Can Interest be applied post Judgment/urgent advice needed

[Mike_hawk]

Ok, with you now...........as far as I understand matters, in absence of any other action by Flint [counter, appeal] the c/o would be final at s130 value.

[Flintstone1]

Thanks all, am away so internet not great.

Other side agreed an exstenstion so paid £45 and the clerk sorted it.

 

Not finished by a long shot, but don't want to air just yet.

 

First off if a next hearing I really need a higher Judge who understands.

Oh also I am back as a LIP.

[Guest]

so, a fee app'n was required?

 

still can't believe that they got away with s130! given that you say that they never sent anything like what they turned up at court with #302!

[Flintstone1]

So frustrating.

Maybe reason they are dodging my SAR requests.

so, a fee app'n was required?

 

still can't believe that they got away with s130! given that you say that they never sent anything like what they turned up at court with #302!

[Guest]

So frustrating.

..

 

it seems that all it takes, without anything to the contrary, is for a cred to knock something up pre dated and say this is what was sent, thanks sol j! balance of probs! (as has been posted, the notice is not quite 'accurate' which demonstrates 'knocking up'!?). wonder what would happen if it was the other way around!

Edited August 14, 2012 by Ford

[Mike_hawk]

Flint

 

Attached may assist with SAR

 

Did the court confirm why a part 23 app was required to extend/stay?

 

SUBJECT_ACCESS_REQUESTS_AND_LEGAL_PROCEEDINGS.pdf

[Flintstone1]

Hi all,

 

hearing shortly to hear whether permission is granted for us to Appeal and/or commence a Part 20 claim (or pursue a counterclaim).

 

So to be allowed to appeal the original judgment (out of Time) and/ or counterclaim on the Interest Post Judgment.

 

I have 3 Authoritys in my submissions but dont want to say which just in case. Can you point any out, PM me if you wish.

 

Thanks

[Flintstone1]

Hi all,

 

hearing shortly to hear whether permission is granted for us to Appeal and/or commence a Part 20 claim (or pursue a counterclaim).

 

So to be allowed to appeal the original judgment (out of Time) and/ or counterclaim on the Interest Post Judgment.

 

I have 3 Authoritys in my submissions but dont want to say which just in case. Can you point any out, PM me if you wish.

 

Thanks

[Mike_hawk]

Hi Flint

 

Can't immediately think of any others not previously noted on here.

 

What happened to the 'informal' approach?

[Flintstone1]

Had the hearing. The Judge wasnt happy that i hadnt presented the application in the correct manner.

It seems my pleadings were correct but i hadnt presented the correct form.

Anyway he has extended for one last time, i am a little confused as his Orders are a Counterclaim or Part 20(but i thought that is a 3rd party claim).

 

Anyway without me digging, what is the correct form in my case for a counterclaim?

 

Thanks

[Guest]

what was the full order again?

[Guest]

The Judge will allow us to apply for permission to appeal order, out of time. Also allow us to apply for permission to bring Counter Claim which would be on the PJI.

which did you do? both?

counterclaim would require filing particulars of counterclaim cpr 20.4

form re app'n to appeal, and app'n for permission to counterclaim?

Edited October 31, 2012 by Ford

[Guest]

re fairness, have you also looked at bcobs if applicable?

[Mike_hawk]

Flint

 

Something that I spotted earlier, page 29 of 33 your attachment Pre-Post Judgment Interest Documents.pdf

 

Where does the inflated interest application of £11,605.56 for the periods July & August 2008 come from?

 

Loan interest of £14,917.17 had already been applied at drawdown 19.04.2008 to term date of 19.07.2008 so unless I'm missing something the accrued total has been running at circa 23k adrift since August 2008.... all future s130 or default sum notices would presumably then be innacurate.

[Guest]

which post # mike?

[Mike_hawk]

Hi Ford

 

Post #47

[Guest]

cheers.

does seem to be a gap there?

[Flintstone1]

Hi, attached is the POC stating this figure, the statement(bad copy) and the de-fault this may help explain or not!

 

Thanks

[Mike_hawk]

Hi Flint.......... it can't apply default interest prior to term end, the interest for the period was already applied at draw down. By applying interest again it has stepped outside of the terms of the agreement and compounded same. Interest also not to be increased on default..... CCA 1974 S.93.. Nor can it charge you any interest not expressly contained within the agreement........ I see no reference to a rate of 17.95% monthly or otherwise. Where are you with your application at the moment, couldn't work out if you'd been granted leave to appeal or counterclaim or both?

[Guest]

......... couldn't work out if you'd been granted leave to appeal or counterclaim or both?

 

ditto. was either or both applied for? and either or both granted?

[Flintstone1]

Sorry for late reply.

 

I took further advice prior to application and we decided not to apply at this time, the same judge has requested it everytime and we were getting nowhere and i felt he may have refused and we would have incurred substantial costs, and my legal advice was even unsure we had the correct directions from the J.

 

Anyway we have changed tact and are pursuing the 130a PJI Notices route. We know these were never sent (even though the J ruled in there favour).

This is also a pressure route, it would not sit comfortable with myself if i was the MD and knew i had lied in Court.

We have requested the metadata to prove these were sent, as expected they have wrote back saying the documents are produced by user generation and no "Time stamp" exists (i can PM the full reply).

I am unsure how to reply and have only limited knowlegde on this point, any advice?

 

Strangely they have shut off from us but now we have raised this they suggest a sensible way forward to look at a settlement, that speaks for it self.

 

Thanks

[Guest]

what could be of use is a sar, particularly re their communication logs. whether it was 'user generated' or 'auto' generated then there should be logs of it which would include date. seems difficult to believe that a large company/creditor hasn't got a record of what has been sent. a sar would show what sort of things are recorded on system. if this shows for eg letters, statements out etc then why doesn't it show any s130 notices?. it seems that they are trying to avoid on this?. recall that they refused sar due to litigation, but mike posted some info saying that that is no excuse?

Edited November 29, 2012 by Ford

[Flintstone1]

Thanks Ford.

 

I quote;

"...via a complex excel spreadsheet. This system produced the arrears notices, PJI Notices and Statements by user generation, but, as these were prepared as a calculation on a spreadsheet (being part of the loan book spreadsheet) these were not documents that were capable of being saved once they were printed. The sheet from which these documents were produced would simply re-populate with the next customers details following it being printed."

[Guest]

whilst an actual doc may not have been saved, surely they would have some kind of 'log' history of what has been sent? most banks/creds don't actually keep a copy of what's been sent, but they usually have a 'communication log' of things in/out? how else could they know what's been going on re an account? particularly where there is a dispute?

Edited December 2, 2012 by Ford

[Flintstone1]

Hi all.

Happy New Year.

 

Am pushing hard on my last point. Will let you know the outcome.

 

Thanks