Does interest normally continue to be added on a daily basis after a charging order has been granted (like in my case?)

Yes, have made a small claim for damages in the amount of all the extra letters I've had to write etc. and for my time (all at very low rates) Looks like I'll have to wait for hearing date then... seems to be a waste of everyones time, as they have no possible chance of defending the case as far as I can see?

I had a charging order made against my property (which is both my home and also my commercial property) a couple of years ago, which I always maintained was totally unfair. Now, this wasn't a consumer credit agreement, but a sort of contract hire agreement on a piece of equipment. To cut a long story short, the deal was totally mis-sold to me, so I refused to pay any more for it. The finance company took me to court and won on grouds of breach of contract by me. - As an aside, the contract is not sound anyway, for various reasons, such as all the details not being present when I signed it, and they filled in some later and then signed it etc., I pointed this out best I could to the judge, but he wasn't at all interested. Anyway, I refused to pay the judgment, and so they got a charging order on my property WHICH CONTINUES TO ACRUE INTEREST on a daily basis. I have always wanted to take this one back into court, but quite simply cannot afford a good lawyer to fight it, in case I loose. It doesn't qualify for legal aid in any way, so just another case of unjust law due to lack of fighting funds. Don't know if this would be of interest? - the principles are the same about gaining a security when it wasn't intended to be a secured deal in the first place, but it is a business rather than a consumer contract. Let me know. PM me if you like

Hello all! To cut a long story very short, I have been in battle for almost 2 years to get a data controller to comply with my Subject Access Request. They refused to send me anything for around 18 months, have now sent a little, but still not everything. I know some of what they refuse to send is incriminating, which is obviously why they don't want to send it. They have had numerous reminders that they are in breach of the DPA, and the ICO have been involved for the last 6 months or so. The ICO state that the Data Controller is in their opinion in breach of the DPA (this is as defininte a thing as you will ever get from the ICO - as only a court can actually rule that they have broken the law obviously) Anyway, by their letters, the data controller has admitted to failing to comply with the DPA. The evidence itself in the case obviously confirms this, in as much as there are letters to and fro myself, ICO and the data controller which clearly state the facts which no-one denies. Also the ICO say a breach is most likely to have occured. Therefore, I made an application in the county court for enforcement of the DPA - IE to force the data controller to give up the information they are still withholding. Now, the judge has seen the papers, seen the ICO letter etc. but has decided that 'mediation' might be appropriate, which is complete twaddle! - they have refused all attempts including numerous letters from myself, an internal review procedure, and the involvement of the ICO to comply with the law, and now I want a court order forcing them to do so, as they will then be in breach of court if they continue to refuse. A court date has been set for a hearing, but not until near the end of february. I am suffering considerably as a result of this data not being provided (which I won't go into here) So, what I want to do - and need some help with - is applying for a summary judgment on the case, which I think will be quicker than waiting for the hearing. The court is sending me the relevant forms to do this N244 general form apparently. Is there anyone out there who can help? - has this been done before? - any other successful court cases that have enforced subject access requests? I gather a summary judgment application needs to be worded in proper legal speak, and quite simply I cannot afford a lawyer to do it. Any help much appreciated.

No doubt you'll get a letter of complete drivel in due course... probably from their solicitors (DG SOlicitors) who seem particularly good at writing complete and utter nonsense!

I see no reason to sign any confidentiality clause unless they are offering SUBSTANTIALLY EXCESS of your legitimate claim - confidentiality should come at a massive price after the way you (and I) have been treated... your claim is only the absolute minimum you are entitled to, especially if you are not going down the contractual rate interest route - so stuff them with their clauses! Either they pay out of court with no conditions whatsoever, or challenge them to go before a judge and argue their case... It makes me sick the banks think they are doing US a favour by settling out of court, when in fact it is their ass they are saving by settling out of court... The absolute most I would be prepared to sign would be "I agree to bring no more action against HSBC for these particular referenced charges on this particular named account only" ... anymore than that would be unreasonable and intimidatory

I've had the usual fob-off letter from Equifax with the usual load of crap about "we can't change info on your credit file unless the bank says so"... I really can't be bothered to type it all out here, you know the score by now! They are "investigating" (honest ) the searches and will let me know in due course. Will keep you posted!

nope, not a pre-hearing, in the allocation notice it stated that the documents should be sent 14 days before... so we shall see what happens in the morning!

