A Cross-Community 'Project'!

[stevemLS]

Re: A Cross-Community 'Project'!

The entire basis of the claim, it seems to me, is that OP devised a "fee schedule" by which he purported to levy charges each time the DCA (he admits the debt) contacted him.

Put as diplomatically as I can, nonsense, it seems to me. As I said, as soon as a Judge actually looks at the substance of it (and the DCA appears to have dealt with set aside application in a shockingly amateur fashion) that is where the substantive claim ends.

As to the costs, you simply cannot set off an amount you have been ordered to pay against an unevidenced, unsubstantiated and untested claim you have issued.

[Wombats]

Re: A Cross-Community 'Project'!

I don't believe it is illegal or unlawful for them to contact you, nor I'm afraid do I think they contracted with you in any way, so to my mind you have nothing for which to invoice them.

You may have been lucky with the £500 - well done! Going for a sum as large as £20500 was never going to be easy, and was always going to expose you to costs. As it turns out these were £1025 (£275 over the threshold for bankruptcy), hence them servnig the Statutory Demand.

You cannot offset it as there is nothing against which to do so. By far the best thing for you to do is pay it to avoid bankruptcy. They have a strong case and with no disrespect to you whatsoever, I honestly believe you have no case. Sorry!

If you cannot afford the £1025 all at once, at least get the debt down to under £750 before they serve you the SD on Tuesday. Once under £750 they cannot make you BK if they have not yet served the SD I don't believe; you can then enter into an arrangement to repay the remaining costs owing.

I really would advise you strongly not to pursue the FMOTL techniques here as if you do, I think you'll end up regretting it.

Good luck.

Apologies for crossed posts - was OTR reading the threads!

[Marshall]

Re: A Cross-Community 'Project'!

Absolutely in no way am I pursuing FMOTL or Sovereign techniques.

I am absolutely fine with bankruptcy.

I have made an offer for payment which they have rejected, and have proven that is my affordability by way of income and expenditure.

I absolutely can, under CPR Part 16, 16.6, claim set-off.

[Marshall]

Re: A Cross-Community 'Project'!

I also have strictly denied any involvement with Paypal or the Defendant with regard to the money they were trying to claim from me.

[Marshall]

Re: A Cross-Community 'Project'!

Nor have I in any way mentioned that it is illegal or unlawful for anybody to contact me??? Where has this been mentioned?

I have always left a totally free means of contact, via post.

The contract is totally ALLEGED, an ALLEGED contract which has been PERFORMED upon by an offer of £100 from the Defendant, and an actual payment of £500! As it stands, the Claim is wholly undefended as the Defendant has failed to submit a Defence as ordered by the Court, and I have an application for Summary Judgement pending an outcome!!!

[Amethyst]

Re: A Cross-Community 'Project'!

You want CPR 44.7 for costs.

Time for complying with an order for costs

44.7

(1) A party must comply with an order for the payment of costs within 14 days of –

(a) the date of the judgment or order if it states the amount of those costs;

(b) if the amount of those costs (or part of them) is decided later in accordance with Part 47, the date of the certificate which states the amount; or

(c) in either case, such other date as the court may specify.

You could set off against another costs order ( ie if you had won costs against them and they had other costs against you )

Set Off

44.12

(1) Where a party entitled to costs is also liable to pay costs, the court may assess the costs which that party is liable to pay and either –

(a) set off the amount assessed against the amount the party is entitled to be paid and direct that party to pay any balance; or

(b) delay the issue of a certificate for the costs to which the party is entitled until the party has paid the amount which that party is liable to pay

[Marshall]

Re: A Cross-Community 'Project'!

I am fairly comfortable with the way I see it at the moment :reindeer:

[stevemLS]

Re: A Cross-Community 'Project'!

Amethyst has explained it in detail, I think you are mixing up two entirely different sets of circumstances in which set off can be applied.

[Amethyst]

Re: A Cross-Community 'Project'!

Okay that's fair enough.

Summarising your case as I see it.

First Claim
Claim of £500 ( for unpaid invoice ref text message )
Default Judgment.
Set aside applied for ( very poor application )
DCA gave in and paid before hearing.


Second Claim
Claim of £20k odd ( for further unpaid invoices )
Defended by DCA
You applied for summary judgment
Hearing - you lost your application and were order to pay their costs.
At the hearing they asked your claim to be struck out, but Judge said no ref the £500 paid already, order you submit new POC.
You submitted new POC
They were ordered to defend by xxx date and didn't ?
You applied for summary judgment
hearing of application in February ??


Costs
Costs order given
You offered XXX instalments on costs
They ignored? or turned down offer?
They have told you they will be serving Statutory Demand on Tuesday.

Let us know what happens then xx

[Marshall]

Re: A Cross-Community 'Project'!

Yes that is correct Amethyst, the hearing in Feb is to see if the parties have complied with the orders of the Court. I have done so to the best of my affordability and disclosed Income and Expenditure to prove, I believe I am entitled to set-off but obviously the rules in this area are fairly vague. Either way the Court cannot put MY claim into difficulty just because of my failure to afford Costs, as that would go against the Overriding Objective of the Court.

It has been expressed that I have made my offer of payment of the Costs.

The Defendant has failed to Defend the action, and instead wrote to me saying that they choose to use their previous defence, of which my new particulars is based to rebut everything

So clearly their old Defence wont do.

Anyway thanks everybody for your input, I will comment back here once I have some form of results, and admit defeat honourably should I have to

Hehe

[Amethyst]

Re: A Cross-Community 'Project'!

In that case I wish you good luck xx I would like to read your new POC and their original defence they intend to rely upon but completely up to you if you want to share it.

[Marshall]

Re: A Cross-Community 'Project'!

Sure, I will e-mail them now

[Amethyst]

Re: A Cross-Community 'Project'!

Thanks xx

[Crazy council]

Re: A Cross-Community 'Project'!

Hi

The £ 20k you have claimed for

Is it costs, or costs and damages ?
Do you have a proper accounted breakdown, itemising the costs ( you will need it ) ?
and if it includes damages, can you quantify them
can you find case law that rules similar ( works wanders with magistrates ).

be careful with the statutory demand, listen carefully to the others on her who are very good at sorting out statutory demands if its possible. And, be very carfull around court if your claims are considered inappropriate, especially if your in front of a judge not a magistrate..

If they have had a bad day,,, you might get punished with a large costs claim,


Update, Also, when they paid you the £ 500, did they mention any conditions, and surly they are just going to say to the judge the payment was a commercial dissension to avoid the costs of further action. If they do and you loose, wwhhhooooo

[Marshall]

Re: A Cross-Community 'Project'!

Thanks crazy council.

The Claim is for fee's, all itemised for each instance, however my Claim expresses the damages caused by the negligence of the DCA.

Also, I have included some case law concerning the creation of a contract.

There was absolutely no terms/conditions on the payment that they made I see where you are going, you might just be understanding the reason for the bigger Claim....

To be totally honest, worst that can happen is bankruptcy and that really doesn't bother me.