Charge on Property

[OLIVE.FAMILY]

Hey Bob
The fee is £35. Unless you are on Benefits of any sort then you may be able to get it either free or reduced. You will need to take a load of proof . I will find out what.

And yes you will need to change the amount.

Well Done I knew you could do it.

olives xx

[bobneedhelp]

pdf document and I cannot make changes or can i?

[surfaceagentx20]

Bob,

First off, go and delete immediately all the text you wrote under 'question to x20' in post no40. Do not post to the internet any information which might be used to identify you or this case to your opponent, especially when that information would lead to the disclosure of advice about your case plan and which your opponent will find advantageous to know about.

You do not need to do anything other than sign and date 3 copies of the application and take them to court. You do not need to bother with a draft order. The draft order refers to the order the court might make. It has nothing to do with money. Draft orders are required where the case or application is not simple. You may be surprised at this but the court will regard your application as simple and routine.

All of the other questions asked were answered by me in anticpation in post no34, but for the avoidance of doubt I repeat:

Part A is complete and requires no modification.

Part B requires signing and dating and if the cross didn't come out in your version, then put a tick on the box reading 'evidence in Part C overleaf in support of my application.' Do not fill in any of the boxes dealing with your telephone number, fax number DX number or email.

Part C is all the evidence you will need at this stage to make the application. You do not need to and should not change Part C because the amount of the debt has gone up with the entry of judgment. Indeed, the amount of the judgment ought to be the same as the amount of the claim. I can answer why if necessary.

Fees
The fee is £75.00 and NOT £35.00. A fee of £35.00 is payable on an application to vary or suspend enforcement of a judgment. Bob's application is not to vary or suspend but to set aside. The fee may be remited on any one of the grounds set out by me in post no34 which for the sake of clarity I repeat below:

When you present your application you will have to pay a fee to the court of £75.00 unless you receive one of the following means-tested benefits:
• Income Support; or
• State Pension Guarantee Credit; or
• Income-based Job Seeker’s Allowance; or
• Working Tax Credit provided you are not receiving Child Tax Credit; or
• your gross annual income does not exceed a specified limit. (See leaflet EX160A for more details).

If you show that a payment of a court fee would involve undue hardship to you, you may be eligible for a part remission. The amount decided will be based on a detailed means-test to assess your disposable income. Court staff will calculate what contribution you should make towards the fee.
For further information, or to apply for a fee concession, ask the court staff for a copy of the combined leaflet and form EX160A – Court fees – Do I have to pay them? This is also available from any county court office, or a copy of the leaflet can be downloaded from the website Her Majesty's Courts Service - Home.

As Olives point out, you will need to show that you are eligible for a fee remission. Take with you to the court any evidence which shows you qualify for a fee remission because you receive one of the means-tested benefits I mentioned above or because paying the fee would cause hardship.

x20

[bobneedhelp]

Yes have deleted x40 and thanks again for reaffirming. X20 .. will do same and go to court tomorrow to hand forms.
One more question - Do I have to prepare a defense when i attend court? If need be, I am trying to do one now and would you, x20 and/or Olive be prepared to read through for me in PM - tell me it is not necessary! and I will just drop the 3 copies in tomorrow only .... I am feeling very tire and I am sure X20 is feeling even more tire than I ...his help has been god sent and I would not have done this on my own at all ...thanks again and again for bringing me through x20, Olive.Family and all in this forum. I will report back after the hearing, or if I receive any mails and further help needed (which i will can now open without feeling fearful)

[StayingCalm]

Well done Bob, you're doing great!!

Just posting to offer a little support, and to thank x20 for his superb advice.

Good luck for tomorrow, thinking of you

Regards
StayingCalm

[bobneedhelp]

StayingCalm, many thanks I need every bit of support and luck - the help given by x20 ..words cannot express my thanks to him and all you people. So glad to found site but now I have another issue when I re-read opened letters. Another DCA has put a CCJ against me - what do I do now? Help please again, or do i put it in a new thread in the forum for help yet again ...and seek help there.

[bobneedhelp]

I don't think I am entitle to any benefits since I did not apply for them. I will get the money from my brother to pay for this fee. Although I have been unwell, I have managed with lots of help from family, relatives and friends to see me through without resorting to benefits, doing odds jobs etc- not sure why I did not apply for benefits since i have been paying tax for over 20 years of working.

[surfaceagentx20]

Bob,

It seemed to me you could do with some help on the matter of the rising debt owing to costs fees and interest.

Costs
Costs are distinct from fees in that costs represent what may be added as an allowance for a lawyers fee in representing a party in a case. In this case the oponent does not retain a lawyer and the right to recover costs does not exist.

Fees
Fees are sums of money paid to the court on the issue and during the course of a court case. Fees may be added to any liability. It is highly likely that the default judgment which was issued included £75.00 for ther court fee paid to begin the legal proceedings.

Interest
I haven't seen the default judgment so I do not know what it says. However, if the default judgment includes a sum representing interest, the judgment has been entered for an excessive amount. The judgment ought not to include anything for interest. Remember, the claim included a claim for 'statutory interest of £0.00 and continuing statutory interest at a daily rate of £0.00 until judgment or sooner payment'. If they claim £0.00 for interest, that is all they are entitled to.

