Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hi Ame,

Thank you for this information.

As of today, no update to share.

I'm still pondering my options

Regards,
AdvS1.

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hello Guys,

It’s been some time since I’ve been on here.

I hoped that things had been sorted with this particular issue, but it’s still ongoing and I need some help.


Scenario:

With this case, after originally getting the judgement in my favour, the defendant asked for a ‘set aside’ order (form N244A) stating that they had moved address and received no correspondence.

It’s funny as they managed to update the regulatory body and Companies House with their new addresses, but not the court.
It ended up with my doing that in late February when I handed in a response letter to the court.
I sent my response to their set aside order directly to the defendant, and the response back was vitriolic.

He accused me of using underhand deploying tactics right from the beginning, etc, etc.
Completely untrue.

The fact was, that because the court had his old address any correspondence would have been sent there anyway and he hadn’t bothered to set up a forwarding address.

It was my intervention that made the details on their system match his current address.

To cut a nasty story short (from his side), I attended the set aside hearing where the judge granted it in his favour even though the defendant:

* hadn’t submitted a defence
* hadn’t submitted a defence in time
* said that he had a copy of the defence and his assistant had sent the original to the court. He provided no proof of this.
* didn’t bring a copy of it with him to the hearing
* said that the amount owing was much less that my original quote - about £100.00
* lied saying that he kept me up to date with business correspondence

The judge urged us to settle this out of court and that I should talk to him to sort things out. I agreed.

Outside of the hearing room, I went looking for him but he ran out the building before I could contact him face-to-face.
For a big built man, he moved very quickly.

He was given a deadline to submit the defence, which he did, although I don’t seem to have the full information, as he stated in his letter.

His main concern is that the leads/customers provided were not done by cold-calling and that I didn’t use leaflets to gain clients that went against regulatory guidelines.

I didn’t, to any of that.

I only ever used their website which was supposed to be compliant.

Now after I sent an email stating that I agree with the judges comments for us to communicate and settle out of court, I requested from him the up-to-date amount owed and for him to draw up a letter confirming that the leads were gained within the stipulated regulations.

He replied. Basically he stated:

* I am due £100.00 (1 lead) minus costs for him to have attended court. Balance = less than £30.00

* I must reject the back-end offer due relating to that lead, in light of this settlement offer

* Three of the leads referred by me are not proceeding, so I am subject to not being paid for them or that clawbacks may be due to the defendant.

* If I don’t accept this proposal, and a court hearing is allocated, he will send a panel Solicitor to represent him and I will incur further costs from that.

Defendant already said in an email that he would counter-claim against me and that I would lose if it went to court due to the evidence he has against me.
　

Due to his defence being submitted, the General Form of Judgement or Order said:

“ IT IS ORDERED THAT

1. Judgement set aside on condition that the Defendant files and serves a detailed defence by 4pm (today).

2. Upon the filing of the defence the case shall be referred in box work to a District Judge for allocation.

3. The Defendant‘s address for service is………….”
　

What does in box work mean?
Can anyone help me with responding to this?


He’s a real nasty piece of work.

The judge took him to pieces at the hearing as he was stammering and stuttering and getting very flustered with his responses.

He couldn’t face me while I was right in front of him, but is a “big man” in emails and letters.

He has only partially replied to my email and I still have not received info he said that was sent in the defence pack (deadline date today).

Just to confirm, the agreement he wanted me to sign was originally dated December 2008, valid for one year.


I can also provide fax copies of the N24 form and emails, if required.
　
Regards,
AdvS1.
　
　

[Amethyst]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

boxwork is basically without a hearing the judge sitting at his desk doing his paperwork.

You have a full copy of his defence now ? ( R or S ?)

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hi there Ame,

Thanks for your reply.


No.

I only have the one page "N24 General Form of Judgement or Order" form that was received on Tuesday 16th March 2010.

Nothing else came with it.

[Amethyst]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Okay call the court and ask them for a copy - or pop in and pick a copy up.

he is meant to have served a copy on you as well.

need that to work on your case.

We already have your contract etc.

And backend fees wise he's probably right that there are none. So you are basically only looking at the £400, however you need the case files etc from which ever solicitor they farmed the claims out to to evidence this (well, he does)

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Okay, I will.

I'll come back to you with an update

Thank you so much.

Enjoy your day

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hi Ame,

I rang the court today.
They had not received the defence paperwork yet. I was told that I should call back on Tuesday 23rd March.

