Urgent Help Needed! - HSBC Filed Claim at Court What do i do??

[AndyOrch]

Without knowing all the details of your case Domino and disputes involved the simple fact is that even though they have discontinued, the debt still remains

and were there is a debt there is a Default.They must by law register this information in line with the ICO guidelines.You could be cheeky and ask if they would mark it satisfied but I doubt they would play ball after all you just destroyed their claim.

 

Regards

 

Andy

[dominorally]

Without knowing all the details of your case Domino and disputes involved the simple fact is that even though they have discontinued, the debt still remains

and were there is a debt there is a Default.They must by law register this information in line with the ICO guidelines.You could be cheeky and ask if they would mark it satisfied but I doubt they would play ball after all you just destroyed their claim.

 

Regards

 

Andy

 

Andy,yes i take your point and think that it would be nearly impossible to get the default removed. I will look into it though. with the case being discontiued will it mean that the bank will wipe the debt and are they able to reopen the claim at a later date? I asume also that i would drop the counter claim?There was also some costs that i had to pay ie the set aside hearing application costs i guess i will just write those off rather than persue. Note that the Dj said at the set aside hearing that i would have to pay the costs of the claimants agenty 3102 which they have not been in contact with me or asked me for and i have not paid this to date.Dom

[AndyOrch]

Andy,yes i take your point and think that it would be nearly impossible to get the default removed. I will look into it though. with the case being discontinued will it mean that the bank will wipe the debt (depends) and are they able to reopen the claim at a later date?Possible I assume also that i would drop the counter claim? Lets say file it and store safe:wink: There was also some costs that i had to pay ie the set aside hearing application costs i guess i will just write those off rather than pursue.No you are entitled to wasted costs when the claimant Discontinues Note that the Dj said at the set aside hearing that i would have to pay the costs of the claimants agenty 3102 which they have not been in contact with me or asked me for and i have not paid this to date.Dom

You don't pay any of their costs they Discontinued

I will post you some regs up later re Wasted Costs.

Regards

Andy

[dominorally]

Andy,have just rung the court to see if my letter had arrived and if there was going to be any action taken.The nice lady there informed me that they had had a fax only half an hour before from DG Solicitors. They confirm that their client has decided not to persue the defendant for the outstanding sum. They have written to me to advise this so i should get a letter from DG Solicitors in the next few days.will let you know.Good News at last. hopefuly this will be the end of the matter unless i continue with the counterclaim

 

Well Folks ... A week later and I still have not had a letter from D G Solicitors ref the discontinuance,although I wasnt really expecting anything from them quickly ... par for the course for them. I dont know which postal service they use but it sure is slow!Not had anything from the Court either!will let you know when I get something. Cheers DR

[AndyOrch]

Dom, just so you aware and do consider wasted costs ( well you will after reading this) :- LiP Costs

 

Andy

[dominorally]

Well Folks ... A week later and I still have not had a letter from D G Solicitors ref the discontinuance,although I wasnt really expecting anything from them quickly ... par for the course for them. I dont know which postal service they use but it sure is slow!Not had anything from the Court either!will let you know when I get something. Cheers DR

 

 

 

 

Rang the court again today. The lady there said that the client had written to them 28th sept to confirm the claim has been settled. They also wrote 3rd oct to get confirmation that the court hearing had been vacated due to the settlement. The court also said that i will not get anything from the court because there has been no judgement from them. I am considering writing to dg solicitors to find out what is going on...... What are your thoughts please

 

thanks v much

 

DR

[AndyOrch]

They are trying to avoid wasted costs by not issuing a NoD and miss leading the Court into believing that you settled, and they did not discontinue.May be an idea to ask the court for a copy of what they have presented.

 

Regards

 

Andy

[emandcole]

Great result this so congrats to all involved

 

Thanks also to whoever tipped my scales, not been on the forum for a bit and your name not left for me to do so personally!

 

Onwards and very much upwards!!!

[AndyOrch]

Retrieve a copy of the Court letters from the Claimant and prepare a draft requesting wasted costs.Copy the Court in.

