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Originally posted by marylikes
All done and dusted. No trial, sorted out by way of consent order before i went through the court doors. I'd already guessed it would be. I was quite impressed by the solicitor who dealt with me, he was very straightforward, he explained to me the costs he would apply for if he won, he said what he would definateley get i.e ACTUAL costs as regards hearing fee's etc.and explained what he could get .He also outlined the case with me and picked up on strenghts and weakness in my case. He also suggested i could take a punt and go through the court doors to fight my case. Give my witness statement and defence acknowledged the debt and my attempts to try to repay it, i thought it prudent to agree some sort of settlement rather than deny and fight it totally. I'm happy with the outcome of it all, no CCJ and an affordable figure to pay. The Judge thanked me for agreeing an order rather than put him through the process of a trial. I found this bizzare.
Having said i am happy with the arrangement, i still have a winge !! We could of come to this arrangement very easily if they would of spoke to or contacted me over the matter. Someones gonna say...you got a letter before action didn't you ? Why didn't you respond? I'm gonna say..i did !! And i also paid!! Its not fair to leave something to a state of LBA, then act quick on it. Whats that gonna achieve, a court action ? Thats precisely what we (claimant and me) should be trying to avoid?
Its also become apparent to me that most people, even literate, educated people when faced with a court claim might write to a court and explain issues etc.. This infact doesn't cut the mustard as far as Court Procedures are concerned, your acknowledgement, defence, WS all need to be CPR compliant. Who the fuck knows that if you're not a solicitor? The amount of claims awarded on this basis alone must be staggering. Thankfully due to some research i was able to find out what i had to do. Here's a thought !!! The LIP guide produced by the courts, should they send one through with every claim issued ? I think they should, by the time you find it you're generally deeper in the shit. Just like a DN say you should consult CAB, the Pope, or whoever a claim form should have all the relevant info too.
Another thing i thought worth mentioning here, although i never debated it with the solicitor. He was under the impression that my DN argument was a strong one. From a lot of reading i come to two conclusions,
1) If a Claimant has pleaded a document in his case then he should produce it.
2) A Court will accept a computer dump that one was produced.
In the case of 2) (above) it wouldn't negate a Claimant from demonstrating what was sent. (thats my opinion).
This seems to be backed up by what the Solicitor said to me...........if the DN is found to be non compliant, or no proof of it being compliant then they (the Claimant) will re issue a compliant one. This was a moot discussion for me regarding my own case as i was happy to make an agreement. But it does set out the stall of how, at least Lloyds (SCM) see things. I'm well aware of all the counter arguments..agreement has been terminated already, agreement may have contractually expired anyway etc.. Not to lose sight of the fact that the DN was neccesary for the court procedure in the first place, so how would it happen? Would they find it duff, stay proceedings, issue a new DN, re plead then carry on ? I don't think so. But there you go anyway.
Like i say i'm happy with the outcome, but thats only due to hours, days, weeks of research and complex arguments to come to this conclusion. If i hadn't of done that i'd have a CCJ now and owe a few grand more. The system is bollox.
Next up is 1st Credit with that overdraft they bought, that will be fun. £400 quid overdraft on an account i opened in 1980 odd will be worth taking a punt on !!!
Having said i am happy with the arrangement, i still have a winge !! We could of come to this arrangement very easily if they would of spoke to or contacted me over the matter. Someones gonna say...you got a letter before action didn't you ? Why didn't you respond? I'm gonna say..i did !! And i also paid!! Its not fair to leave something to a state of LBA, then act quick on it. Whats that gonna achieve, a court action ? Thats precisely what we (claimant and me) should be trying to avoid?
Its also become apparent to me that most people, even literate, educated people when faced with a court claim might write to a court and explain issues etc.. This infact doesn't cut the mustard as far as Court Procedures are concerned, your acknowledgement, defence, WS all need to be CPR compliant. Who the fuck knows that if you're not a solicitor? The amount of claims awarded on this basis alone must be staggering. Thankfully due to some research i was able to find out what i had to do. Here's a thought !!! The LIP guide produced by the courts, should they send one through with every claim issued ? I think they should, by the time you find it you're generally deeper in the shit. Just like a DN say you should consult CAB, the Pope, or whoever a claim form should have all the relevant info too.
Another thing i thought worth mentioning here, although i never debated it with the solicitor. He was under the impression that my DN argument was a strong one. From a lot of reading i come to two conclusions,
1) If a Claimant has pleaded a document in his case then he should produce it.
2) A Court will accept a computer dump that one was produced.
In the case of 2) (above) it wouldn't negate a Claimant from demonstrating what was sent. (thats my opinion).
This seems to be backed up by what the Solicitor said to me...........if the DN is found to be non compliant, or no proof of it being compliant then they (the Claimant) will re issue a compliant one. This was a moot discussion for me regarding my own case as i was happy to make an agreement. But it does set out the stall of how, at least Lloyds (SCM) see things. I'm well aware of all the counter arguments..agreement has been terminated already, agreement may have contractually expired anyway etc.. Not to lose sight of the fact that the DN was neccesary for the court procedure in the first place, so how would it happen? Would they find it duff, stay proceedings, issue a new DN, re plead then carry on ? I don't think so. But there you go anyway.
Like i say i'm happy with the outcome, but thats only due to hours, days, weeks of research and complex arguments to come to this conclusion. If i hadn't of done that i'd have a CCJ now and owe a few grand more. The system is bollox.
Next up is 1st Credit with that overdraft they bought, that will be fun. £400 quid overdraft on an account i opened in 1980 odd will be worth taking a punt on !!!