largo law bankruptcy petition statue barred **** WON ****

[buffyoo7]

hi got a email from largo saying

.ExternalClass .ecxhmmessage P{padding-bottom:0px;padding-left:0px;padding-right:0px;padding-top:0px;}.ExternalClass BODY.ecxhmmessage{font-family:Verdana;font-size:10pt;}Dear Miss

 

I can confirm that my client has instructed me to withdraw from this matter.

This is purely on a 'without prejudice' basis and they accept no liability whatsoever.

In order that I can conclude the court proceedings I enclose a consent order which I require you to sign and return to me. I will then sign the same and lodge it at the court.

I look forward to hearing from you. If you have any queries please contact me.

the form they want me to sign says

BY CONSENT IT IS ORDERED THAT

1. THE BANKRUPTCY PETITON ISSUED ON ............ BE WITHDRAWN

2. NO ORDER AS TO COSTS

i dont think i should sign it as i want to put in for costs any advice would be great

buffy x

[the_shadow]

Hi Buffy, I think youre now at the point in post#93, the advice still stands I believe...

 

Either a) Write to Largo telling them you'll discontinue but you want costs so far incurred (you'll need to give them an itemised list) or b) Just discontinue with neither side gaining costs

 

S.

[buffyoo7]

i want to go for costs so going to write to largo let you know what they say should i just tell them i want costs or send them a copy of thecost i want and do i inform the courts of this if so is there a form i need to send in thanks buffyx

[buffyoo7]

sent largo letter saying i would not sign the form they sent as i wanted to put in for costs on the 20th aug not heared anything back from them and court date is set for 28th of this month. not sure what i do now do i send the court a copy of my costs before the court date thanks Buffy x

[the_shadow]

You need to send a copy of your costs breakdown to both the court and the opposing solicitors no less than 24hrs prior to the hearing.

 

S.

[buffyoo7]

thanks for that shadow should i tell the court about the letter largo sent me to sign Buffy x

[buffyoo7]

got this letter this morning it has really made me angry that they are trying to scare me into signing should i write back to them or just see them in court next week

 

I have spoken with my client about the contents of your email.

 

As stated in my previous email my client wishes to withdraw on a without prejudice basis and for economic reasons. By withdrawing from this action it doesn't give you an automatic right to claim any costs against my client.

 

You may wish to seek your own legal advice regarding your position on costs but I can state that generally a litigant in person can expect to receive very little in the way of costs.

 

I would strongly urge you to sign the attached consent order so that the proceedings can be withdrawn before the hearing.

 

If the matter progresses to the hearing we will instruct a Barrister to attend on our client's behalf and formally withdraw at the hearing. We will instruct them to oppose any claim for costs that you bring and in addition we will seek our costs of attendance from you which I anticipate will be in the region of £350.00.

 

I look forward to hearing from you as soon as possible.

thanks for any advice buffy x

[sillygirl1]

Send the letter to the court by fax and state that they are using intimidation and you want an emergency hearing... that letter is blatant intimidation.

 

I would immediately contact the court and ask the court manager to include that letter in as evidence of intimidation, and to immediately strike out their costs as they are the ones who have pursued this via the court system, not you. Bankruptcy has huge repercussions and they should not be misusing the law in this way.

 

If they do seek a change of solicitor you can ask for a strike out as it will be detrimental to your case and will be more costly for you as well....

[sillygirl1]

Email them back and state that

 

"I am seeking further legal advice as suggested and will contact you again."

 

Keep it short and keep them guessing - without prejudice indeed - they have misused that. One wonders why they wanted to go down this track anyway if it wasn't 'economic' for them to do so....

[buffyoo7]

thank you so much silly girl emailing them now can you keep a look out on here incase i need you thanks due in court next week so want to get this sorted but i will go to court cos it is wrong that thet can do this to people buffy x

[DonkeyB]

Your argument for wanting to go to court is that their withdrawal does not discount further action; you have incurred costs; and you seek finality as you believe (a) the claimant is not Direct Line but Largo and the court has been misled, and (b) you believe the debt to be statute barred.

