Lovemoney UE Diary

[Lovemoney]

Re: Lovemoney UE Diary

Is the above relating to post 18 (Lloyds TSB card owned by DLC? --> allaboutFORUMS - View Single Post - Lovemoney UE Diary

Have you been in touch with Paul?

SORRY!

yes....I phoned just now his colleague took my name & phone no. ask Paul return my call later.

[Paul.]

Re: Lovemoney UE Diary

Ok

The fly in the ointment is that there has been an admission filed in this case. So applying to set aside has become 1000 times harder. And has become very very risky.

This is what Blackstones says on withdrawing admissions.

WITHDRAWAL OF AN ADMISSION
17.4 CPR, r. 14.1(5), and PD 14, para. 7, make provision for a party to withdraw an admission made under CPR, Part 14 (i.e., an admission made under r. 14.1 after commencement of proceedings in a money claim, or a pre-action admission made under r. 14.1A, after 6 April 2007, in proceedings to which the Pre-action Protocol for Personal Injury Claims, the Preaction Protocol for the Resolution of Clinical Disputes or the Pre-action Protocol for Disease and Illness Claims applies). The court’s permission is required to withdraw the admission, and in coming to its decision, the court must consider the factors listed at PD 14, para. 7.2, namely:
(a) the grounds on which the applicant seeks to withdraw the admission, including whether
or not new evidence has come to light which was not available at the time the admission
was made;
(b) the conduct of the parties, including any conduct which led the party making the
admission to do so;
(c) the prejudice that may be caused to any person if the admission is withdrawn, or,
conversely, if the application to withdraw is refused;
(d) the stage in the proceedings at which the application is made, and in particular the
proximity of the trial;
(e) the prospects of success, if the admission is withdrawn, of the claim or part of the claim in relation to which the offer was made; and
(f ) the interests of the administration of justice.

In White v Greensand Homes Ltd [2007] EWCA Civ 643, [2007] 1 CLC 1001, the Court of Appeal clarified the approach to a difference between a party’s pleaded case and that set out in preaction correspondence. There are two different circumstances to which different principles apply. The first is where a party seeks to amend a statement of case under CPR, r. 17.1(2)(b),
where the amendment will have the effect of withdrawing an admission made in an earlier
response letter sent under a pre-action protocol. In this circumstance, the court must have regard to the factors listed above in PD 14, para. 7.2.
The second situation is where an admission is made in pre-action correspondence but not repeated in a statement of case, and the question is whether the statement of case which did not repeat the admission can stand. Here, the court should follow the approach set out in Walley v Stoke-on-Trent City Council [2006] EWCA Civ 1137, [2007] 1 WLR 352. An application should be brought under CPR, r. 3.4(2)(b), to strike out the statement of case on the ground that it is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings. In order to show abuse, the claimant would normally have to show that the defendant had acted in bad faith.

There must be good reason why it is in the interests of justice for an admission to be
withdrawn close to trial. This will usually be that there is good evidence that the admission is
in fact false. The court should go on to consider other factors such as prejudice to the parties
caused by permitting the admission to stand only where there is also counter-evidence of the
truth of the facts admitted (Les Laboratoires Servier v Apotex Inc. [2007] EWHC 591 (Pat), IPD
30030).

While i see the Claimant has not complied with s78, and while i do feel this would give prima facie a ground to apply to set aside, i do have serious concerns that even if a set aside is granted it would cost the Defendant for the Claimants costs of the application and also it is unlikely the Defendant would recover the costs of preparing the application.

[CleverClogs (RIP)]

Re: Lovemoney UE Diary

While i see the Claimant has not complied with s78, and while i do feel this would give prima facie a ground to apply to set aside, i do have serious concerns that even if a set aside is granted it would cost the Defendant for the Claimants costs of the application and also it is unlikely the Defendant would recover the costs of preparing the application.

Any estimate or guess of how much that could be?

Of course, if it were the only CCJ against the defendant and if the claimant could then settle the matter out of court, then it might still be worthwhile to go ahead despite the likely costs - if only in terms of repair to the defendant's credit history.

[Paul.]

Re: Lovemoney UE Diary

it could end up if the set aside is unsuccessful with costs of between £1200 to £1500 , that is of course a guess at best but based on the previous costs orders that have been incurred on set asides.

[Lovemoney]

Re: Lovemoney UE Diary

Hi thank you every team mates here, you all are a superstar. Any advice and suggestion on what to do next please.

I need to reply the Claimant about the complaint by 5/4/12 can someone help write a reply template for me as I am not very good with letters would be very appreciate it.

Thanks as always

[Lovemoney]

Re: Lovemoney UE Diary

While i see the Claimant has not complied with s78, and while i do feel this would give prima facie a ground to apply to set aside, i do have serious concerns that even if a set aside is granted it would cost the Defendant for the Claimants costs of the application and also it is unlikely the Defendant would recover the costs of preparing the application.

How about my complaint to FOS http://financial-ombudsman.org.uk/pu...g-note.html#12, is it beneficial for the case?

[Never-In-Doubt]

Re: Lovemoney UE Diary

How about my complaint to FOS http://financial-ombudsman.org.uk/pu...g-note.html#12, is it beneficial for the case?

No as the FOS can't change a pending court decision - ideally the FOS would have been the first port of call prior to any proceedings.

Personally, I would consider my options and may possibly look to back-off. If Paul said to me what he said to you above, I'd take that as a hint at it being very hard - for reference, I have just lost a CO case based on documents being served to wrong address - did it matter? Nope.

