1st credit SD issued , HBOS debt **WON _ SET ASIDE**

[Lilythepink]

I do not want to go to court, as I work with the court system and don't want to go unnecessarily, as it would be embarrassing.

would have liked to have asked for costs, but as it is my first victory, I will leave it.

 

:)

[ODC]

It shouldnt be embarrassing. You are excercising you legal right and the thought of getting around £400 from these **** just in time for Christmas should ease any embarassment

[Lilythepink]

Right, will find out what my costs amount to, and go for it!!!

[citizenB]

Dont forget to come back and tell us what happens:D

[Lilythepink]

I will come back, as I am deteremined to CCA all my creditors, who have all been bought by dca's, as I have been on a dmp since 2003, and will only have my debts paid of by 2392, at a token payment of £1.00 to each of them each month. Don't know where they think I am going to get any more money - now if I won the lottery, I would have great pleasure in taking them to court:-x:-x:-x:-x

[ODC]

Right, will find out what my costs amount to, and go for it!!!

Litigant in person rate is £9.25 per hour plus40p per mile plus parking:)

[Lilythepink]

Litigant in person rate is £9.25 per hour plus40p per mile plus parking:)

I spent £6.00 on a solicitor for a swearing fee for the application, and then I had two days off work, and I must have spent a least a week every night on this website and reading up on it. Plus the carparking.

 

How do you provide proof of the time that I spent???

I am getting into this now, as Connaught only gave way when i CCA'd them and then told them as I did nt have the agreement, the debt was in dipsute????:p

[ODC]

About 10 hrs internet research and 10 hrs reading the law would be fair IMHO.

[Lilythepink]

Do I just itemise this in a letter? Including all my receipts?

[citizenB]

I am not sure how you go about doing this,huggia.. Hopefully someone will be along soon to advise you.

[MONX]

Huggia

 

this is what I used:

 

 

Costs For Set Aside Application Case No sd1234

 

 

Anywhere Combined Court 8th September 2008

 

 

Rate Claimed Litigant in Person rate of £9.25 / hour

 

 

DATE

 

 

WORK DONE

 

 

HRS

 

 

RATE

 

 

TOTAL

 

17/07/2008

RESEARCH INTERNET IDENTIFYING AND UNDERSTANDING RELEVANT LEGISLATION

 

3

 

 

9.25

 

 

£27.75

 

19/07/2008

RESEARCH INTERNET AND DRAFT CCA REQ

 

4

 

 

9.25

 

 

£37.00

 

20/07/2008

DRAFT SUBJECT ACCESS REQUEST TO OC

 

2

 

 

9.25

 

 

£18.50

 

25/07/2008

S.A.R - (Subject Access Request), CCA SENT VIA RECORDED DELIVERY

 

0.5

 

 

9.25

 

 

£4.62

 

31/07/2008

AFFIDAVIT SWORN IN AT COUNTY COURT

 

0,5

 

 

9.25

 

 

£4.62

 

07/08/2008

RESEARCH INTERNET IDENTIFYING AND UNDERSTANDING RELEVANT CASE LAW

 

4

 

 

9.25

 

 

£37.00

 

11/08/2008

RESEARCH INTERNET RE CON LETTER

 

3

 

 

9.25

 

 

£27.75

 

22/08/2008

RESEARCH LETTER FROM CON RE SD

 

4

 

 

9.25

 

 

£37.00

 

08/09/2008

ATTENDING COURT FOR HEARING (ASSUMED)

 

1

 

 

9.25

 

 

£9.25

 

 

 

 

 

 

£203.49

 

 

OTHER COSTS

 

 

 

 

 

EXP

 

 

TOT

 

 

 

 

 

POSTAGE

 

£15.00

 

 

 

 

 

STATIONARY

 

£2.00

 

 

 

 

 

TRAVEL COSTS

 

£4.00

 

 

 

 

 

TOTAL

£21.00

 

 

 

 

 

 

 

 

 

 

 

TOTAL £224.49

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notes

 

before undertaking this myself I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

[MONX]

Unfortunately when i cut and pasted it, its input it really strangely but you get the idea (I hope)

 

Monx

[Lilythepink]

Thanks Monx, I am just thinking back to my panic stricken filling in of the forms, and I am thinking that I did not dispute the debt of those forms, I have only found out that I am in dispute with Connaught/First Trust, as they could not supply the CCA, and I never had an account with the Halifax for that sum. I had a BOS debt, in fact I had a few. But I do not recognise the amount, as it is less than I actually owe!!!

And by the way, is the court hearing in public, or is it in a private room? It isn't like the big court where everyone is there, including prosecutors etc, or is this just the criminal court!!!:confused:

[MONX]

Huggia, dont worry, if you sent off a cca request and they didnt reply within the time limits this means that any alleged debt is in dispute and the insolvancy rules are that they cannot use a SD to enforce a debt that is in dispute. This in itself is a defence for having the SD set aside.

 

I can only tell you about my experience in the court room as i know some districts are different but from what I have seen on this site there seems to be a set way these things happen.