 

Regards

 

Andy

[dominorally]

Retrieve a copy of the Court letters from the Claimant and prepare a draft requesting wasted costs.Copy the Court in.

 

Regards

 

Andy

 

The court has said they are happy to send me copies of the letters they received from the claimant - i have sent a letter requesting the info so lets see what i get. I can also write to the claimant if need be.Frustrating me still even though they are not persuing any more ! annoying!DR

[dominorally]

Ok got a couple of developments this week

 

1. Received copy of the fax that DG sent to court dates 28th Sept - which is attached, confirming their client is no longer persue me for the outstanding balance with no admittance of liability.

 

2. Now received another letter from DG dates 22 Oct - (attached) I have to contact them urgently (within 48hrs) to avoid legal action with a view to coming to an agrement to pay the debt. :mad2:

 

The ref number is the same as previuos correspondance so I assume then that they are still trying to get me to pay even though their client confirms they are no longer persueing.

 

I was writing to DG anyway ref wasted costs but this changes things a bit. In their letter to the court they say they have written to me to confirm no longer perueing (Not Received)

 

 

Any advice on what to do next would be appreciated.

 

Thought this had gone away!!! just started to relax a bit now this!!!

 

thanks DR

D & G To Court No Longer Persue.pdf

D G New Collection attempt.pdf

[emandcole]

Hi Domino, not been about for a bit. That's quite an odd thing for them to do eh? Looking at it from a different perspective however the debt does still technically exist and so they are entitled to chase you for it, presuming of course this is the same debt they litigated on?!

 

As they've discontinued you'll be aware they'd have a very difficult task to chase you again using the courts unless some very drastic material differences come to light to change the nature of the claim in its entirety. I would perhaps write to them with no acknowledgement of any debt reminding them that as far as you're concerned the matter was explored with court intervention and they discontinued.

 

As such you will not welcome any further correspondence and will view it as harrassing, perhaps you could be cheeky and include a fee structure for your time if they persist in writing to you that they accept by sending further demands?! It's always possible this is a mistake of course, maybe your name has stayed in their regular collection box as clearly sending you a letter threatening litigation is plain daft.

[citizenB]

I would agree with emandcole.

 

Write back to DG solicitors - enclose a copy of the letter sent to the court and ask them what their game is.

 

Did you ever send them a Wasted Costs schedule? If so, have they sent you a cheque?

 

If not, then remind them in your letter that they have still not settled your costs for the last claim they made against you.

[Old Cogger]

Do as I am doing as well make a formal complaint to HSBC and F.O.B. who will give you a case number and send a complete account of what has happened. D.G. Sols seem to be out of this world at the moment.

[dominorally]

I would agree with emandcole.

 

Write back to DG solicitors - enclose a copy of the letter sent to the court and ask them what their game is.

 

Did you ever send them a Wasted Costs schedule? If so, have they sent you a cheque?

 

If not, then remind them in your letter that they have still not settled your costs for the last claim they made against you.

 

 

Current situation is that DG sent a fax to the court to vacate the hearing and cit also confirmed their client was not going to persue it also stated that they had written to me aswell I did not receive anything from DG. I had asked the court to send me copies of the fax and any other correspondence from DG which I got last week this was with a view to write to them for wasted costs. in the meantime this letter has arrived so I have not had time to ask for the wasted costs yet.

 

 

DR

[dominorally]

Just A quick update.... written back to DG asking for full explanation and reminding them of the fact that they have discontunued also copied the local court/ county court bulk centre and HSBC.

 

DG should have the letter by now so lets see what their response will be. Note that I still have not had notification from DG that they are no longer going to persue as they stated in the letter they faxed to the court.

 

it is amazinfg that a so called solicitors are allowed to get away with blatantly disregarding the rules. I am sure if it was the other way round then we would not be afforded this sort of leniency from the courts.

 

DR

[dominorally]

Please could I get some more advice on this case- More backdoor tactics to get judgement from DG in this matter?

