Jump to content


egg/barclays/Lowells SD ****SET ASIDE & WON COSTS ***


mandyjayne
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5133 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 276
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

 

I know there are people far worse off than me on here so i really should snap out of it

 

 

That's more like it! :) Read Humbleman's account of today's proceedings if you want to feel better; it would be totally laughable if it wasn't so atrocious. At least you got a reasonable DJ who gave you an adjournment without prompting when the other side tried to pull a fast one. You live to fight another day...

  • Haha 1

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

FG i have been following Humble...what a rollercoaster ride and a truely unjustified outcome...i am gutted!:mad:

 

Thanks for your kind words...i will now just have to wait and see what the **** cough up!

 

MJ:D

__________________

CAG Depends Purely Upon Donations. Please help us to continue helping you, and give what you can - Thank you:grin:

Click to donate

 

Please click my scales, if you feel the need;)

Link to post
Share on other sites

hi 42man

 

i have no idea whats included in the paperwork they have...as i didnt receive anything nor did the court..and it was not shown to me yesterday.

 

it was faxed to the sol that morning. They have been ordered to send me a copy of it within 14 days along with their witness statement. My SAR to egg did not include any of those you mentioned.

 

mj

__________________

CAG Depends Purely Upon Donations. Please help us to continue helping you, and give what you can - Thank you:grin:

Click to donate

 

Please click my scales, if you feel the need;)

Link to post
Share on other sites

Hi gang...

 

Just an update and a question...

 

Well its a week ago today that i attended my hearing where the other side where ordered to produce all docs and a witness statement, because nothing was submitted by lowlife when they issued the SD...which leads me to my question, just read TED1973 thread that he has just won and picked out this....as part of his reason to the DJ to set aside

"also there is no affidavit sworn in when the alleged statutory demand was apparently served". Is this another set aside reason?

 

I have telephoned the court the last couple of days as i wanted to know what the order said exactly...i think they had 14 days to do this but wanted to check...well the court have lost my file:eek: so what now?

 

Help with the question in red if anyone can please

 

MJ:)

__________________

CAG Depends Purely Upon Donations. Please help us to continue helping you, and give what you can - Thank you:grin:

Click to donate

 

Please click my scales, if you feel the need;)

Link to post
Share on other sites

Short answer is no. By applying for the Set Aside you remedy any defects in the service of the SD. You admit having received it. Had you denied receiving it then the other side would have to prove it was served on you in person or if served by post prove at least they attempted personal service

Link to post
Share on other sites

ok understood ODC

 

that relates to.. if you claim to have not received the said SD, thanks for the quick reply:D

 

Many thanks

 

MJ:)

__________________

CAG Depends Purely Upon Donations. Please help us to continue helping you, and give what you can - Thank you:grin:

Click to donate

 

Please click my scales, if you feel the need;)

Link to post
Share on other sites

Hi all...just an update...

 

I received my court order on fri and this is what it says:

 

On the hearing of an application by the applicant for an order that the statutory demand issued on 10th sept 09 be set aside

 

Upon hearing the applicant in person and upon hearing the respondents solicitor

 

AND UPON READING THE EVIDENCE

 

It is ordered that:

 

1. Respondent do file and serve affidavit evidence in reply by 4.00pm on 26th Jan 2010.

2. Application be ajourned to *******at**** with a time estimate of 2 hours.

3. Costs in the application.

 

Nothing received as yet...will post up if and when anything comes.

 

MJ:)

__________________

CAG Depends Purely Upon Donations. Please help us to continue helping you, and give what you can - Thank you:grin:

Click to donate

 

Please click my scales, if you feel the need;)

Link to post
Share on other sites

Hi all...just an update...

 

I received my court order on fri and this is what it says:

 

On the hearing of an application by the applicant for an order that the statutory demand issued on 10th sept 09 be set aside

 

Upon hearing the applicant in person and upon hearing the respondents solicitor

 

AND UPON READING THE EVIDENCE

 

It is ordered that:

 

1. Respondent do file and serve affidavit evidence in reply by 4.00pm on 26th Jan 2010.

2. Application be ajourned to *******at**** with a time estimate of 2 hours.

3. Costs in the application.

 

Nothing received as yet...will post up if and when anything comes.

 

MJ:)

 

Hi all

 

update:

 

Nothing came today so they have ignored the court order.

 

Can i have your comments please on next move for me. I have a letter that mainman used in his sd set aside when Lowell ignored his court order.

 

Just any other directions would always be helpful

 

regards MJ

__________________

CAG Depends Purely Upon Donations. Please help us to continue helping you, and give what you can - Thank you:grin:

Click to donate

 

Please click my scales, if you feel the need;)

Link to post
Share on other sites

Hi Mandy

 

Let the Court know they have not complied with the order, may also be worth giving the Court a ring to check if to date they have filed anything with them?

 

They said they had all the docs with them in court, so all that was needed to comply with the order was a stamp and an envelope...they couldn't even manage that!!

