HELP !! Statutory Demand

[mpc1975]

Re: HELP !! Statutory Demand

OK have had letter back from the county court confirming the hearing date to be in just under 3 weeks. So any advice for what I need to do now or any preparation I need to make. Am a bt nervous as never been in a court situation before!!

Also had a letter back from Hamptons about a week ago acknowledging CCA request saying they have requested copies from the original lender but saying they might not be able to meet the 12 working days deadline as it will depend on when the lender can send it !! Is currently 9 working days not including date they would have received it. Another thing in their letter they only mention that I requested credit agreement and statements, but I also asked for executed deed of assignment from original creditor and DCA and a fair processing notice.

[talktalk]

Re: HELP !! Statutory Demand

OK...you'll need to find your resolve and show the judge just how angry and upset you are at having to deal with this....you will also need to submit your costs to the court so they are in the court file at least 24 hours before the hearing....just read and have knowledge of your defence. You will be saying that they have failed to provide any of the relevant paperwork despite your requests made under the civil procedure rules and your legal request made under the Consumer Credit Act 1974.

By the time it gets to court it is unlikely they will have complied with your CCA request and / or the Civil Procedure Rules (Please bear in mind that despite the fact that you have used the civil procedure rules, under normal conditions they can't usually be used in the insolvency court and only in the civil court) BUT what you have done is made more than a reasonable attempt to get information, and if for any reason whatsoever the judge is getting difficult or in your own eyes not being fair, then you request that the judge orders the other side to provide a full portfolio of paperwork....as long as you have any potential triable issue then a judge should set aside....be aware that judges can vary wildly. But be polite, call the judge Sir/Madam and don't iterrupt whilst he/she is speaking and speak a little louder than normal.....bearing in mind this DCA is using the insolvency laws to collect a debt.....I think you'll be fine, be brave and don't be a soft target !!! and don't forget to ask for your costs....

COSTS

Title a sheet of paper - LITIGANT IN PERSON COSTS

and it will look like

10 hours of research into the Consumer Credit Laws @ £9.25 per hour
10 hours of research into the Insolvency Laws @ £9.25 per hour
Costs of postage
Fuel at 40p per mile
------------------------------- merged -------------------------------
Make sure you take a few copies of everything with you to the court...

[mpc1975]

Re: HELP !! Statutory Demand

Hi talktalk thanks again will work up costs and drop them in a few days before hand, will keep you posted on anything else.

[CleverClogs]

Re: HELP !! Statutory Demand

COSTS

Title a sheet of paper - LITIGANT IN PERSON COSTS

and it will look like

10 hours of research into the Consumer Credit Laws @ £9.25 per hour
10 hours of research into the Insolvency Laws @ £9.25 per hour
Costs of postage
Fuel at 40p per mile

What about photocopying costs, costs of printing letters and cost of stationery?

[talktalk]

Re: HELP !! Statutory Demand

Yes...thanks for that CC !!

[CleverClogs]

Re: HELP !! Statutory Demand

It's a pity that the court won't award costs for extra booze consumed.

[mpc1975]

Re: HELP !! Statutory Demand

Hi all

Received a letter from Hamptons over the weekend I think which they are offering as their response to my CCA request. Saying statement as requested enclosed. (no mention of credit agreement deed of assignment etc), but the statement is just a print off of a screen from Lloyds Debt Manger. Which shows some basic information in the first page then a list of transactions with dates. Is this in anyway valid ???

Also for the costs is there a realistic amount of hours I can bill out for the court costs and when it comes to having them put in the file do I just drop into the court and ask them to do so?

Thanks for all your help

And I wish I could charge for extra booze because that would be a serious bill

[talktalk]

Re: HELP !! Statutory Demand

Well in that case they are still in default of your legal request for a copy of your agreement, they have not provided (despite your requests made under the civil procedure rules) any deed of assignment to prove the debt has not been shifted offshore thereby not enforceable under UK law.....(you can tell the judge all of this)

And as for costs, then you may have spent 10 hours studying the Consumer Credit Act and 10 hours studying the Insolvency Laws and Civil Proceudre Rules....so as an example 20 hours @ £9.25 + postage, mileage, etc etc...

[CleverClogs]

Re: HELP !! Statutory Demand

Received a letter from Hamptons over the weekend I think which they are offering as their response to my CCA request. Saying statement as requested enclosed. (no mention of credit agreement deed of assignment etc), but the statement is just a print off of a screen from Lloyds Debt Manger. Which shows some basic information in the first page then a list of transactions with dates. Is this in anyway valid ???

No; stercus bovi est.

When one reads about that inadequate response, one might be reminded of the rhyming slang for "Hampton Wick".

[mpc1975]

Re: HELP !! Statutory Demand

Hi all just compiling my cost for court, do I need to put the receipts in when I submit (ie postage and parking) or do I take them with me on the day.

Also i have included the mileage for the trip I will make for the hearing is that ok as I will be submitting it before hand?

Finally do you think 10p per page is reasonable for each page I have had to print off and copy?