The chap at the court reception just told me to tell the judge that I have had no copies of the witness statements or other documents, though he couldn't give any legal advice (as they never can) he said "it's their fault if they haven't sent you anything" StormWarrior: - I'm not 100% sure no, as I have placed ads before in the publication, hence me asking numerous times for them to clear up exactly what the alleged debt is for - I suspect it could be for ads already paid you see, or even for ads placed by other businesses at this same address (it has happened before that ads I placed have been invoiced to other businesses here and vice-versa) ... I'm quite happy to pay for anything I've genuinely ordered, as I have said to them, their solicitors and the court, it is just that they and their solicitors will not send me any evidence whatsoever! - nor it seems have they sent any to the court... All I am concerned about is them producing some evidence at the last minute, thus me loosing a court case that need never have been brought to court in the first place, and me then being ordered to pay their solicitor and court costs. The only real "proof" I've got of offering to settle (that I can show to the judge) is my recorded delivered letter to their solicitors when they first said they would take it to court - so I don't know if that will be enough to show the judge that I have tried to settle reasonably out of court? It is all very bizarre! ... I shall keep you posted as to what happens in the morning - could be interesting!

Yes, on the notice of allocation thing it says that witness statements etc. should be provided 14 days prior to the hearing. I don't actually have any "evidence" as such, just the letter that has already been sent (recorded, obviously) to their solicitors - I can't actually prove the phonecalls as I don't have any recordings of them... I suppose I might be able to prove I have phoned their number if I look hard enough through phone bills, but then that doesn't prove anything of worth in any case. I am going with the assumption that the burden of proof of any debt is on the claimant, any other scenario is logically nonsense, since I can't prove that I don't owe santa claus £1million I will go down the court house in a bit and seek advice - it is only down the road - will post back what they say. Thanks for the advice Glenn

Hi Glen Yes, AQs were sent out and returned, I also sent a seperate letter to the court manager as I have consistently tried to settle this out of court, but the claimant and their solicitors are being deliberately obstructive - basically they will not send me any evidence of me ever having placed the orders (for advertising in a publication) they claim I owe payment for. I put in my defence that I had repeatedly asked by phone and letter to both the claimant and their solicitors for information such as copies of any invoice, order form, signed off artwork etc., but they will not send me anything (so either they haven't got anything, or are forcing me into court in order to unfairly rack up costs against me). I was surprised to hear they intended to bring 2 witnesses, as I can't think what could have been "witnessed" and was looking forward to seeing their statements, but as I say not a single word from them. I suppose there is the minute chance it was a scare tactic from them and maybe they won't even turn up at court? If they do show up, and provide "evidence" at the hearing which I have not had chance to review, and judgement is made against me, I cannot see how it can be fair that costs would be awarded against me, as I have made every effort possible to settle out of court, simply I do not recognise what the amounts being claimed are for, and have asked the claimant to clarify - they refuse to do so, so I do not see why I should pay for something without them supplying a single shred of evidence that I owe them anything? Can the claimant get away with saying "well, we definately posted the statements 14 days ago, they must have got lost in the post" ?

*bump*

Hi All I'm due in court tuesday as defendant in a case - not on bank charges, but someone else who is trying to get money out of me - the exact details do not matter for this question. In the thing the court sent out to me, it said the claimant was calling 2 witnesses. Now, I have had no copies of any paperwork "evidence" the claimant will be relying on, nor any witness statements, and as I understand it, the claimant is supposed to send copies to the court and me at least 14 days before the hearing of any documents they will be referring to and also statements from each of the witnesses? So what should I do? Tell the court before tuesday hearing? Do I wait until I get in the courtroom before saying anything? Can I get the case struck out on this technicality? I'm representing myself, so any advice and/or the correct legal proceedure/terms would be greatly appreciated!

blacksheep - I didn't say it was the creditors fault at all... but as you don't seem to bother to read anyone else's posts properly, I don't expect you to read mine properly either... I said they take a calculated risk in lending money, and therefore since it is a risk, they should, and indeed do, expect some bad debt.

That is exactly the argument they use for needing to constantly access our private information on the CRAs - so they can assess our creditworthiness... they can clearly see that an individual has, for example, a handfull of credit cards with a total balance of perhaps £30k or more, so if they choose to give that individual another card and transfer £10k of that debt in order to make some money out of interest, then they are taking a risk... the lenders are WELL aware of the risk they take, and I dare say it is very carefully calculated by rafts of very clever accountants... as has been said before, our claims of excessive bank charges etc. makes a hardly noticeable dent in their profit. The lenders factor in a percantage of bad debt, just as retailers factor in "shrinkage" into their shop floor prices to allow for the amount of stuff they loose to shoplifters. Anyway, sorry for hijacking the thread, just venting my frustration!!