Reassurance prior to court!

[DojoJoJo]

Hi Niddy,

Good to see the site so busy with people getting help. Pleased to say all goes well my end and I will put a diary together soon to document progress since I first asked your advice back at the end of 2009. You certainly saved my sanity!

Thought I would just touch base as I am in court on Monday re the interest/ fees that have been charged to an account and the sale of that account to another company (not DCA) both whilst the account was in default under the CCA.

There are other matters involved here, that I will report back on next week
(don't want to document too much prior to the hearing!)

However, I just wanted your assurance that I am completely in the right regarding non compliance with the CCA request I made and that no further action should have been legal until compliance with my request had taken place. I had sent all of the correct documentation/templates to both the original owner of the debt and the company that bought it with no response from either!

I cannot afford legal representation so am taking a deep breath and facing it myself! Bit scary, but it is small claims so hopefully will not be too daunting. Nervous about the other sides sols trying to trick me though.

Cheers

[Never-In-Doubt]

Re: Reassurance prior to court!

Crazy!! Why didn't u speak to us sooner?

We have a solicitor here!!

I do not EVER give such assurances - sorry. Never ever ever go to court.

Best of luck though....

[DojoJoJo]

Re: Reassurance prior to court!

Don't panic Mr Mannering.

I did post this matter back late in 2010. It was regarding F & F settlement by third party cheque and the matter I have posted is a small aside to the case!

[DojoJoJo]

Re: Reassurance prior to court!

Previous thread back in 2010 was Subject: CCA Req sent and ignored. Sols now involved

[DojoJoJo]

Re: Reassurance prior to court!

Briefly, I admitted the debt and was offering to pay a small amount each month until circumstances changed which they chose to ingore, then a third party made a F & F which was cashed and neither the company that cashed it or their sols corresponded with the third party to refuse the terms of the third parties letter which clearly stated encashing the cheque was acceptance of F & F.

Ring any bells?

[Never-In-Doubt]

Re: Reassurance prior to court!

Yep. You sent that silly cheque in. I ranted at the time and said it was not legal - remember?

[DojoJoJo]

Re: Reassurance prior to court!

Ha ha ha , yes I remember it as sound advice rather than a rant!

Anyhow, I took independant legal advice from a company specialising in this specific area and they have advised that the case is sound.

I just wanted to check that they should not have persued the additional charges (interest, late payment fees etc) once in default of a CCA request was still correct as it was a while ago.

Has something changed since then?

Cheers

[Never-In-Doubt]

Re: Reassurance prior to court!

Ha ha ha , yes I remember it as sound advice rather than a rant!

Anyhow, I took independant legal advice from a company specialising in this specific area and they have advised that the case is sound.

I just wanted to check that they should not have persued the additional charges (interest, late payment fees etc) once in default of a CCA request was still correct as it was a while ago.

Has something changed since then?

Cheers

Well they are entitled to add certain charges in line with the actual terms, that has always been the case but I really can't remember the in's and out's of this (sorry)....

Just because an account has defaulted doesn't and has never meant that they cannot add additional charges, they can, in line with the agreement of course.

I dunno what it is you've gone and done, lol - maybe be a good idea to email with a proper update

[MaximusDecimus]

Re: Reassurance prior to court!

All the best DojoJoJo!! Lets hope you get the result you want!!

[garlok]

Re: Reassurance prior to court!

Hi Dojo,

I have read this and I am disturbed at the way you have described your F & F. There is a lot about F & F around and I studied for a long time before reaching the conclusion that it was best handled by professionals only. We had success at 10% but even so the creditor has tried it on and the sols have had to rap their knuckles very hard with case law.

First of all that has nothing at all to do with CCA agreements at all, it is a Common Law of Contract issue.

Secondly I am surprised at the legal advice you were given as currently even as far back as 2009 to my certain knowledge you never take a case to court as claimant in these matters over CCAs, charges or anything. It is a waiting game and you make them go as claimant as then the full onus of proof lies with them not you as it would appear is the case here.

regards
Garlok

[Never-In-Doubt]

Re: Reassurance prior to court!

