zamlat
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Everything posted by zamlat
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why is this forum so dry?
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No I didnt use that form, it was a basic word doc form, which i obtained from another forum. IN THE COUNTY COURT AT xxxxxxxxxxxx Claim No: BETWEEN NAME xxxxxxx and NAME xxxxxxxx DEFENDANT’S SCHEDULE OF COSTS The defendant seeks costs which has resulted in the defense of this default judgement. The costs below are based upon the hourly rates set out in The Litigants in Person (Costs and Expenses) Act 1975 (as amended). The current hourly rate for a Litigant in Person is £19. Item Description Hours spent Costs 1 Legal research 5 xxxx 2 Witness Statement 2.5 xxxx 3 Drafting of Draft Order 0.5 xxxx 4 N244 Application fee xxxx 5 Administration costs e.g. photocopying, postage etc. xxxx Total Costs: £xxxxx Each hour is worth 19 pounds.
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Mission accomplished good people! The judgement has been set aside and all costs awarded to the tune of over 500 pounds. The judge commend my research and praised the quality of my WS and evidence also the claimant solicitor congratulates me for a good fight. I hereby thank every single person who have contributed to this thread and have submitted one thing or the other. The battle has just begin though because, my draft order requires them to re-submit the claim form within 12 days of judgement today. I need to have my defense fine tuned prior to receiving it. I have already drafted one which is available for review. You are wrong on this, I know clearly that costs can be awarded, I was able to obtain the schedule of costs elsewhere, and was awarded my full costs, in fact DJ asked me if I have an invoice from a solicitor also, which I said I am only billing for my time used in researching my defense, N244 application fees, time used to draft my WS, and draft orders, including my costs for postage and photocopies were also awarded. I would suggest that people without clear knowledge should refrain from posting on this forum because this one post from dx100uk, would have cost me over 500 pounds in recovered costs, if I was not able to present my schedule of costs when asked by the DJ. I will politely request that dx100uk refrain from posting on this thread. I appreciate his/her understanding in this matter. I have not benefited abit from his posts only confusions, I will like someone who has patience to read posts properly before commenting and have relevant knowledge before posting. I have not relied on one source for my research so I know when someone is posting for the sake of posting. Some people just come here to post and have fun, this case is a serious matter, people come here looking for genuine information and assistance, if you dont know it better to just keep your fingers away from the keyboard and let someone else with good knowledge and experience help. Once again dx100uk kindly stop posting on this thread. while i progress on my full defense. Thank you. This is wrong, costs can be awarded to the winning side. I have proven it today.
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I need some examples of schedule of costs, do I need to have that ready to hand over to the judge so the claimant can pay, because they would be required to pay costs. Can I have some examples please? i have it in my draft order that the claimant pay the costs. The fees to set aside and the time used to prepare defence WS, etc, and legal advice etc.
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Also I need example of schedule of costs, do I need to have that ready so the claimant can pay ?
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I perfectly understood everything, i only got confused when you stated " you need a brief defence to the initial claim" in post 28 above. Of course, I know clearly that I would need to defend the resubmitted claim post set aside. I guess you would have stated you will need to set out your defence post set aside, then it would be clear. Anyway thanks for your help. I got it clearly now. I have already drafted my defence, which would be issued when I receive the new claim form. I will also post here for comments from members.
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Defence Points • The debt has not been verified or confirmed. Firstly, the claimant need to confirm there was a credit agreement with Lloyds. The claimant statement - Stated a credit agreement was entered with Lloyds, No evidence of this has been provided. • Strongly believe the claimant has deliberately issued claim form to non-existing address with a view to obtain default judgement unopposed, because there has not been any correspondence received from the claimant at any point before the judgement was issued, in a clear abuse of court process. Defendant had updated his address details on voters list and there is high likelihood that the claim form would have been returned because the post code had been pull out of service. • If they can confirm the credit agreement was actually with Lloyds, evidence of deeds of assignment to claimant is required. • Deeds of assignment from Lloyds to Aktiva • Deed of assignment from Aktiva to PRA Group • Evidence of default notice issued, to confirm the defaulted amount is required. • No application was made for credit card in the first place, challenge the claimant to produce original application form for credit card. • As a student there is no way my credit limit would have been £14K, the current account with Lloyds TSB at the time was a student current account. • Evidence that credit limit is required to establish the defaulted amount stated by the claimant. • Illegal charges e.g. solicitors fees, I have searched the database of SRA for PRA group as a registered solicitor, no result was found, yet they presented themselves as the solicitors on the claim form and charged solicitors fees illegally. See the attached evidence of the SRA search result. Please let me know your thoughts guys, please kindly take your time to read before posting. thank you very much. I just want to have some defence points in place just in case the judge ask for them?????? Although the set aside argument is fully based and reliant on CPR 13.2, which requires that the judgement must be set aside because of defective acknowledgement of service.