 

You will normally walk into a waiting room, bit like a large doctors waiting room, you announce yourself to the clerk at the desk who lets you know what court you will be in and if the other side have turned up. You will be called at the time of the hearing and will be shown into a room with a district judge sat at the head of a table, behind them is normally a reference library of law books, if the other side have turned up they will sit at one side and you at the other. It is an ordinary private room and its ok there are no prosecuters or anything like that .... that is for criminal cases and the like.

 

I was like you I was terrified and the night before the case, i had a nightmare that i would go into one of those dickensian wooden panelled courtrooms where the judge sat high on a throne with red coat and wig...i had watched the itv programme about Pierrepoint the day before so must have channelled some of that because I dreamed that the judge put a black cloth over his head and sentenced me to hang.....surfice it to say it was a dream and all went well for me, the SD was set aside and the judge awarded me costs.

 

I know it is easy for me to say relax, but I have been where you are now and I can promise you after you have done it you will wonder what you got so panicked about.

 

Just make sure that you have all your documents, copies for yourself and the other side if they turn up (originals go to the judge) and make sure that you have all the envelopes showing posted dates etc and al proofs of your postage and special/recorded delivery advice slips. This all shows that you have been the responsible party here and that the DCA are basically using the insolvancy regime in order to facilitate collecting on spurious debts when they havent done thier homework.

[Duffers Mum]

I know when I went to have my 1st Cretins SD set aside the judge asked me whether I owed the money to them, to which I replied "no sir, I don't believe I owe them a penny as they cannot provide the correct documentation which proves I do", he was happy with that and awarded me costs which 1st Cretins have paid me and I have happily spent.

 

Good luck, it really is nothing to worry about

[citizenB]

Huggia, when do you have to go to court ?. As the others have said this is all very informal and it is NOT a criminal offence. You have absolutely nothing to worry about.

 

Monx, the reason your cut and paste took on a life of its own is because of document formatting, tabs etc.

[Lilythepink]

thank you so much everyone. It is the 26/11 and I have taken a day off work. I want to be strong, but I have felt so so ashamed about everything, and been brow beaten by so many bully boy DCA's that I feel so guilty about the whole thing.

I also CCA'd Robinson Way, got a letter back saying that they have requested a copy of the CCA, so I will just have to wait!!!

Does anyone know who I write to, if the debt was originally BOS and First Credit are now saying it was the Halifax!!!

Thanks again everyone, I will try and stand up for myself, and build a bit of confidence, maybe when I get this court appearance over:)

[citizenB]

thank you so much everyone. It is the 26/11 and I have taken a day off work. I want to be strong, but I have felt so so ashamed about everything, and been brow beaten by so many bully boy DCA's that I feel so guilty about the whole thing.

I also CCA'd Robinson Way, got a letter back saying that they have requested a copy of the CCA, so I will just have to wait!!!

Does anyone know who I write to, if the debt was originally BOS and First Credit are now saying it was the Halifax!!!

Thanks again everyone, I will try and stand up for myself, and build a bit of confidence, maybe when I get this court appearance over:)

 

I have to admit I was confused with this.. If I understand it correctly,

 

There is Halifax Bank of Scotland known as HBOS

 

and

 

Royal Bank of Scotland RBS.

 

So, you should be able to get your CCA from Halifax Bank of Scotland - HBOS.

 

You have nothing to be ashamed about. {{{}}}

[Lilythepink]

thanks again. I wil do this.

The ashamed bit comes from never having missed a payment all my life, and then suddenly it all goes pearshaped. but I have been very responsible since it all happend, and set up a dmp by myself, and then through payplan, so I think I have acted responsibly

[citizenB]

thanks again. I wil do this.

The ashamed bit comes from never having missed a payment all my life, and then suddenly it all goes pearshaped. but I have been very responsible since it all happend, and set up a dmp by myself, and then through payplan, so I think I have acted responsibly

 

You certainly have acted responsibly and like others on CAG you will come through this a stronger person.

[Lilythepink]

I just wanted to ask First Credit and Connaught, why were both their names on my SD, as I CCA'd them both, but only got a reply from Connaught, saying that they are withdrawing the SD. Why have 1st cretins not replied, as they are now out of time? Any suggestions what to do? Which letter to send and to whom?

 

 

 

 

Thanks for that. I have Payplan chasing me for an updated budget, where do my creditors think that I am suddenly going to get money:-x:-x

Edited November 17, 2008 by huggia91

[Lilythepink]

As you know, I am going to court next week to set aside a sd, and to claim my costs.

My latest query is, who do I send the costs to, Connaught or First Credit. Connaught are the ones that have replied saying that they will not be attending court and are agreeing to set aside the demand.

Anyone help?????:(

[citizenB]

huggia, I think you take it to the court with you. I am not certain though. Hopefully, someone who does know will be along soon.

 

Just to let you know.. connaughts are the solicitors for 1st credit and as such any communications should go through them, connaughts.

[Lilythepink]

thank you citizenB.

So do you think I should just take the costs document with me, rather than sending it to them both......

[citizenB]

Hi huggia, because I am still not certain about this, I have sent a pm to Monx who helped you with the cost schedule originally. I also looked at the thread he/she has regarding connaughts and it looks as though the issue of costs was raised IN court so I would say that is what you do. Take them with you to court. Make sure you ask for costs to be awarded to you and be prepared to be asked how you arrived at the costs.

 

Hopefully, Monx will be able to respond to the pm and confirm for you.