VG - Vs Northen Rock - Charging Order

[Von Greenbach]

Are they still charging you interest even though the loan is with a DMP?

I'm not sure GL as we just pay them a mothly amount but no idea how it's broken down.

[Von Greenbach]

Your monthly PPI payments were £22.27, so you calculate the interest on each payment, from the date of each payment.

 

keep a note of each in a vertical column, than add it all up.

Hi Cageers

 

Sorry to be a nuisance but is anyone good at using the calculator?

 

I just can't get my head round it :cry:

 

Compound interest calculator

[Von Greenbach]

My hearing is listed for next week, if and it's a big if I'm successful am I allowed to ask for costs?

[hammyhound]

Hi VG

 

I would also like to know the same, someone said you cant as you are a "litigant in person" I think the best thing to do is at the end of the hearing when you have won (think positive) ask the judge for costs to be awarded against the Claimant, let the judge decide, no harm in asking but I know there is a thread somewhere where someone has produced a schedule of costs for a "litigant in person" but not too sure if you could use that. I do know that if you use a schedule of costs for the hearing it has to be sent to both court and solicitors 7 days before the hearing.

 

Only my opinion though

 

Will be keeping an eye out next week.

 

Think positive

 

HH

[Von Greenbach]

I do know that if you use a schedule of costs for the hearing it has to be sent to both court and solicitors 7 days before the hearing.

Hi HH

 

7 days before the hearing, I'm late then.

[hammyhound]

Dont really know why this is, trying to find the threat but having no luck, have you received anything from the other side yet regarding their costs.

 

HH

[Von Greenbach]

No, I've not heard from the solicitors since they were granted the interim charging order in October

[hammyhound]

Well the solicitors in my case sent me theirs 7 days before the hearing nearly a whopping £700, still looking in the threads, will be back

 

HH

[supasnooper]

My hearing is listed for next week, if and it's a big if I'm successful am I allowed to ask for costs?

 

 

Yes, if you are successful in getting in your appeal against an Interim Charging Order being made final, make a polite request to the judge for an order as to your costs against the claimants solicitors for the Litigants In Person rate of £9.25 per hour.

 

Also, don't forget to make a request to the judge if you are successful that the solicitors remove all the markers of the Interim Charging Order from the Land Registry and ALL creditors within 14 days.

Accept no excuses from the solicitors on this, they placed the markers on, they get them off !!

 

Look at it this way, go to move your mortgage to a lower rate scheme, the Building Society would refuse because of the Interim Charging Order.

How much has this cost you ?

[Von Greenbach]

How much has this cost you ?

tbh I've no idea snoops, the hearing next week is for

 

set aside - rederterminaton - interim charging order all 3 combined into 1 hearing

 

as for my mortgage it's up for renewal within the next couple of moths as my currant deal expires

[caro]

This should help you with it VG.http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates/143-wasted-costs-order-.html

[Von Greenbach]

Hi caro

 

thankyou I'll try and get my head round that link is this what i should be completing?

 

Draft General Form of Judgment or Order

 

I never created a spreedsheet as advised on that link for the time I've spent on this and the claimant never replied to my crp18 or cca request so does the part below apply to my costs?

 

If your bank has used other tactics to impede or frustrate your litigation then include a brief account of it in this letter.

 

Such tactics by the banks are deceptive and calculated to frustrate justice.

 

The bank has wasted your time as well as that of the courts and you should require that your wasted costs be paid by the bank.

 

[caro]

Your first priority needs to be to make sure you have all your arguments and questions ready for the actual hearing. I need to remind myself about the Interim Charging Order. Did you and NR have to provide court bundles?

[Von Greenbach]

I submitted my defence 8 days before the redertmination & interim charging order hearing.

 

5 days before the actual hearing I submitted a set aside application which has been granted and added to the 2 listed above.

 

A new date was then set for all 3 above

 

I have everything set for the new hearing.

[caro]

Ok back to wasted costs then. I think the lack of CCA and CPR18 request are relevant. Have you acknowledged the debt in your defence or saying it's unenforceable?

[Von Greenbach]

My DMP admitted the debt in my defence

 

I requested a set aside on the basis an incorrect defence was submitted (by my DMP issuing an I&E) plus defective default notice and unlawfully termination of account.

[caro]

Not sure on this one VG. I'll see if anyone more knowledgable is about who can advise you.

[Von Greenbach]

OK caro thankyou so far

[Von Greenbach]

Caro

 

Any advice please?

[MARTIN3030]

As regards costs its my understanding that it must be delivered within 24 hours of the hearing.

This is from Surfaceagent;

 

To achieve a costs order you should draw up a bill of your costs for summary assessment and deliver it to the other side not less than 24 hours prior to the hearing. Use the name and address given in the SD for communication as the name and address to send your bill.

 

Use Form N260 to produce the bill. Enter the case particulars in the heading and leave the name of the Judge blank. The form is drawn for the use of lawyers but you may modify it as follows:

 

At description of fee earners write at (a) 'Litigant in Person'.

 

At 'work done on documents' insert at (a) a number as the number of hours you say you have spent on dealing with this matter. The hourly rate will be £9.25.

 

Then at 'Attendance at hearing', at the first (a) put the number 0.5 at £9.25 at at the second (a) (Travel and Waiting) put a number for the time it will take you to travel to and from the court pus 0.5 for the time you are likely to hang around waiting.

 

Then on page 2 insert a price for your travel, parking etc expenses.

The form will compute the values and spit out a total.

[42man]

VG.....i'm not 100% down the line this far.....if you need any help send me a PM, just know your stuff about enforceability, or if yo uneed case law let me know. Wishing you good luck.

[Von Greenbach]

Thank you Martin, I'll have a go and see how much it comes out at

 

42man, I've PMd you.

[Von Greenbach]

Martin

 

What about adding the costs of special delivery postage and the set aside fee, does that come under work on documents?

[MARTIN3030]

I was looking at that myself-when I did mine I drew it up myself on Word doc.

This seems to lack provision to specify detailed info.

Yes you could put it in there.

Theres nothing to stop you atatching a supp page with a more detailed breakdown.I was informed that as a rough guide you should submit roughly a third of what they would charge.

The problem of course is that you have no way of knowing until you see it.

I got mine 2 hours before a hearing-I dont think its something they want you to get enabling you to have lots of time to ponder over if you get my meaning.

[MARTIN3030]

Its all here.

 

 

PART 44 - GENERAL RULES ABOUT COSTS