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Yes the claim particulars are on the thread above. the set aside hearing is tomorrow morning, how should one conduct oneself during the hearing? what questions should be posed to the claimant? Is there anything I should be aware of ? Can I have example of schedule of costs to be submitted, cos the claimant would be responsible for the costs? Thanks Extracts from the WS: 4. Civil procedure rule 13.2 states 13.2 The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because– (a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied; I respectfully submit that the conditions in rule 12.3.1(b) were not satisfied as the Claim form had not been served on me in accordance with the CPR, and in such circumstances the Judgment must be set aside. 5. In the alternative, I respectfully invite the Court to exercise its powers under CPR 13.3 to set aside the Judgment as the interests of justice require that I am allowed to defend this claim in circumstances where I have not been formally served with the Claim form, and in any event from the limited facts available to me there appears to be a valid Defence with a real prospect of success. 7. The owners of the estate decided to demolish it, and as a result I had to vacate the premises. I attach at exhibit XUSYSS a copy of the photographs which I have obtained from the internet showing the demolition works which were undertaken. Prior to this I had no warning that a claim had been issued in fact I had not even been informed that the account had been transferred to the Claimant. 11. The claimant had served the claim form on non-existing address, following the demolition, the address does not exist and all mails to this address should have been returned. I attach exhibit YSHSYSHS a copy of the Royal Mail post code search which I carried out and which shows the post code does not exist any longer. In fact at the time the judgement was being passed, the property had already been demolished. 12. I have not received the claim form thus do not know what the claim is about without having sight of the claim form, therefore, I require them to re-serve the claim form together with serving all documents mentioned in the claim form as set out in the attached draft order. Other evidence submitted: - Evidence of termination of tenancy from the house due to be demolished. - Letter notifying creditor of change of address - New tenancy agreement showing date of move to the new address. - Photos of the house being demolished. Please let me know your thoughts and example of schedule of costs which would be submitted post hearing for the claimant to pay the costs. Thanks
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Also post judgement, the judgement was obtained since last year, they would have made some attempts to enforce the judgement, and would have attempted to send out letters which would have been rejected or returned to them by the post office, they know clearly that they have obtained the judgement on a non-existing address and should have done the right thing to perform some some due diligence a basic credit file check would confirm new address even if they deny the OC has not pass on change of address letter to them.
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Do you have any defense ideas for pre 2007 credit card agreement?
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Kind of connected, I want to understand what remedies are available, if it was found out that the CCJ has cause harm because the process that led to judgement had not followed the legal requirements, where it was obvious the statement of truth is clearly statement of lies and no due diligence. Where judgement was obtain through backdoor means where the forms were sent to demolished house with none existing address, address had been pulled out by Royal Mail.
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I like the title on this page, true reflection of what happened. Great Job. I like to PM to Andy for some reason I cant because I have not posted enough is that right? Can Andy kindly send me a PM so hopefully I will be able to respond. Thanks in advance.
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Thanks Andy
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I will like to know the legal position on seeking compensation or counter claiming for wrongful CCJ which has been successfully set aside, especially if the CCJ has cause the defendant to loose their job and unable to secure gainful employment while the CCJ was in force, costing over 12 months of income and bad credit rating. What legal ground is available to seek for damages, compensation or counter claim against wrongly applied default judgement, which has been successfully set aside? Experience people with strong legal background is allowed to comment on this post, take no offence please. Any statement must be backed up with proper legal case or evidence. Thanks good people.
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Thank you so much Mercyblue, at last I have someone who have carefully read my post before commenting. Thank you very much. I like those questions raised, they are legitimate questions which I can confidently ask during hearing. Thank you very much.