 

I will try to summarise and explain the current situation. I have posted the letters I have had today in response to my letter sent asking for an explanation which are a letter of explanation/ a letter they allege was sent to me when they wrote to the court to vacate the hearing and a copy of the judgement or order after the set aside hearing on 5th Aug which was dated 1st Sept All are Attached below

 

Back in summer DG attempted to get judgement through the courts by the backdoor. I applied to set aside and it was granted. The Judge gave directions which are thus :-

1. The Judgement Hearing is Set Aside

 

2.There is Judgement for the claimant in the admitted amount of £1685.43

 

3. The defendant shall file & serve by 4pm 19/8/11 a fully detailed defence, setting out the basis upon which the balance of the claim is defended. the defence shall set out all the facts relied upon by the defendant & all relevant calculations.

 

4. The matter will be allocated to the small claims track.

 

5. There shall be disclosure of documents by 4pm 9/9/11 and inspection shall take place by the 23/9/11.

 

6. The parties shall exchange witness statementsby 4pm 7/10/11 and the witness statements shall stand as evidence in cheif.

 

7. The matter will be listed for a small claims hearing (2hrs) on the 1st available date after the 7/10/11, not back to back.

 

8. The defendant shall pay the costs for the set aside hearing £108 within 28 days.

 

Now, Direction 1, the initial amount of the judgement was £2835.40 which was set aside. At the set aside hearing I disputed this amount and had calculated the amount was 1685.43.(dir 2)

 

Direction 3 - File full defence with calcs on which the balance of the claim is defended - I did this in full within the time specified however when I did the calculations to go with the defence it was greater than 1685.43 as I had stated at the set aside hearing. I defended this new amount rather than the 1685.43.The court hearing was then vacated by the claimant.without any further correspondence from them.

 

I have heard nothing from DG since until the letter last week trying to claim again.

 

With the letter today they have enclosed a copy of a letter dated 23rd Sept which they alledge they sent to me which was never received (and is attached) This letter strangly does not have their letter head on it neither is it signed nor does it have the usual two names on the bottom like every other letter I have had from them. I think this letter has been hastily produced to be sent to me. I dont beleive it is a copy of an original.

 

How I understand it now is that DG are saying that the judge set aside the original order for the original sum of £2835.40 and entered judgement against me in the sum of £1685.43 so the letter they sent to the court saying the client was no longer persueing the balance of the claim really meant that they were not persuing the difference between 2835.40 and 1685.43 namely £1149.97.

 

I defended as requested in the judges directions and after that there was no response from the claimant. The letter of explanation states that they still have not received the costs the judge directed I pay for the claimants agent £100. I wrongly assumed that they would write to me for the payment and had forgotten about this until now.

 

also that the judgement for the original amount was not obtained and the hearing for the 2nd Nov was pertaining to that judgement. They are treating the sum admitted in point 2 of the attached judgement or order as a new judgement. I assumed the directions the judge made at the set aside hearing were for the same claim but the amount was changed and the hearing of the 2nd November was to defend the admitted amount. Not that the claimant could vacate the hearing and then try to claim again as a separate matter.

 

I also have to give them my proposal by 17th November or they will apply to enforce the order.

 

Copies of the letters to me have been sent to the court - will this be my local court?

 

As far as I am concerned I have defended and they vacated the hearing I think they are trying to bend the meaning of the directions to their advantage. Why did they not just continue with the hearing and deal with the amounts then?

 

Really need some help please!!! will need to write back to them as I don’t want to go through the court hearing again.

 

Thanks Very Much

 

DR

DG Claim for Balance 11th Nov 2011.pdf

Alleged Letter from DG ref No longer Persue.pdf

DG Claim for Balance 11th Nov 2011 pg 2.pdf

Copy of Judgement or Order from set aside hearing.pdf

[AndyOrch]

Hi Dom

 

I see things have progressed, and from your latest posting the full details are a lot clearer.So only half of the judgment was set a side they agreed to not chase the balance but are prepared to enforce the judgment ( original admitted).So in reality they have not discontinued and you still have to defend the initial reduced judgment

yes? So you must enter a defence or make proposal to the Claimant on the balance.Then we have your Counter Claim does that negate the amount or does it just balance the amount they are prepared to fore go?

