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

[ODC]

Send a copy of the expenses to whoever issued the SD. It was whoever issued the SD that caused you to go to Court and have it Set Aside therefor they are the people who should pay your costs for their frivilous action

[Lilythepink]

So send it to Connaught Collections?

Also I have received a Eversheds letter telling me one of my Egg debts have been passed to Moorcroft, received a letter from Moorcroft today, and they are asking for a payment in full or an arrangement. Payplan manage my debt plan, and at the moment I am paying a token payment to Eversheds.

Question: Do I immediately CCA Moorcroft or do I just pass them to Payplan?

[Duffers Mum]

Take everthing to court with you just to be on the safe side.

 

Personally I would send a CCA to Moorcroft and maybe cc in Payplan, but somebody more knowledgable on this subject will no doubt advise further.

 

Good luck

[Lilythepink]

My printer is broken, and I am having an awful time trying to print things off in work, and hoping no-one will see me. I have yet to type out the costs and I am going to print off the royal mail recorded delivery receipts. I have so much to do, and I have to get them sent off 24 hours before the court date??? So much to do, and the DCA letters are flying through the door:confused:

[citizenB]

Huggia, I know it is easy for me to say... but calm down, panicking will only lead to mistakes. Sort out all the documents for the court first.. then start on the others. You could make a list of things that need to be done in the order they need to be sorted, that might make it a bit easier.

 

Do you have a friend that will let you use their printer ?. You could transfer all the letters and bits that need printing on to a disc and just pop it into their computer. Failing that, what about your local library ?

[Lilythepink]

thanks for the advice, I am calmer now, tomorrow I will sort all my paperwork out, and borrow my sister's printer. I will get it sorted somehow.

Will copy the costs schedule and will go over how I came to the different sums.

Hope this time next week I will have won the costs???

by the way every time I look at your little cat with headphones on, it makes me smile. it is so cute.....

[citizenB]

thanks for the advice, I am calmer now, tomorrow I will sort all my paperwork out, and borrow my sister's printer. I will get it sorted somehow.

Will copy the costs schedule and will go over how I came to the different sums.

Hope this time next week I will have won the costs???

 

by the way every time I look at your little cat with headphones on, it makes me smile. it is so cute.....

 

That's good. It is scary but you have a lot of support on CAG.

 

I am pleased the disco kitty makes you smile

[Lilythepink]

Completed my costs schedule at work today, and printed it out. I wish it was all over.

do I need a covering letter to send with the costs?:p

[MONX]

Send a copy of the expenses to whoever issued the SD. It was whoever issued the SD that caused you to go to Court and have it Set Aside therefor they are the people who should pay your costs for their frivilous action

 

 

Huggia as ODC says you send a copy of your costs to the DCA's named on the SD, you MUST do this at least 24 hours before the hearing...send by special delivery and make sure you have a recieved reciept... if this is not possible i suggest faxing a copy to them and make sure you have proof of reciept...you then give this in at the court at the hearing to prove that you informed them that you would be asking for costs and the break down of them...and that they have recieved it.

 

Apparently the county court is more likely to award costs if you have done this...i have seen cases on here where the CAGgers didnt and were still awarded costs but I think if you go by the book you are supposed to do it.

 

I am sorry if this has come a bit late but I have been away on leave for a week. All the best Huggia...will have all crossed for you and will be thinking of you.

 

MONX

[Lilythepink]

I have got my costs itemised and printed out, will send it by special delivery on Monday afternoon, to arrive with the DCA on Tuesday morning.

I have lost one of my little rescue kittens, and am so worried about him, but anyway, he will come back....

I am very hopeful for Wednesday and I will also phone the court as they have not contacted me, re the withdrawal of the other side.

Here's hoping????????

Do not even think of apoligising for being away........

[Duffers Mum]

Huggia, I doubt the court will contact you, they didn't contact me even though they and I received a letter from 1st Cretins saying they would not be attending. I decided to attend anyway and the judge did ask me why so I told him it was because I had heard of the games these DCA's play.

 

I hope your little kitten has come home safe and well, x

[citizenB]

sorry to hear about your kitten, Huggia. I hope it comes back home.

[Lilythepink]

Kitten home safe and well, at two this morning..... could have killed him..

thanks

I will be printing out all my documents today, and what do I need to write on the covering letter to the DCA when I send the costs tomorrow by special delivery......

