A Cross-Community 'Project'!

[wales01man]

Re: A Cross-Community 'Project'!

I for one cannot wait to see the outcome of this.

I took a look at the other site mentioned read a few comments on their forums real eye opener I wonder if some of the posters and their remarks would survive on here?

[Amethyst]

Re: A Cross-Community 'Project'!

What makes you believe the claim is being heard at Administrative Court ?

''The jurisdiction of the Administrative Court is mainly to hear claims for judicial review, statutory review and appeals.''

[stevemLS]

Re: A Cross-Community 'Project'!

In any event High Court Judges sit in the Administrative Court, not Administrators.

This will be dealt with in the county court, by a District or a Circuit Judge.

[Marshall]

Re: A Cross-Community 'Project'!

My error

[Crazy council]

Re: A Cross-Community 'Project'!

hi

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

For fees, i think LIPs rate is about 18ph, you can argue for more under certane curcs. A claim for damages is going to be hard fought

There was absolutely no terms/conditions on the payment that they made

. nothing agreed over the phone or anything, no paperwork at all ? Full and final settlement, none acseptance of claim but offer of settlement, agreement to cease ?

The reason why am asking, is i am trying to think how the other side and judge may act to your claim if its not done properly.

Firstly. It sounds like the judge gave you specific instructions in relation to the application paperworkm make sure you do it all properly, in time, all formatted properly, complete and in time.

secondly, what do you think there defence will be and how will you counter it ?

[stevemLS]

Re: A Cross-Community 'Project'!

Crazy council - you have got the wrong end of the stick, mate, need to read the full thread.

[Marshall]

Re: A Cross-Community 'Project'!

Absolutely no conditions to their payment of £500. It was paid to the Court along with the Court fee's, and could not possibly have been subject to conditions.

[Crazy council]

Re: A Cross-Community 'Project'!

Crazy council - you have got the wrong end of the stick, mate, need to read the full thread.

Hi, i did struggle a bit to understand teh 20k claim. from what i can gather. A DCA took him to court over a debt of 2k ish. they stuffed up the process and he counter claimed for 500, hes trying to claim 20k in costs and damages.

Does he have a loss to them ??

I was thinking,

2k original debt claimant lost, defendant claimed 500, next claim, judge awards defendant ( dca ) costs of 1200 ish ). OP then is challanging this, claiming 20k for damages.

Then if the judge throws it out due to him not doing paperwork fully, he will be left with a 2.2k cost in total, and a DCA chasing a SD. Not a great position to be in.

Maybe a better idea for the OP to consider negotiating a truce with teh DCA, dropping all claims and them agreeing to write of any debt.

He seems to be claiming some contract, that i dont understand ?

[stevemLS]

Re: A Cross-Community 'Project'!

He is claiming a fixed sum for each time they contact him by any means other than letter. £500 was for a text. He got a default judgment for that and they stuffed up the set aside application.

The new £20.5k claim is for the other times he has been contacted.

The £1,200 costs order against him was for an interlocutory hearing in new matter. Amethyst has summarised it well towards the bottom of page 1

[Marshall]

Re: A Cross-Community 'Project'!

I've said before, really not fussed about bankruptcy. Rented house, rented car, most expensive thing I own is my Christmas Tree.

I do think there are some things that people are missing but nevertheless I thank everybody for their comments.

[Crazy council]

Re: A Cross-Community 'Project'!

hi

The new £20.5k claim is for the other times he has been contacted.

Is that legal, or possible. can you set your own costs. doesnt the costs charged have to represent value. ( like a trustees or solicitors does ).

was the 500 paid, just for a text message, or did they pay it to try end the case ( as costs inc ). Is the op under the impression that the judge agreed his case at 500 per text message, or 500 in total costs.

Does the previous order ty them into the payment of 20k in any way.

Marshal

I've said before, really not fussed about bankruptcy. Rented house, rented car, most expensive thing I own is my Christmas Tree.

But it stays on your record for years, plan ahead, things could be entrtly different for you in a few years so in my opinion its worth trying to avoid

Check your tenancy contract, make sure there is no conditions related to being insolvent ( or costs ). But, if you have other debts, bankruptcy might be a good idea

Do you have other debts,, ( if thats not being to noisy )

[Marshall]

Re: A Cross-Community 'Project'!

I don't have any other debts - very unlikely a solicitor firm will pay the £1500+ for bankruptcy + hearing + trustee, in return for £1 a week for the rest of my life If I pay at all.

[Wombats]

Re: A Cross-Community 'Project'!

I don't have any other debts - very unlikely a solicitor firm will pay the £1500+ for bankruptcy + hearing + trustee, in return for £1 a week for the rest of my life If I pay at all.

It is undoubtedly true that one can reach a financial position where it simply isn't worth their while making you bankrupt. I've asked creditors three times in the past to go ahead and do it when they threatened to as it would have helped us hugely. Not one of them did.