Thanks

[talktalk]

Re: HELP !! Statutory Demand

Sounds good and you don't need to provide receipts....just make sure they are in the court file 24 hours before (and get receipt for posting or fax transmission report) or of course take them in yourself.....

[mpc1975]

Re: HELP !! Statutory Demand

All done delivered costs to court by hand, they told me I also needed to 'serve' them on Lowell, so have posted a copy to them recorded as well. Roll on next week

[ODC]

Re: HELP !! Statutory Demand

Lowell will either bottle out or instruct some junior solicitor along to court to try to salvage something from this. They issue these SDs as a scare tactic to intimidate people into ringing their threat monkeys. Unfortunately most people do exactly that. Those that do decide to fight them usually win and get a few quid for their trouble. They arent called the Leeds Losers for nothing

[mpc1975]

Re: HELP !! Statutory Demand

OK I now fully understand by what is meant by 'Leeds Losers', have had my hearing today and what absolute idiots they are !!!

I turned up at the court 15 minutes early, and after announcing to the reception that I was there I was approached by some exceptionally young and very junior individual who wanted to introduce himself as representing Lowell and have a conversation with me about Lowells position. After I very briefly but assuredly explained to him that surely that is what the hearing was for and that I wouldn't speak to him until then he scuttled off quite quickly.

Then when we were called into the hearing was when the fun really began. Without me having said a word the 'representative' from Lowell proceeded to tell the judge how they had no idea if and when they would be able to supply the information required of them from the CCA and CPR requests so in light of this they were not looking to contest the set aside !!!!!

The judge took quite a dim view on this and wanted to know why this was not done at least 48 hours before the hearing as should have happened. To which he was told by the representative that he wasn't sure and that the instruction from his client was only received in the last day or so ( I am guessing about the time they received my served notice to claim costs of upwards from £200). The judge then asked me about costs even though there was nothing in the file (lesson learned I hand delivered the costs to the court but they had gone missing so remember always send recorder !!!) He didn't dispute that the paperwork was lost, so he then asked the representative to respond to a possible awarding of costs. There defence was that they had only just been made aware that there was a dispute (well I only just found out about so it would have been hard to dispute it sooner !!!!) and that supposedly his client had sent 15 letters on the matter previously (bull****) and that it was my far the matter had gone this far.

To which the judge looked at him daft and told him it was a shame that they had chosen to go down this route to try and collect an unsubstantiated debt. He then award me costs (reduce the amount downwards by 50% sadly) and so off scuttled Lowell and their representatives once again.

So I would like to say a very big thank you to all the assistance and support that has been offered and I am now fully ready to deal with any other debts head on so expect more posts

One final question on this matter though, what is the situation now the debt has been set aside and is disputed?

[Crispybacon]

Re: HELP !! Statutory Demand

Hi MPC

That is indeed fantastic news and thanks for updating the thread. Its great to see someone defending, because if you hadn't then things would have gone Lowells way.

The fact that Lowells are now going to have to pay some of your costs only makes it more juicy.

Scary thing is though, how was it ever allowed to get that far in the first place.

Best

Crispy

OK I now fully understand by what is meant by 'Leeds Losers', have had my hearing today and what absolute idiots they are !!!

I turned up at the court 15 minutes early, and after announcing to the reception that I was there I was approached by some exceptionally young and very junior individual who wanted to introduce himself as representing Lowell and have a conversation with me about Lowells position. After I very briefly but assuredly explained to him that surely that is what the hearing was for and that I wouldn't speak to him until then he scuttled off quite quickly.

Then when we were called into the hearing was when the fun really began. Without me having said a word the 'representative' from Lowell proceeded to tell the judge how they had no idea if and when they would be able to supply the information required of them from the CCA and CPR requests so in light of this they were not looking to contest the set aside !!!!!

The judge took quite a dim view on this and wanted to know why this was not done at least 48 hours before the hearing as should have happened. To which he was told by the representative that he wasn't sure and that the instruction from his client was only received in the last day or so ( I am guessing about the time they received my served notice to claim costs of upwards from £200). The judge then asked me about costs even though there was nothing in the file (lesson learned I hand delivered the costs to the court but they had gone missing so remember always send recorder !!!) He didn't dispute that the paperwork was lost, so he then asked the representative to respond to a possible awarding of costs. There defence was that they had only just been made aware that there was a dispute (well I only just found out about so it would have been hard to dispute it sooner !!!!) and that supposedly his client had sent 15 letters on the matter previously (bull****) and that it was my far the matter had gone this far.

To which the judge looked at him daft and told him it was a shame that they had chosen to go down this route to try and collect an unsubstantiated debt. He then award me costs (reduce the amount downwards by 50% sadly) and so off scuttled Lowell and their representatives once again.

So I would like to say a very big thank you to all the assistance and support that has been offered and I am now fully ready to deal with any other debts head on so expect more posts

One final question on this matter though, what is the situation now the debt has been set aside and is disputed?