lowell/cohen claimform - old MBNA/Abbey card debt **WON**

[citizenB]

I am not absolutely certain, but I think you can add the cost of the bailiffs to the amount collected. Or the bailiffs charge them independantly. I think you would need to check on that.

 

£6.10.. What was that for ?

[exchange]

Just going through a court claim against someone at the moment separately from my credit disputes. If you ask for enforcement the charge is £100 but it is added to the claim and paid by the defendant. If they can't collect the money then you may have to pay it eventually, unlikely in the circumstances I hope! So I would go for it as £100 on top of £6.10 might wake them up a bit!

Exchange

[Gazza112]

I am not absolutely certain, but I think you can add the cost of the bailiffs to the amount collected. Or the bailiffs charge them independantly. I think you would need to check on that.

 

£6.10.. What was that for ?

 

 

Hi CB

 

The £6.10 was for parking a petrol costs fot the day.

When i pushed the Judge for wasted costs, the Judge said you have just one the cast don't push it. So i left it at that and didn't wan't to annoy the Judge.

 

I'll get in contact with the Courts tomorrow and see where i stand with this order.

 

Gaz

[Gazza112]

Just going through a court claim against someone at the moment separately from my credit disputes. If you ask for enforcement the charge is £100 but it is added to the claim and paid by the defendant. If they can't collect the money then you may have to pay it eventually, unlikely in the circumstances I hope! So I would go for it as £100 on top of £6.10 might wake them up a bit!

Exchange

 

 

Thanks Exchange

 

Gaz

[citizenB]

Hi CB

 

The £6.10 was for parking a petrol costs fot the day.

When i pushed the Judge for wasted costs, the Judge said you have just one the cast don't push it. So i left it at that and didn't wan't to annoy the Judge.

 

I'll get in contact with the Courts tomorrow and see where i stand with this order.

 

Gaz

 

Yes, of course, I remember you saying this. It just seemed such a wierd amount

[Gazza112]

Hi CB

 

Yes, it was a small amount i would of least thought they could of streached it to £6.25 .

 

Gaz

[car2403]

Hi CB

 

Yes, it was a small amount i would of least thought they could of streached it to £6.25 .

 

Gaz

 

Oooooo! Where's the claim for interest on that amount?

[Gazza112]

Hi All

 

Right, Howard Cohen/CL Finance have failed to send me my cake money:mad: for £6.10.

I phoned the Courts and was told that i needed to inforce the Judgement order.

Any iders what i need to do i.e forms to fill in, as the person said there's three ways you can do this?.

 

 

Gaz

[citizenB]

Didnt guzzleguts have to enforce a costs order some time ago.. check with him, Gazza:)

[Gazza112]

Didnt guzzleguts have to enforce a costs order some time ago.. check with him, Gazza:)

 

 

 

 

Thanks CB, i'll check and see what he says.

 

Gaz

[exchange]

Otherwise have a look on the HMCS website as this has all the details, forms, etc.

 

Exchange

[Gazza112]

Hi All

 

Just wanted to run over a letter with you all that i'm sending CL Finance in case it needs amending.

This is the letter.

 

 

28th October 2009

 

 

CL Finance Limited

C/o Senior Finance Manager

R.O. Kingston House

Centre 27 Business Park

Woodhead Road

Birstall, Batley

WF17 9TD

 

DearSir/Madem

 

Re: CL Finance Limited -v- XXXXXXXX

Case No:

 

 

You have failed to respond to the Courts Order from the XXXXX County Court.

On the 28th September 2009 District Judge XXXXX sitting at the XXXXX County Court, ORDERED you to pay the Defendant (Mr XXXXX ) costs of £6.10 by 4.00pm on the 12th October 2009.

As stated you have failed in sending me these costs, if I do not receive these costs by the 5th November I have no alternative but to take this further.

This will include Solicitors costs estimated £600 plus bailiffs costs which will be included on top of the amount outstanding.

I would appreciate your due diligence in this matter.

 

I look forward in your quick response.

 

 

 

 

Yours Faithfully

 

 

Gaz

Edited October 28, 2009 by Gazza112

[AA99]

Weren't you going to get the courts to enforce it and put the £100 costs onto the bill:???:

[citizenB]

Hi All

 

Just wanted to run over a letter with you all that i'm sending CL Finance in case it needs amending.

This is the letter.