Besides, if the original claim is an interest only claim (which it would appear to be), the addition of further interest would be to claim interest on interest which, though widely claimed, is prohibited under County Court Act 1984 s69(4).

If the amount of the judgment is excessive, arguably, the Defendant should be entitled as of right, to have the default judgment set aside as an irregular judgment. Alternatively, to have the judgment varied downwards to the correct sum.

Of course once judgment is entered the claim ceases as such and becomes a judgment. Most judgment debts carry interest pursant to the provisions of the Judgment Act 1838 s17. But not all of them do.

Section 74 of the County Courts Act 1984 confered power to allow county court judgment debts to accrue interest. Accordingly, the County Courts (Interest on Judgment Debts) Order 1991 was introduced. The Order allows interest to accrue on county court judgment debts of £5,000.00 and over, with certain exceptions. Conversely, interest does not accrue where the judgment is for less than £5,000.00.

Since Bob's judgment is for less than £5,000.00 no further interest will be recoverable on the judgment. The judgment can only be for the amount of the claim plus the £75.00 court fee, plus any other sums for costs (if the opponent appoints a lawyer) and fees which may be added in the future.

Further still Order 2(3)(a) of the 1991 Order states in relation to a judgment of any value (ie a judgment whether or not it is more than £5,000.00), that 'Interest shall not be payable under this Order where the relevant judgment is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974'

The recovery of any post-judgment interest is thus restrained by [1] s69(4) of the 1984 Act and [2] the 1991 Order.

Besides being of use to Bob, this post may be of general interest on the topic of the recoverability of interest pre- and post-judgment in the County Court.

x20

[surfaceagentx20]

Originally Posted by bobneedhelp

Do I have to prepare a defense when i attend court? If need be, I am trying to do one now and would you, x20 and/or Olive be prepared to read through for me in PM - tell me it is not necessary!

Bob,

It is not necessary for you to have prepared a defence for when you attend the court to issue your application or later at the hearing of the application. Besides, the Particulars of Claim filed by your opponent are shockingly inadequate. It would be quite impossible and inadvisable to second guess what your oponent might be talking about. The District Judge will appreciate how awful the Particulars of Claim are the moment he casts his eys on them.

Assuming the District Judge sets your judgment aside he will make further directions. One direction you can anticipate is that your opponent will be ordered to file comprehensive and comprehendable particulars of the claim. Your defence will be in response to these new particulars. In any case, the Judge will give you directions as to the circumstances when you should deliver a defence. File your defence in the way directed by the Judge.

x20

[StayingCalm]

Hi Bob

I'm fairly new here dealing with my first court claim for an abbey credit card debt of nearly 12K (change of circumstances and all that). Have received excellent advice on how to deal with these horrible bankers, DCA's and solicitors (if working for the other side) but fingers crossed this debt should be written off as they could not provide (so far) the credit agreement.

My advice to you would be to try and keep calm, deal with one thing at a time and follow all advice given here and you will get the best possible outcome.

Regards
SC

[bobneedhelp]

reading this too .. I am beginning to understand a little more each time when i read/reread again ...it will sink in at some stage ..although I am darn tire, I have found another of the letter that I opened earlier and when i re-read through them.
This one is from Cope's stating that there is a Claim made by Arrow Global ltd and have a Registered CCJ against me. Like the others, I have not make any repayment or communications since 2000. Is this Statute barred? and if so what can be done with them registering a CCJ against me now. All their correspondence started in early 2008- have posted a PM to x20 to see if he can help in this matter now.

[surfaceagentx20]

Bob,

I've PMed you back advising you to start a new thread about the Global case in order that the two cases may be kept distinct.

I think it would be inadvisable to discuss two legal cases on the one thread. Members joining this thread may be confused into thinking that advice in relation to the first case applied to the second case. It may be that the advice differs and I would not want members to be misled.

x20

[bobneedhelp]

yes indeed you are right there x20 and thanks for the reminder. I will start new thread - titled Registered County Court Judgement

[bobneedhelp]

x20 hello
read through Form N244 sa in form?w a small error under claimant and reference - made correction by using tippex - claimant reference should read xxxxx and not xxxxxxxx. Hope it is alright to use tippex to cancel the 3.

You mentioned I can use the same line i.e. N244 form for my CCJ case with a little modification -

what might this modifications be if I may ask, please?

[bobneedhelp]

x20, Olive
Handed in papers to court - they will write to confirm date for Hearing - it was hard but I did manage to get it in.

NOW What? and How? do I plan for this Hearing? Like what do I say? Anyone had experience of this who can share with me the process ....Step by Step Guided Experience ....I need it badly! Truly appreciate if anyone can help ....Thanks very much!

[surfaceagentx20]

Bob,

What happens now depends on whether you informed the court that the hearing of the application for a charging order was fixed for 1 September?

Did the court say they would fix the hearing of your application to coincide with that fixture?

x20

[OLIVE.FAMILY]

Well done BOb. Going to court is the first hurdle. It is a difficult thing to do but you done it and only a day after opening the letters.

I can tell you now this time next month you will be gutted if the postman doesnt bring you any mail for you to open and you will be feeling so empowered it will a case of DCA BRING IT ON.!!!
Dont forgot to let me know the court date and IF i havent got mine booked up then I will be there for support. Maybe a quick celebratory drink afterwards.

Keep It Up

Olives xx