Today I received the paperwork, from the defendant just after 4pm.
It contained the following:

a. Defence Statement (2 pages)
b. Appendix 1 = emails sent between myself and defendant (I’ve already seen these)
c. Appendix 2 = introducer pack with defendant name and date November 2008 (first time I’ve seen this)
d. Appendix 3 = agreement between the defendant and their solicitors (first time seeing this)
e. Appendix 4 = defendant’s reply letter (July ‘09), my notice of intended court proceedings, my 2 x invoices for payment (already seen these)
　
In point 3 of the Defence statement, the defendant has lied.
They never asked for any info from me until I requested a referral update and payment of the invoices I sent, in December 2008.

All of the above happened after they had already had access to and received payment from the clients.

I’ve already said and reminded the defendant that all the clients were acquired through his own company website.
They took on the clients and accepted their payments.

Without paperwork being signed (from me), wouldn’t they be contravening their own regulatory guidelines that they are now trying to push onto me?

This point of my email was not answered by the defendant.

I’ve also seen previously on another website where it is stated that the same defendant reneged on paying another introducer their commissions, and then terminated their contract.

I believe the same matter may be mentioned here in the paperwork (appendix 1).
　

Please let me know which piece of paperwork you may want to see?
I'm afraid I dont have a scanner but can forward emails and can fax paperwork upon your request?


Regards,

AdvS1.
　
　

[Amethyst]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Can you pm me the final Particulars of Claim you entered first pls.

Then it'd be most useful to see the defence - you have the fax number from last time still ?

What are your feelings on the back end fee's now ?

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hi Ame,

Yes, I'm sure I have the fax number.

Sorry Ame, I've got my Friday head on :tinysmile_aha_t:
The final particulars, do you mean the first one dated in September 2009?

My feelings on the back-end fees are that I did the work in bringing him clients that wanted the service, his business benefitted and yet he wants to hold onto the payments.

Even now with the small amount payable (no proof given, just on sayso), he still wants to hold onto over 70% of it.

From that client, the back-end is still payable, but he wants me to waive it in acceptance for this settlement.


I'll fax over the poc very shortly.

Thanks.

[Amethyst]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

So only one claim is due a backend fee. He;s saying that is £100 due to you.

Subsequently the introducer will also receive from the company 50% of net
proceeds paid to the Company by the solicitor upon successful claim of
damages or back end fees for each claim.

The £100 front end is based on claims over £5k. So his argument is that on that claim which was sucessful his company received £200 damages from the solicitor and the £100 is half of that.

He should be able to prove this with paperwork.

Does that sound like a standard back end fee to you on a 5k claim ?

you dont have to pay his costs for attending court, you followed all preaction, hes refused to deal with you, failed to defend etc if he is now admitting he owes you £100 on top of the £400 front ends then he has lost, or if anything costs would be proportional to the parts of claim he's admitted and denied (and i'm guessing he's denied the entire claim and just came up with the £100 bit in court?)

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hi Ame,

Thanks for your response.
I just want to reply to each point.

Re: “So only one claim is due a backend fee. He;s saying that is £100 due to you”
Yes, correct.

Re: “Does that sound like a standard back end fee to you on a 5k claim ?”

No, the standard back-end fee is £500.00 per claim

Re: “you dont have to pay his costs for attending court, you followed all preaction, hes refused to deal with you, failed to defend etc”

I’m glad about that.
It just shows that even with the judge’s recommendation to amicably sort this out, he’s still trying to be sneaky with wanting to decrease the settlement amount.

Also, just to re-emphasise, after I agreed to work with them, they brought in rules that they applied to everybody that they want me to adhere to, that wasn’t in place in the beginning.

Re: “if he is now admitting he owes you £100 on top of the £400 front ends then he has lost, or if anything costs would be proportional to the parts of claim he's admitted and denied ** (and i'm guessing he's denied the entire claim and just came up with the £100 bit in court?)” ]

** Yes, you hit the nail on the head. That amount minus costs and that I should agree to that final figure.


Regards,
AdvS1.

[Amethyst]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

The £100 referral commission you got for each claim - that was regardless of whether the claim succeeded or not, yes?

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Yes,

I believe so.

Hence the client's mandatory 14 day cooling off period.

[Amethyst]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

That's how it reads in the agreements too - prior to these cases you got paid £100 for each referral after the 14 days ?

Therefore he owes you £400 which he hasnt paid you for, plus the % of whatever backend he gets for the one that is proceeding.

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Okay.

I'll come back to you about this.

Thanks very much.