Would I therefore suggest a costly legal battle? Probably not... been there, done that and lost! Paul said from day 1 the odds were small - he was right.

Am I planning a set-aside? Too right! BUT I did pay the amount in question, its kinda at this point our complaints go different paths......

[Never-In-Doubt]

Re: Lovemoney UE Diary

I need to reply the Claimant about the complaint by 5/4/12 can someone help write a reply template for me as I am not very good with letters would be very appreciate it.

That's a mighty ask and not something I am comfortable with personally, nor on behalf of the forum, as it's not just a template is it?

If you cannot get legal representation then really consider your options and/or try doing a letter and see how it looks - we could then look at it on here and add bits but I don't think anyone here (other than the legal boffs you've spoken to) is qualified to do such a template.

Sorry, but that's the way it needs to remain to protect the forum and it's impartial status.

[Lovemoney]

Re: Lovemoney UE Diary

Paul is an expert on legal matters only he know the best, I took his advised and given up to set aside idea to fight for the case and not waste more money to get no where.

Sorry for upseting you Niddy and other members here, i do sincerely apologize.

Niddy I try to write a letter and pm you later is that possible can you help to look at it please

Thanks

[Lovemoney]

Re: Lovemoney UE Diary

No as the FOS can't change a pending court decision - ideally the FOS would have been the first port of call prior to any proceedings.

Personally, I would consider my options and may possibly look to back-off. If Paul said to me what he said to you above, I'd take that as a hint at it being very hard - for reference, I have just lost a CO case based on documents being served to wrong address - did it matter? Nope.

Would I therefore suggest a costly legal battle? Probably not... been there, done that and lost! Paul said from day 1 the odds were small - he was right.

Am I planning a set-aside? Too right! BUT I did pay the amount in question, its kinda at this point our complaints go different paths......

That's a mighty ask and not something I am comfortable with personally, nor on behalf of the forum, as it's not just a template is it?

If you cannot get legal representation then really consider your options and/or try doing a letter and see how it looks - we could then look at it on here and add bits but I don't think anyone here (other than the legal boffs you've spoken to) is qualified to do such a template.

Sorry, but that's the way it needs to remain to protect the forum and it's impartial status.

No need to apologise, we are not upset, we are just trying to do what's best, it wouldn't be appropriate to encourage you to engage in a legal battle that may turn out to be very costly for you.

Hope you manage to sort out this issue in the best possible way.

Thanks Flowerpower kiss

[Never-In-Doubt]

Re: Lovemoney UE Diary

You can't upset me - not unless you work for HSBC or the FOS (well do ya)! Lol

I reiterate flowerpowers remark. That's the way I should have worded it, sorry for that

Not the subtlest I'm afraid

[Lovemoney]

Re: Lovemoney UE Diary

You can't upset me - not unless you work for HSBC or the FOS (well do ya)! Lol

I reiterate flowerpowers remark. That's the way I should have worded it, sorry for that

Not the subtlest I'm afraid

Niddy you are most important person to me I wouldn't dare to upset you

[Lovemoney]

Re: Lovemoney UE Diary

Niddy I just send my draft letter to your agreement@all-about-debt.co.uk, can you please check and confirm. Thanks

[Lovemoney]

Re: Need Advice

EGG BANKING PLC- (CREDIT CARD)

Date commenced: 5/5/2000
ACCOUNT SOLD TO DCA (CAPQUEST)

HISTORY

17/8/07
received standind order set up details agreed £1 token payment stated the sum of £1 on 5/9/07 same day each month until 5/3/49 when a payment of 0.56 is made. 18/8/07 signed & returned, standing order already set up.

29/3/09
received a threat letter.

14/4/09
received more threat letter saying not heard from me in previos letter dated 28/3/09 need start the litigation process to resolve the matter

1/9/09
received standing order set up details agreed £1 token payment stated the sum of £1 on 5/9/09 same day each month until 27/11/17 when a payment of 0.00 is made. had signed and returned 2/9/07, standing order already set up.

9/9/09
sent cca request

19/9/09
received a reply put my a/c on hold for 28 days for obtains cca. finally received signed agreement (but no sure how to tell the right details ). Emailed Niddy

19/3/10
received more threat letter saying lack of communication from me in previos letter need start the litigation process to resolve the matter and offer £1641.18 settlement before 1/4/10.

2/4/10
send in proposal, hardship difficulties & budget sheet.

12/4/10
received notice of doorstep recovery agents Scotcall Ltd from HL Legal Solicitors due to non payment.

15/4/10
send a complaint regarding their harassment by telephone & doorstep call

24/4/10
received standing order set up details agreed £1 token payment stated the sum of £1 on 14/5/10 same day each month until 14/11/51 when a payment of 0.56 is made.

18/3/12
Emailed Niddy CCA .....Niddy Confirmed
we need to blag as that does look good but we'll pretend otherwise, if they get 'heavy' let us know asap.....
.....send them Missing PT

Continue paying the £1 token payments and request CCA ---> Our Templates | Unenforceability Templates | CCA Request

4/4/12 received letter from CapQuest saying unable to comment on the dispute and at them time the a/c was passed to them were unaware of any existing query. Therefore we are "CLOSING THE ACCOUNT ON OUR SYSTEM". Than you for taking the time in trying to resolve this matter
All thanks to Niddy

[IF]

Re: Lovemoney UE Diary

Brilliant news LM, here's to a lovely Easter

Best wishes
IF...x