otherwise I won't be able to pay £1000 in 14 days.

So basically the judge didn't throw the case out, he has just asked for a refresh of the particulars of claim, and a new defence to go along with the new particulars.