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Help Please being taken to court

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Post by angelao1 on Wed Jun 13, 2018 10:05 am

Not in the original one but in the amended one I have put it in

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Post by waylander62 on Wed Jun 13, 2018 10:55 am

Ok, you seem to be on top of things now.

if this was definitely paid in 2012 then this must be your lead argument, it is good that you have already told 1st credit this.

Any proof from the bank would also help, but i appreciate this is not always easy to get hold of. What you could do is submit a SAR , subject access request to the bank, they MUST respond in 40 days at the latest.

any SAR can ask for specific information it does not necessarily mean the bank has to provide you with everything . So you could send a SAR and request statements and specific information relating to that particular payment, statements for 2012 only.

gather as much evidence as you can now, what we need to do if possible is get them to discontinue before the final hearing.

any paperwork you file into court from here on in you must end with a paragraph which says " and the defendant reserves the right to apply for reasonable costs in defending this claim "

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Post by angelao1 on Wed Jun 13, 2018 12:56 pm

Thanks for this I will do as you say

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Post by angelao1 on Wed Aug 01, 2018 5:55 pm

I thought I'd let you know what has happened
Drafted and filed as you suggested then the case was dismissed by the court as the plaintiff failed to pay the fee

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Post by waylander62 on Wed Aug 01, 2018 9:20 pm

@angelao1 wrote:I thought I'd let you know what has happened
Drafted and filed as you suggested then the case was dismissed by the court as the plaintiff failed to pay the fee

Lol, well done you. Has the court struck out the claim officially ?

you obviously frightened them off Smile

i would, very soon make an application to the court for your reasonable costs in defending this claim, get yourself a few quid.

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Post by angelao1 on Thu Aug 02, 2018 6:22 pm

Yes, the only notification I got was from the court

Yes I will apply for reasonable costs as they have wasted my time with their harassment

Thanks for the help .... very much appreciated

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Post by daveiron on Thu Aug 02, 2018 6:39 pm

Hi angelao,

great news, could you please post this in the success section, thanks.
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Post by waylander62 on Thu Aug 02, 2018 6:42 pm

yes and when you get your costs on this one post your successful costs result in the success stories as well

its about time we hit these scumbags for costs each time we can

Good idea. Suggest that all self represented litigants take a prepared submission on costs with them to the court hearing. If they win then they can simply mention to the mag that they have the matter of their costs to raise and the mag will deal with it then and there.

Saves posting paper back to the court or a second trip back to the court and possibly even a costs hearing which would likely be delayed anyway.

eg;
15 minutes to read a letter
45 minutes to consider the letter content and develop a response to the letter.
30 minutes for writing a response to the DC or Court and proof reading.

What law says you are not allowed to charge a DC your schedule of rates to engage in commerce with them over a debt?

I think assassin put a schedule up a while back so searching might bring it up.

Perhaps the first letter to the DC could say "I agree to communicate with your office on this matter on the condition that all communications are in hard copy writing only and in no other way, and that you agree to pay my included/attached schedule of rates for my time and incidental expenses." By continuing to write to me on this matter is your agreement to these terms and conditions.

A bit cheeky I know but it might make them think twice about chasing some debts and it might put pressure on them to provide proof of claim earlier.


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Post by angelao1 on Thu Aug 02, 2018 9:41 pm

Will do

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Post by handle on Fri Aug 03, 2018 2:51 pm

do you have to apply for costs, or can you just send them an invoice?
Making an application to the court would incur an application fee cost, would it not?

If you as the defendant win then raise the issue of costs while you are still there in the court room.

Having your documented detailed costs ready to hand up to the mag gives you your best chance of getting your costs granted then and there. The mag will usually make a ruling then and there. They may not give you all that you ask for but its all worth a try.


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Post by waylander62 on Fri Aug 03, 2018 8:37 pm

@handle wrote:do you have to apply for costs, or can you just send them an invoice?
Making an application to the court would incur an application fee cost, would it not?

No it doesnt work like that, you cant send an invoice and you should not have to pay to apply for costs, you simply write to the court requesting the claimant pay your costs in defending this claim

LIP £17.00 per hour ( i think )

postage, letters, printing,

this is probably small claims so wont get a lot, but they have behaved unreasonably, you told them the debt had been paid prior to issuing a claim, put this in your application for reasonable costs.

have helped do this twice in recent times, both occasions defendant got £400.

If this was over £10k then it is a different matter.

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Post by angelao1 on Sat Aug 04, 2018 6:41 pm

Thanks a lot , I will get onto it

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Post by waylander62 on Sun Aug 05, 2018 3:05 pm

after you succeed on this point , then there is another little matter we might look into Cool

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Post by angelao1 on Tue Aug 07, 2018 11:50 am

Ok

Just about to write the letter where would I find the list of costs etc?
Thanks

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Post by waylander62 on Tue Aug 07, 2018 8:08 pm

@angelao1 wrote:Ok

Just about to write the letter where would I find the list of costs etc?
Thanks

you dont really find it, you have to piece it together yourself, or pay a small fee to a costs expert.


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Post by angelao1 on Wed Aug 08, 2018 10:17 am

Thanks
I can do that just wondered if there was a list I could crib from somewhere

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Post by Ausk on Mon Aug 13, 2018 7:52 am

If you as the defendant win then raise the issue of costs while you are still there in the court room.

Having your documented detailed costs ready to hand up to the mag gives you your best chance of getting your costs granted then and there. The mag will usually make a ruling then and there.

They may not give you all that you ask for but its all worth a try.

People have been reimbursed for phone calls, biros, stamps etc, but it doesn't happen all the time though.

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