Any update dojo?

[DojoJoJo]

Re: Reassurance prior to court!

Hi guys, well I turned up at court, the other side did not. Just to clarify I was not taking them to court, they were taking me! The court said the other side had agreed to waive the interest/charges that I disputed and the case was closed three months earlier. The court had just forgotten to tell me about it! For the first year I received letters from their solicitors regarding the principle sum and each time I wrote back explaining the F & F settlement that they had accepted without any challenge to the letter accompanying it which had made the terms of acceptance clear.
It is now three and a half years since the court case date and five and a half years since the third party cheque was cashed. The third party has not received ANY correspondence regarding this matter to date.

Sorry for the delay, but I was posting a thread today and noticed that never updated this post!
So, fortunately all turned out ok in this case.

[Never-In-Doubt]

Re: Reassurance prior to court!

Hi dojo

what happened at court? Was it dismissed or stayed? That is important. If it's stayed then it won't go SB

The claim created a cause of action hence cancelled the statute barred time clock to the point of claim issuance.

[DojoJoJo]

Re: Reassurance prior to court!

Well, it was very strange. The day I turned up at court with the letter showing my court appearance date, the clerk said there was no record of a case in my name that day. He looked at the letter from the court and toddled off. About half an hour later he returned and said the case had been settled. I was very confused as it was the first I had heard about it. He then organised a sitting magistrate to have a chat with me. I was ushered into a room and the magistrate confirmed the original case was for the principle sum of x plus charges/interest of xx. He confirmed my defence was that no interest or charges should have been raised after default and whilst I had admitted the principle sum was correct, I contested that it had already been settled by a third party f & f prior to the case being issued.
He advised that three months prior to the court date, the claimant had contacted the court and waived all of the charges/interest and so the case was closed. I asked him what this meant for me, my record, did this mean I had a CCJ against me, why was I not able to put my case at court as per my registered defence, surely I should have been informed of an appeal process and why had I not been informed of all of this prior to the court date. He told me I was not allowed to address him in this matter and he would get the court to confirm the details by post.

The letter I received from the Judge/court states that 'upon hearing from the defendant in person and reading the solicitors letter dated xx/xx/xx It is ordered that the balance of the claim herin do stand dismissed' and that was that!
I keep a regular eye on my credit ref reports and there is no CCJ against me, which is a relief.

So did the SB countdown start on the date the court papers were issued?

[Never-In-Doubt]

Re: Reassurance prior to court!

Well, it was very strange. The day I turned up at court with the letter showing my court appearance date, the clerk said there was no record of a case in my name that day. He looked at the letter from the court and toddled off. About half an hour later he returned and said the case had been settled. I was very confused as it was the first I had heard about it. He then organised a sitting magistrate to have a chat with me. I was ushered into a room and the magistrate confirmed the original case was for the principle sum of x plus charges/interest of xx. He confirmed my defence was that no interest or charges should have been raised after default and whilst I had admitted the principle sum was correct, I contested that it had already been settled by a third party f & f prior to the case being issued.
He advised that three months prior to the court date, the claimant had contacted the court and waived all of the charges/interest and so the case was closed. I asked him what this meant for me, my record, did this mean I had a CCJ against me, why was I not able to put my case at court as per my registered defence, surely I should have been informed of an appeal process and why had I not been informed of all of this prior to the court date. He told me I was not allowed to address him in this matter and he would get the court to confirm the details by post.

The letter I received from the Judge/court states that 'upon hearing from the defendant in person and reading the solicitors letter dated xx/xx/xx It is ordered that the balance of the claim herin do stand dismissed' and that was that!
I keep a regular eye on my credit ref reports and there is no CCJ against me, which is a relief.

So did the SB countdown start on the date the court papers were issued?

There will be no CCJ on your credit file, a CCJ is recorded in Trust Online (http://www.trustonline.org.uk/) - however from what you described it seems the claimant bottled it and then it was dismissed. As it is dismissed it will be unlikely they will try and resurrect it - best thing is not to worry about it anymore, if anyone makes contact then get in touch with us!