 

 

28th October 2009

 

 

 

CL Finance Limited

 

C/o Senior Finance Manager

R.O. Kingston House

Centre 27 Business Park

Woodhead Road

Birstall, Batley

WF17 9TD

 

 

 

DearSir/Madem

 

 

 

Re: CL Finance Limited -v- XXXXXXXX

Case No:

 

 

 

 

You have failed to respond to the Courts Order from the XXXXX County Court.

On the 28th September 2009 District Judge XXXXX sitting at the XXXXX County Court, ORDERED you to pay the Defendant (Mr XXXXX ) costs of £6.10 by 4.00pm on the 12th October 2009.

As stated you have failed in sending me these costs, if I do not receive these costs by the 5th November I have no alternative but to take this further.

This will include Solicitors costs estimated at £600, plus bailiffs costs which will be included on top of the amount outstanding.

 

I would appreciate your due diligence in this matter.

 

 

 

I look forward in your quick response.

 

 

 

 

 

Yours Faithfully

 

 

 

Gaz

 

 

Just added a word and a comma:grin:

[Gazza112]

Weren't you going to get the courts to enforce it and put the £100 costs onto the bill:???:

 

 

Hi AA99

 

Yes, i contacted the Courts to enforce it and spoke to a person at the Courts. Was told there's 3 ways i could deal with this.

 

1. Request for Attachment of Earnings Order

 

2. Application for third party dept order

 

3. Request for Warrant of Execution

 

 

I was going to send a 7 day letter, which i put up to remind CL Finance what they would be facing if the do not pay the costs to me.

Then if the fail, hit them with a Warrant of Execution.

 

 

Gaz

[Gazza112]

Just added a word and a comma:grin:

 

 

Cheers CB thanks for doing that.

 

 

Gaz

[citizenB]

Hi AA99

 

Yes, i contacted the Courts to enforce it and spoke to a person at the Courts. Was told there's 3 ways i could deal with this.

 

1. Request for Attachment of Earnings Order

 

2. Application for third party dept order

 

3. Request for Warrant of Execution

 

 

I was going to send a 7 day letter, which i put up to remind CL Finance what they would be facing if the do not pay the costs to me.

Then if the fail, hit them with a Warrant of Execution.

 

 

Gaz

 

Would that be with or without an iron bar inside the warrant

[Gazza112]

Would that be with or without an iron bar inside the warrant

 

 

CB guess you found out my plan, i was going to issue the Warrent myself:D:) .

I'll make sure the iron bar is padded just in case :grin:.

 

Gaz

[citizenB]

Gazza, probably too late now.. but I found this on the forums..

 

http://www.consumeractiongroup.co.uk/forum/general/66182-how-enforce-judgement.html

 

HTH

[Gazza112]

Gazza, probably too late now.. but I found this on the forums..

 

http://www.consumeractiongroup.co.uk/forum/general/66182-how-enforce-judgement.html

 

HTH

 

 

Hi CB

 

Thanks for finding that link for me, and no it wasn't to late.

 

Now i don't know weather i'm reading this wright, but it says that i can't issue a warrent under £600 is this wright.

 

A writ of fi fa (short for the Latin term fieri facias) is the High Court equivalent of a warrant of execution. It is an order to the Authorised High Court Enforcement Officer to seize and sell goods.

 

A writ of fi fa can only be issued for the full amount of the judgment debt, and must be for at least £600.00.

 

 

Gaz

[citizenB]

Hmmm, yes that is the way I read it as well, Gazza..

 

So, I dont thnk we are any further forward with this are we. Hopefully someone who does know will pop in .

[Gazza112]

Hi CB

costs

Yes looks like it.

The only thing i could do is wait till i go fo that hearing in January.

See what the judge awards me, on my waisted costs, them file them both together.

As surely if they haven't responded to this order they won't respond to the other.

Then hit them with both orders at the same time.

 

Gaz

[cashins]

See what the judge awards me, on my waisted costs, them file them both together.

As surely if they haven't responded to this order they won't respond to the other.

Then hit them with both orders at the same time.

 

 

And make sure the judge knows that they ignored the last costs order:D

 

Davi

[AA99]

Gazza, I think you sound more than prepared to go for it!

[Gazza112]

Hi All

 

Just an update, now i never thought i would see the day from Howard Cohen.

Letter and cheque received today, here's the letter.

 

 

 

 

Gaz