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Kindly provide the link here, as you know we have thousands of links on here, kindly help with the correct link. Thanks
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What details do you need from the claim form? I will give them. My view is that some of them deliberately sent claim form to the old address knowing fully well that the person no longer live there so that they could obtain default judgement. - done on 85% of 750'000 claim forms issued every year. ( what do you mean by this? you mean 85% of claim was sent to correct address? we do have a reference to this? any news paper article to back this statement up? This would be useful if you can substantiate this with an evidence. I need to reiterate this for you, it seems you have no patient to read through properly before writing stuff. My argument to set aside is beyond paper work, it's based on some of the reasons I have already stated many times. The paper work request came just to be prepared for the defense when the new claim form is submitted. It would be nice to have the papers ready when the new claim form is submitted by the claimant. You said you want to know the details on the claim form, what exact details do you need? do you have any legal background to provide advice? Thank you Andy, I think you sound much more helpful. You said '.as long as you have the proof the Judgment Claimant was aware of your address your set a side should be successful', what sort of proof are you referring to here? All I have is a copy of the letter sent to the OC, photos of the house demolition, proof that the post code no longer exist from Royal Mail, proof that electoral roll was updated. Per defense, to get ready for this I have made a CCA 77/79 request which the claimant has agreed to provide, including the deeds of assignment to them. The deed of assignment is the only proof that the debt has been sold to them. I have never heard from them before no notice of assignment was sent, probably sent to a demolished address which I believe would have been returned to them by Royal Mail. The reason why am here is to seek more reasons for defense, where the amount being claimed is totally inflated and I disagree with. Any clear statements around default notices etc. I have my defense notes written already just need some more views from someone with appropriate experience to add to it.
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Let me answer your question have you a copy of the CCJ and the claimform?? I am not sure if you have read this whole message before this post. Let me answer, and please kindly read through the post carefully before commenting. The CCJ was discovered while checking through the credit report, no claim form was seen because it was sent to a demolished address. I believe the claimant has a duty to ensure that the claim form is sent to the current address of defendant by conducting some due diligence and credit report checks, electoral roll checks etc. My view is that some of them deliberately sent claim form to the old address knowing fully well that the person no longer live there so that they could obtain default judgement. About what you said on freeman site, i dont even know what you are talking about, i know nothing about the site you just mentioned. The reason why am here was to get concrete answers to the questions raised by people with appropriate experience or legal background. Per this statement - if you didn't inform the owners of your debts nor the original creditor of a move then they were quite legally entitled to serve the claim to an old address and thus get a default judgement I notified the OC of the move, i have a copy of the letter to the OC, also updated electoral roll with new address and also the address had already been demolished with the judgement was obtained, meaning the claim form would have been sent back to the court by the Royal Mail because the post code no longer exist. I did a post code search and obtained photo evidence of demolition too. Per the deed of assignment that you rubbished. I believe without this how can PRA proof that I owe them? have you checked PRA v Brunt?
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Hi good people, I have recently made a set aside application against a CCJ, I then made a CCA 77/79 request to the claimant (PRA), who then wrote back to me to inform me that they have requested the documentation from Original Creditor (OC). Also I made a request to see the deeds of assignment too, they stated that they do not provide a copy of the deeds of assignment, but could as a matter of good gesture provide a copy during the set aside hearing, with all the confidential information blanked out. My questions are: 1. Are they allowed to present blanked out information as evidence in this sort of case? And what is the implication of these alterations and changes to the case, could this hamper the strength of their evidence? 2. No CCA 77/79 was presented as of now, although the hearing is slated for mid next month. 3. As the set aside application was based on the fact that the claim form was sent to a demolished house, and that I only found out about it after checking my credit report. 4. I strongly believe that the default judgement would be set aside, and right now am working on perfecting my defense against any future claim which would be re-submitted within 12days of set aside judgement. 5. Also it looks like the claimant is looking to defend my set aside application, but till now I have not been sent a copy of their WS. Should I write to them to confirm whether they are seeking to defend against my set aside application, if they said yes, should I ask them to send me a copy of their WS? 6. Post set aside, I need help drafting a good defense for the claim to be re-submitted. 7. Is it possible to send my draft defence to someone with legal background to review and comment for me? Kindly provide comment for each of the point stated above. Thanks
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I have a case with PRA, made a CCA request for information and deeds of assignment, they only write a letter to say they have requested for the information from OC and the deeds of assignment is a confidential information consisting of their business secret, but they agreed in the letter that they will bring it to the CCJ set aside hearing but they said they will blank out confidential info. What defence options do I have in this scenario ? No CCA request was honoured What happened in case the deeds has been altered as stated Also the fact that I have not been given opportunities to review the document before hearing ? If they are challenging my set aside application, I have not been presented their WS?
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Cabot and RBS Credit card Debt - Statute barred?
zamlat replied to mikehibberd's topic in Dealing with Debt in Scotland
Will payment of token amount extend the duration when statute barred will occur?
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