Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this.
Sorry but I'm not sure what your question is about this?
In short, the new debt collection company won't accept the lesser sum?
No. the original lender asked me to pay a lesser amount 50% less amount in 2009 then was owed to them. After paying this money I did not hear from them until the new debt collecting agency issued in 2012 court proceedings asking me to pay the full amount owed to the original lender.
For Jo C,
Yes, I paid not waht was asked by the lender letter. I spoke to the lender and informed them I could not afford the sum they wanted, but I could pay a lesser amount which I sent to them via a postal order which they cashed in december 2009.
I went to the bank and they informed me that they had received the money and the debt was written off.
Yes, something to that effect. I do not have the exact words from the letter which I sent with the payment.
Are you saying I should sue the original lender for selling a debt they informed me was written off or the new debt collecting agency?
The matter went to court and directions were issued in Jan for the debt company to serve and file all evidence 14 days prior to the hearing or their claim would be struck out.
They did not send me any evidence 14 days, but on the day of the hearing in fib they sent me at home 'by special delivery' their witness statement and account statement from 2004 to 2007 only.
In my absence from court an order for me to pay them the debt was made which I appeal.
The debt company agreed to set aside the order made in my absence on the issue of proportionality of costs to the parties and because I was absent from Court under CPR 27.11 a rehearing could take place.
At the rehearing in august the debt company failed to send me all bank statements 14 days from 2007 to date. What action can I take? Their witness that the court relied on their evidence did not come to court.
They say to me in Sept that because an order was made in Aug they do not have to give me all my bank statements and correspondence from 2007 to date which the original lender gave them in 2010.
The court took a view that if I did not have a letter sent to the original lender then the debt is still owed.
What is your view if all payment statements were not disclosed to me at that rehearing in august 2013?
Can I ask for all bank statement which I did have in Aug at the rehearing. The debt company refuses to send them to me because proceedings have come to an end?
The debt company said to the court and me they only had in Feb. that they have statements of payment up to 2007 only.
I did not mention that during the period I lodged an appeal. The debt company wrote a letter to the court in July stating that a further payment was made by me in 2009, and they were not time barred to seek recovery of the debt.
In Feb. the debt company did not inform the court or release any statements showing I made that final payment to the original lender in 2009.
I informed you this was the final payment I made to the original lender in settlement of the full debt.
I want to know in these circumstances is the debt company claim can I apply for it to be set aside and struck out for failing to disclose evidence they relied upon at the rehearing, but did not produce any payment statements from 2007 to date which I need at present to deal with outstanding issues on this debt.
01 October 2013 18:17 EST
The debt company said to the court and me in Feb. that they have statements of payment up to 2007 only.
For Law Denning,
The debt was for £999.00 plus cost £1250.00 approx.
I have not claimed my cost as Litigant Acting In Person over the past 12 months which will be in the region £1800.00 approx.
On what basis are they claiming costs bearing in mind this shouldbe small claims court? Have you raised this issue?
If the debt was written off as opposed to an agreement beingreached, they can still pursue you for that money.
Why can't you simply produce proof of the payments you may havemade. The lender can simply say there were no payments and therefore there areno statements.
They cannot rely on evidence they have not produced in whichcase, it simply comes down to whether the judge prefers your version of eventsagainst the theirs which is exactly what my colleague told you earlier on.
Law Denning and my reply
Reply: The judge refused their cost but gave the application fees and interest.
Reply: They just would not accept my payments and closed my bank account.
Reply: I made payment monthly at the bank and the cashier told me that they were not allowed to accept them, The Cahier send by default and gave me a receipt. The Cashier wrote on the receipt that i could not make payments because the bank closed my account.
If the bank closed my account in the circumstances explained above what do I do now?
Reply: I can do that, but on 16th July 2013 the debt company mentioned one payment that I made to the bank in 2009 which was the final payment as I explained to Jo C. I only need the letter and bank statement of 2009 of my final payment which they do not want to send to me because proceedings have come to an end. In light of that fact, the court did take a view I could make an application to get all bank statements. What do you say I should do?
Sometimes my answer may not be what you want. I try to be as honest as possible. Reply: I do not mind an honest answer.
Can you point the way forward...and cab I claim my costs or notify them first?
I am off-line now until tomorrow but will pick this up then.
Perhaps I am being stupid but if proceedings have come to an end,where are we going with this?
This is small claims court and you will not get your costs aslitigant in person (the court rate is £18 per hour) in exactly the same way asthe claimant did not get theirs.
To be honest, I am surprised that they are continuing to pursuethe debt for £999 in view of the fact that they will not get their costs backin the Small Claims Court.
How do I get my costs back? If I can prove that the debt company has refused over the past 12 months not disclosed all my bank statement and correspondence. The Debt Company has not followed directions and within 14 days of any hearing to disclose all bank statement can I get the present order set aside/claim struck out?
If I had the final payment statement and letter dated 2009 - the judge said to me this would be helpful. That is why I want all my bank statement which was not provided to me over the past 9 months. If I get the statements can I get at that stage my costs?
Any other information will help.
Can I ask the OFT and Trading Standards Office to investigate the debt Company and their conduct to date?
Can I reply on the time spent on this matter and prove that the costs are now due to delays as a result of the debt company being obstructive and not sending me statement which would help my case?
Can you act for me at court and your costs?
You cannot recover costs in small claims court.
The claimant has to have acted grossly unreasonably and whilst I think that is quite true, for court purposes you have no proof of that and in any event it probably isn't enough in courts eyes. Sorry