Claiming my Costs

[1099OID]

could anyone tell me if i can claim my costs in a civil court case (county court) if i win. They are taking me to court for a credit card debt. I have pointed out that there paperwork does not comply with section 60-1 and that due to the date section 127-3 is still in force, so the court can not make an enforcement order. they are still going ahead. can i charge for my time when i win. because they are going to charge me.

[Diana M]

Re: Claiming my Costs

Is the disputed amount over or under £10k?

Has a claim been issued or are you are the threat of legal proceedings stage?

Di

[Amethyst]

Re: Claiming my Costs

Small claims track ? ( eg under £10k claim )


Why doesn't their documentation comply with s.60/1 ? ( cause they're crap probably ) I mean what is missing/non compliant in it ?

[pt2537]

Re: Claiming my Costs

could anyone tell me if i can claim my costs in a civil court case (county court) if i win. They are taking me to court for a credit card debt. I have pointed out that there paperwork does not comply with section 60-1 and that due to the date section 127-3 is still in force, so the court can not make an enforcement order. they are still going ahead. can i charge for my time when i win. because they are going to charge me.

If the Claim is small claims then the basic rule is not, unless there is unreasonable conduct per CPR 27.14(2)(g)

You may not be protected from costs though even if its small claims, this is because if the contract has a clause which allows recovery of reasonable costs, then you could be ordered to pay the Claimant's Costs per Shaw v Nine Regions, so its always important to take a view of both sides of the coin

[1099OID]

Re: Claiming my Costs

The claim is under £5000 they have a signed application form, no contract, an prescribed term missing so hence 61-1 and 127-3 this has been going on since 2013 with the original creditor, 4 debt collection company, the last company has bought the debt and is taking me to court despite the clear problem. i have spent years over this rightly or wrongly if i lost they would claim £100's of me. i am a 65yr grandfather with 6 grandchildren. so my time is valuable to me so why should i give it up for free.

- - - Updated - - -

if you wish to contract with me there is a price.

[Amethyst]

Re: Claiming my Costs

Anything to do with this one ? http://legalbeagles.info/forums/show...974#post456974 and http://www.legalbeagles.info/forums/...478#post395478 ? Or is this first time this has gone to court ?

[1099OID]

Re: Claiming my Costs

on the one with the court order for them to produce a certified copy of the contract have just sold the debt on, so now i get letters form another company. so for now they are just sending template letters. the other one is still on going

[1099OID]

Re: Claiming my Costs

May I ask for help with a few more question Please?
A credit card agreement is a cancellable agreement? As in you have the right to cancel what section covers this in the CCA 1974. Section 62-63 or 64 or all of them
About the cooling off period, should any application form/contract/ agreement. Should it actually state how many days you have to cancel the contract after signing. Or if it is ambiguous as in they don’t mention any specific time as days month’s hours etc. Are they obliged to let you know within a set time period?
And if it was ambiguous and they didn't let me know what section of the CCA 1974 did they breach and what would be the consequences to them if they didn't? Would this void a contract on its own?

[Amethyst]

Re: Claiming my Costs

s.67 says when an agreement is cancellable - mostly yes - 14 days. Agreements normally say details of how to cancel will be provided to you.

Prescribed terms are in Sch 6 ( http://www.legislation.gov.uk/uksi/1...chedule/6/made )

[1099OID]

Re: Claiming my Costs

There is no specific time given, I am working from memory now as i dont have the document with me but does says something like we will contact you with how to cancel and who to write to. but they never did.

[warwick65]

Re: Claiming my Costs

There is no specific time given, I am working from memory now as i dont have the document with me but does says something like we will contact you with how to cancel and who to write to. but they never did.

I can not say if this would make the agreement UE but it sounds like a case of your word against theirs. Could it have come in the envelope that arrived containing your credit card

Remember in court it is on the balance of probabilities
On one side they will say this is our procedure and we do x y z
On the other is you saying i didn't receive it

It will all really be down to what the judge believes - so can you evidence why you know they didn't. It might be that you keep every letter they have ever sent you and can show examples.

With regard to costs, my understanding is that they can be awarded if they acted unreasonably but as I think many judges think we are debt dodgers , they might think 'well he has got away with not paying 5000 he owes - that's enough'

[1099OID]

Re: Claiming my Costs

The reconstituted agreement says the same as the application form. It won’t be a matter of their word against mine, if they said we sent it, Fine no problem, then they should be able to produce a copy of the notice with my contact details and the date of when it was typed out and sent
If it came with the card then they should have a copy of the letter and attachment sent with the card. This will show how long after signing did the cancellation notice was received.

If they don’t produce it, I would say that there is no reasonable reason why I should be held accountable for incorrect and Sloppy procure by Xxx Company for not carrying out correct and a reasonable expected competence in filing and keeping their own paper work, of which I have no control.
Does that sound reasonable?

[warwick65]

Re: Claiming my Costs

I am not even sure that a lack of the cancellation details would be enough

Does the recon say something along the lines that amethyst suggested ?

Sad to say, what you and I may think of as reasonable may not be the same as what the law or a Judge thinks reasonable

I am not trying to be negative- just thinking really

[1099OID]

Re: Claiming my Costs

No there are other 60.1 breaches i just wont to hit them with as may infractions as possible. The cancellation point is just one of them.
another question comes to mind . is not an application form not an offer to treat, you may fill an application form in but the creditor does not have to do anything with it, if they wish they can just ignore it. so just because you fill it in does not mean you card credit so it is not contract until excepted and if the creditor sends anything other than what is printed on the application form is that not classed as a counter offer, taking the first contract off the table. The answer is probably no but in a standard contact it would.