 

If the defendant (you) admits only part of the claim, the court will send you (Claimant) a copy of the part admission. You must decide whether to accept the part admission and notify the court by post or fax.

If you do accept it you can request judgment be entered against the defendant in the terms offered by completing the form sent to you by the court. You will not be able to request judgment online in these circumstances.

If you do not accept the part admission you must advise the court within 14 days. The claim will then be transferred to a local court and no further action can be taken online – see Transfer of claim. The court will write to both parties to advise them about what happens next.

 

Andy

 

PS I will get your thread title amended back for now

Edited November 12, 2011 by Andyorch

[dominorally]

Hi Dom

 

I see things have progressed, and from your latest posting the full details are a lot clearer.So only halve of the judgment was set a side they agreed to not chase the balance but are prepared to enforce the judgment ( original admitted).So in reality they have not discontinued and you still have to defend the initial reduced judgment

yes? Yes I think that is How I understand it now But not at the time of the set aside hearing So you must enter a defence or make proposal to the Claimant on the balance.Then we have your Counter Claim does that negate the amount or does it just balance the amount they are prepared to fore go? My counter claim is for more like the original amount. i used the spreadsheet from this forum and sent that to them I will have to check the amount but it is more than the admitted amount

If the defendant (you) admits only part of the claim, the court will send you (Claimant) a copy of the part admission. You must decide whether to accept the part admission and notify the court by post or fax.

If you do accept it you can request judgment be entered against the defendant in the terms offered by completing the form sent to you by the court. You will not be able to request judgment online in these circumstances.

If you do not accept the part admission you must advise the court within 14 days. The claim will then be transferred to a local court and no further action can be taken online – see Transfer of claim. The court will write to both parties to advise them about what happens next. Am I right in thinking this has gone back to the Bulk centre to be dealt with unless i give them my proposal to settle the amount ? So, now do I write back to them and say I am defending the part claim or just leave it and wait for the court to contact me. I was under the impression I was defending the admitted amount when I sent my last defence in from the judges directions it sounded like that is what was happening.ie dir 2 & 3. They seem to be treating this and the original as two seperate things, They do state that they will enforce the judgement if I dont respond. Knowing what they are like and what has already happened I am surethey will tryto get judgement by the back door to avoid the court hearing like they tried last time

 

Andy

 

PS I will get your thread title amended back for now:sad:

 

 

 

Thanks Very Much

 

Dom

[AndyOrch]

No it cant be returned to CCBC now as its allocated SCT I can only surmise its stayed at this stage, if they do try to enforce you simply set a side again.

C,est la vie:wink:

[Ganymede]

I might be reading this wrong but the Claimant now has a CCJ for the admitted £1685 which they can enforce if not paid.

 

The difference in the balance is what the Defendant had to defend but the Claimant has given up on.

[Ganymede]

Sorry can't edit my posts on my Blackberry.

 

Having re-read the Order it is clear at paragraph 2 the Claimant DOES have judgment for £1685.

 

Paragraph 3 also clearly relates to the balance (being the difference between the admitted amount ans the amount originally claimed) that required a Defence.

[AndyOrch]

I might be reading this wrong but the Claimant now has a CCJ for the admitted £1685 which they can enforce if not paid.

 

The difference in the balance is what the Defendant had to defend but the Claimant has given up on.

 

No you are reading it correct Gany thats the state of play as at today.

 

Regards

 

Andy

[dominorally]

Sorry can't edit my posts on my Blackberry.

 

Having re-read the Order it is clear at paragraph 2 the Claimant DOES have judgment for £1685.

 

Paragraph 3 also clearly relates to the balance (being the difference between the admitted amount ans the amount originally claimed) that required a Defence.

 

I assumed at the time that I was defending that admitted amount para 3 states this and then later that they had decided not persue me for it.The order, Which by the way, was dated 1st september received after I had entered my defence, could easily be misread as to its meaning by people like me with little experience of these things.

Edited November 12, 2011 by dominorally

[Ganymede]

That Order is quite clear.

 

Why would you defend an admitted amount?