Capitalism is the legitimate racket

of the ruling class.

Al Capone

Link to post
Share on other sites

Hi Mandy

 

Let the Court know they have not complied with the order, may also be worth giving the Court a ring to check if to date they have filed anything with them?

 

They said they had all the docs with them in court, so all that was needed to comply with the order was a stamp and an envelope...they couldn't even manage that!!

 

 

Hi MM...

My thoughts exactly...they did say they had received all the docs the morning of the hearing! Maybe it put them off when i said well i have had all my paperwork from Egg since Sept! so what took you so long?...maybe they are now wondering if our paperwork will match up;)!!

 

I shall indeed telephone the court tom morning, and if nothing has been received will send letter, shall i include with the letter, copies of the CCA request made to Lowell back in sept that were signed for and the account in default letter also signed for. (no reply to either of my letters)

 

thanks for looking in

 

MJ:)

__________________

CAG Depends Purely Upon Donations. Please help us to continue helping you, and give what you can - Thank you:grin:

Click to donate

 

Please click my scales, if you feel the need;)

Link to post
Share on other sites

Court have received nothing!:D

 

Will sort the letter later today and send.

 

mj:)

__________________

CAG Depends Purely Upon Donations. Please help us to continue helping you, and give what you can - Thank you:grin:

Click to donate

 

Please click my scales, if you feel the need;)

Link to post
Share on other sites

Letter to inform the court of their non-compliance to the court order sent to today recorded delivery;) ...what do i do now, if anything?

 

Do i just wait for the hearing to come round...also do i send costs in again? If yes do i leave until nearer the hearing date?

 

Thanks MJ:)

__________________

CAG Depends Purely Upon Donations. Please help us to continue helping you, and give what you can - Thank you:grin:

Click to donate

 

Please click my scales, if you feel the need;)

Link to post
Share on other sites

Letter to inform the court of their non-compliance to the court order sent to today recorded delivery;) ...what do i do now, if anything?

 

Do i just wait for the hearing to come round...also do i send costs in again? If yes do i leave until nearer the hearing date?

 

 

The court will probably send them a reminder. If they don't respond, you will almost certainly get your set aside by default at the hearing. You can then apply for your costs.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

cheers FG...

 

Do i post the costs to the court and Lowells nearer the time or just take along with me? Only the costs i sent in to the court for the first hearing the DJ returned to me and said i must send to the other side as well.

 

MJ

__________________

CAG Depends Purely Upon Donations. Please help us to continue helping you, and give what you can - Thank you:grin:

Click to donate

 

Please click my scales, if you feel the need;)

Link to post
Share on other sites

You should send a summary of costs to both the court & the other side at least 24 hours prior to the hearing. They will probably contest so make sure you know which CPRs to refer to back up your claim or you may only get standard costs.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

  • 3 weeks later...

hi all - update

 

Received this this morning from the court in response to my letter of 28th jan regarding Lowell non-compliance to the court order...

 

In the ****** county court

 

Before DJ****

 

On the hearing of an application by the Applicant for an order that the SD issued on 10th Sept be set aside.

 

upon reading the Applicant's letter and the Respondent not appearing..

 

AND UPON READING THE EVIDENCE

 

This order has been made without a hearing using the courts case management powers contained in Part 3 of CPR. Within 7 days of service of this order you may apply to set aside or vary the order under part 23 of the CPR, if you do so you must file at court and serve on the other party an Application setting out the reasons why you object to the order being made.

 

IT IS ORDERED THAT

 

Unless the respondent do file and serve any evidence upon which they reply by 4pm on 1st March 2010 they be debarred from further opposing application.

 

 

Thats it...so basically they have been given yet ANOTHER chance:mad:

 

Ok...do i need to do anything? If they do not respond to this one, is this likely to go to the hearing we have in May? if not, what do i do about costs, send them in now??

 

thanks MJ:)

__________________

CAG Depends Purely Upon Donations. Please help us to continue helping you, and give what you can - Thank you:grin:

Click to donate

 

Please click my scales, if you feel the need;)

Link to post
Share on other sites

thanks lilly...

 

Below is what i need answering if anyone knows...

 

 

Ok...do i need to do anything? If they do not respond to this one, is this likely to go to the hearing we have in May? if not, what do i do about costs, send them in now??

__________________

CAG Depends Purely Upon Donations. Please help us to continue helping you, and give what you can - Thank you:grin:

Click to donate

 

Please click my scales, if you feel the need;)

Link to post
Share on other sites

thanks lilly...

 

Below is what i need answering if anyone knows...

 

 

Ok...do i need to do anything? If they do not respond to this one, NO JOB DONE

 

 

 

, is this likely to go to the hearing we have in May? WHAT HEARING

 

 

if not, what do i do about costs, send them in now??

YES

 

IF IT WAS ME I WOULD BE LOOKING FOR AROUND £750........

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...