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About MOSS 41

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  1. Hi- yes create your own topic , I can help with some information , and respond there
  2. Ok- Good to know , I don’t have money for the costs so I could do a payment plan , but knowing them they will go straight for bailiffs and refuse any payment plan - that’s what they have done all along just don’t want any registered CCjs
  3. Yes I was going to do a certificate of cancellation so it doesn’t appear on our credit reports - but do I do it twice - one for each of us ? thw judgement was handed down for the 25k and 1600 int today but costs moved to another hearing so do I have 30 days for the above and the costs becomes its own ccj and o have 30 days from when that happens - as a separate amount ? can wait for costs hearing as don’t want to miss 30 days limit
  4. So I send bank statement as proof for satisfaction of ccj within the 30 days - to the court for each of us or just once anda pay the £15 fee I know the claimant won’t tell court it’s paid
  5. Been a while - to get to costs hearing - still not sorted today - judge said pre action breaches important and refusal to adr in assessing costs their barrister acts all surprised , saying it’s not fair , don’t know anything about this etc what breaches , what adr point out it’s all in witness statements - this isn’t new Information he asked for adjournment to get answers form his clients - it’s ridiculous costs decided at end of hearing - you don’t get to plan your arguments for another day etc wha
  6. barrister still being slow to respond or advise me on anything, i don't agree their excessive costs etc, so do i just say don't agree and ask for hearing or to be dealt with in paper? have all evidence preaction breaches 6 save as to cost settlement offers etc theyve even stated, they will not let unilateral notices get removed off my properties , even after its paid as they have indemnity contractual right to get all costs paid no matter what court says before the remove charges. 1) they havent made a claim for any indemnity, just a per
  7. No- last Tuesday received written decision that had been reserved on the day due to time it said it planned to officially hand down two weeks later , the parties had two weeks to agree to consequential orders , we obviously don’t agree amount yes , interest yes but cost schedule ridiculous and no , ac have all ADR request letters etc too - refused etc , I want judge to see
  8. Barrister not responding to me - I sent all paperwork - about offers fo ADR , all the breaches of pre action sent recorded delivery to claimants throughout etc - save as to costs settlements offers I don’t know whether to email court direct and say I don’t agree costs here’s all my points of dispute for his consideration and ask permission to appeal and see what happens at hand down ?
  9. Unfortunately as I suspected , the barrister really made no effort - he made an easy bit of money - 2 page skeleton , no citations and hardly no speech through whole trial - and hasn’t answered a message since - while we wait for judgement just got judgement -(reserved you be passed down in 14 days unless handing down hearing required by teams ) we lost - on the plus side it’s for the original loan amount 25k not the thousands higher amount they claim - so that’s potentially payable it make no mention of costs or interest though ? At all
  10. direct access- fixed fee for hearing and preperation for one day hearing dictated by case managment payable in advance
  11. too late, you have to pay in advance , you dont know how good they will be until they are in a court room. i dont know if our barrister was more calculating and correct, so took the correct approach, or it was a minimum effort job -he says the opposition was in dangerous territory as their barrister kept telling the judge how to decide, do his job etc, which is a big no-no (i feel he could have said more, put case law forward proving why directors signatures are different, he did point out their case law couldnt apply, and he was right in every aspect discussed)
  12. No need to bother , really , just as I read it , it was unfair on the other creditors - what grounds can they disagree on income and expenditure , we have tax credits and DLA for my daughter , but obviously have some equity in our house this may not all happen yet , I just always prepare for the worst with a plan and hope not to need it - I was exhausted after the hearing Friday, I was cross examined for 1.5 hours - no one stepped in , no one halted it for a break I lost my temper at one point as their barrister Kept smirking and smiling , making little no
  13. they wont agree it though ?? can you fight a charging order?, as on the form they have to list other creditors, they wont declare our other creditors, even though weve given them a list, and it would be unfair on all the other creditors?
  14. i buy second hand furniture and have a £300 tv everything in my house (every single item completely removed ) wouldnt raise 3k at auction. would be a waste to instruct bailiffs, they couldnt take everything, either because of my daughter. we dont own expensive things, we buy our clothes at asda. third party debt order, is to restrict your bank account ?? its empty (overdrawn) does N245 stop all enforcement?
  15. see if there is no interest on the CCJ in effect if they got a charging order and i paid say £10 a month, its basically turned into interest free secured lending, which i could never get on the high street the debt would never increase , if i ever sold my house they would get the balance which had never risen over time im not selling my adapted house - so pretty much unless they are still in business in many years to come, they get practically nothing back even after all this. plus they report last three years on companies house they are in doubt t
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