 

Perhaps we should counter with YOUR version of a consent order which reads:

 

BY CONSENT IT IS ORDERED THAT

1. THE BANKRUPTCY PETITON ISSUED ON ............ BE WITHDRAWN

2. THE CLAIMANT DOES PAY THE DEFENDANT’S COSTS IN THE SUM F £300 (enter your own amount)

3. THE CLAIMANT DOES ACKNOWLEDGE THAT THE ALLEGED DEBT IS STATUTE BARRED

 

... or something equally annoying for them. By offering a settlement on your terms, they cannot state you are not trying to settle before court.

[buffyoo7]

yes i think thats sounds good but i dont really know how these things work can i send something like that to them

[sillygirl1]

Because it is a bankrupty petition it is a lot more serious than just having a consent order, a consent order is fine for getting charging orders thrown out but bankruptcy is a much bigger step - there is also the distress and loss of reputation angle that can be included here...

 

Courts do not look very lightly on the creditors who try bankruptcy to enforce issues they are not entitled to enforce. They know the law more than a litigant in person without recourse to professional legal advice.

[JonCris]

As the offer is "without prejudice" you cannot even refer to it & whilst no settlement will be reached if you do the Judge may have to recuse themselves with costs being awarded against you

[JonCris]

What you could do is tell them you intend proceeding to court to have the debt certified as unenforceable (out of time) & if they wish to contest that then it will be YOU seeking costs

[JonCris]

Also as their offer is "without prejudice" they also cannot refer to it in an attempt to defeat your application They could only refer to it at the conclusion of the matter where costs are being considered

[JonCris]

What you could do is tell them you intend proceeding to court to have the debt certified as unenforceable (out of time) & if they wish to contest that then it will be YOU seeking costs

 

Also you could offer them an opportunity to agree to YOUR order agreeing that the debt is 'Time barred'

[buffyoo7]

from what i understand i can not show the judge the form they want me to sign but can show the letter as i feel he is trying to frighten me into signing this whole thing has been a night mare for me i am a single parent and have had to spend money on defending this claim i still do not really know who largo are acting for all i know is it is not direct line also when we last went to court the judge gave them so many weeks to reply to my defence which they have not done i dont know the law but this can not be right that a company takes you to court never telling me the reason never breaking down the sum of what they say i owe then i have to pay for stationary car parking posting letters faxing letters 4 trips to the court to actually get documents from largo which they did not send me ok its not loads of money but i am still out of pocket and that is what i find unfair and angry about, really do not want to let largo get away with this but not sure how to go about it thanks buffy x

[JonCris]

If the letter refers to anything as being 'without prejudice' even as yet undisclosed document then no you cannot mention it If you do you risk the judge recusing himself & costs being awarded against you even though you may go on to win in the end

[JonCris]

Also see my previous posts

[JonCris]

Offer THEM the opportunity to sign YOUR order for submission to the court certifying that the debt is time barred & unenforceable that way YOU save costs whilst they risk costs if they refuse

[DonkeyB]

Perhaps issue your own Consent Order with this wording:

 

BY CONSENT IT IS ORDERED THAT

1. THE BANKRUPTCY PETITON ISSUED ON ............ BE WITHDRAWN

2. THE CLAIMANT DOES PAY THE DEFENDANT’S COSTS IN THE SUM OF £XXX (enter your amount)

3. THE CLAIMANT DOES ACKNOWLEDGE THAT THE ALLEGED DEBT IS STATUTE BARRED

4. THE CLAIMANT RECORDS NO DATA WITH CREDIT REFERENCE AGENCIES IN RELATION TO THIS STATUTE BARRED ACCOUNT

 

 

Thoughts, people?

[buffyoo7]

thanks donkeyb want to get this to them tomorrow so if anyone has anything to add please let me know but it looks good to me but what do i know lol thanks again for your help buffy x

[JonCris]

In 2 I would suggest (in order to encourage them) that it state that "both parties bare their own costs"

[buffyoo7]

why should i be out of pocket if they had a case against me then maybe i would be happy to walk away and be glad it over but they have done nothing to let me know anything about this debt i still dont know who their clients are. it just seems so wrong that i have had to pay out money. going to put in for costs because the more i think about it the more angry i get about what this company has put me through and think how many others are they doing this to everyday dont want 100's from them just what i have paid out. fingers crossed Buffy x