[stuscfc]

Hi all i wrote was this is a breakdown of costs for case add your case number and then the court name and the date of the proccedings and then show your break down nothing fancy at all realy but send it recorded tbh incase they say they havent seen it.

[Lilythepink]

what is the difference between special and recorded post, as my CCA that went to First Cretin ages ago, has not been receipted on the Royal Mail website? Therefore I can't tell them they are out of time?

[stuscfc]

with special delivery there is more insurance cover i believe have a look on the Royal Mail website for an explination of this.If there is nothing showing on there contact the Royal Mail and ask why and for the proof to be sent to you or an explination as to why the recipt of the signiture isnt showing.

[ScarletPimpernel]

Special Delivery = delivery guaranteed

 

Recorded delivery = delivery not guaranteed

[Duffers Mum]

I sent my costs special delivery, guaranteed to be delivered by noon the next day, obviously I added what it cost me to my costs

[citizenB]

Kitten home safe and well, at two this morning..... could have killed him..

thanks

I will be printing out all my documents today, and what do I need to write on the covering letter to the DCA when I send the costs tomorrow by special delivery......

 

Huggia, that is great news that kitty has returned. I wonder where the little minx has been ?

 

Just a short note that says something like,

 

Dear sirs,

 

COURT REFERENCES

ACCOUNT NUMBER

 

With reference to the above court case.

 

Please find enclosed for your attention, a summary of the costs I will be presenting in court on (Whatever date).

 

Yours faithfully

 

 

HUGGIA 91

 

DO NOT SIGN

 

I would suggest that any paperwork that needs sending should be sent via SPECIAL DELIVERY service for next day guaranteed delivery.

 

When exactly did you send the CCA request ?. The post office wont consider a recorded delivery letter lost for 15 days. Try phoning the number on the back of the receipt, sometimes the information isnt always put on the website promptly.

 

A lot of companies dont sign for recorded mail as it is bulk delivered. Whilst it woud be nice to have a signature, it is irrelevant in that you do have proof of sending.

 

This service is very frustrating as it is advertised for situations that most CAGers find themselves in.. The blurb on the Recorded slip says

 

" Standard postal service with signature and barcoded scanning on delivery. Ideal for items you might need to prove were received, like job applications or LEGAL DOCUMENTS".

 

The only thing it doesnt appear to do is to GUARANTEE delivery in the first instance

[Lilythepink]

I posted it on 5th November recorded along with the Connaught CCA.

thanks everyone, I will post my costs special delivery, just in case...

I don't know where that little kitty was, but it was one wet soggy kitten when he got home>>>

Does anyone know how much special delivery costs, so I can add it in to the schedule. :-)

[Lilythepink]

Just for gather some more undestanding into what I am going to say if questioned at court by the judge. In my application to set aside, I have not denied the debt, and it was before I CCA'd Connaught and First Credit, so I have only just said that I am on a dmp with Payplan, and that I have been on it for the last 3 years.

Q.1. Can I now write on a sheet of paper further details about them not providing the agreement etc.

[Lilythepink]

Back again, I have been printing stuff off, and another query, do I include the bit about Hammonds case etc on my schedule to the DCA or do i just give that bit asking for costs on the basis to the court????

[citizenB]

I posted it on 5th November recorded along with the Connaught CCA.

 

thanks everyone, I will post my costs special delivery, just in case...

 

I don't know where that little kitty was, but it was one wet soggy kitten when he got home>>>

 

Does anyone know how much special delivery costs, so I can add it in to the schedule. :-)

 

Hmm, sounds like kitty might have been swimming

 

The special delivery cost should be about £4.60 for an average letter.

 

I'm sorry, I cant help you with your other questions.

[Lilythepink]

Just a quick update, I posted to DCA special delivery, and to the courts recorded delivery, I will phone the court tomorrow to check if they have received my costs, and then its off to court.....

[Duffers Mum]

Huggia - glad kitty returned home safe and well

 

The judge at my set aside said he would normally order costs to be deducted from the outstanding balance if the debt is acknowledged. As I didn't acknowledge i owed 1st Cretins anything, he awarded the costs to me, and I have duly spent what I received, and had a very nice time doing so as well.

 

If I don't get back on in the next couple of days, good luck, I fully expect to see a **WON + COSTS** on this thread shortly.