Welcome Finance / Hegarty LLP Court Proceedings - Urgent Help Needed !!!

[AndyOrch]

Responding to your PM.

 

Yes the layout and form are fine...I cant really comment on the content as I don't really know the details of your thread.

 

Regards

 

Andy

[danpe]

Thanks a lot Andy

 

Best Regards

 

Daniel

[danpe]

There is no Justice even at Courts!!!

 

The Judge followed claimants instructions through the hearing and when making the order.

 

They are to calculate what is owed, taking only part (whatever they think is appropriate) of PPI off but adding 4% interest and all their costs on top.

 

I tried to argue that I should not be liable for their costs as they did not comply with pre-action conduct, did not follow judge instructions to use the mediation service etc but I was ignored.

I wasn't even allowed to finish what I was saying - claimant said the hearing is finished and judge only smiled and that was it.

 

I am devastated....

[danpe]

I told the judge that I will appeal against the decision but the question is: is it worth it?

 

What I would dispute is the amount of PPI that is to be taken off while calculating what is owed;

The costs of £555

And the interest - 4% from December 2011 - I asked why from this date and judge said that this is what they are claiming that's why.

 

Any thoughts Anyone?

[AndyOrch]

From their particulars:-

 

" interest under s69 of the county court Act 1984 at the rate of 8% a year from 5/12/11 to 16/5/13 of 632.94 "

 

Sorry to hear this danpe...but hes halved their interest claimed so £316.

 

Andy

[danpe]

That's something indeed.

 

but

 

Judge accepted as a fact that they received the PPI cancellation letter that consisted my request to recalculate the loan plus repayment offer. So obvious became that they were in fault by ignoring it and making the claim so why she ordered I am liable for their costs.

I proven they defaulted the account without serving it upon me and they did not sent all the documents requested in CPR letters. No pre action letters.

In addition Judges directions before hearing were clear that the parties have to use the mediation service and inform the court either the matter is resolved or not. They ignored it.

 

IS THIS NOT ENOUGH TO PUNISH THEM COST-WISE?????

 

I even tried to argue about it as I wrote earlier on.

 

I would accept judges order without question if not this.

 

Am I wrong?

 

Regards,

 

Daniel

[AndyOrch]

No you are not wrong Dan and I fully understand your frustration and agree with your sentiments...I posted the sec69 as you asked why it was from that date.

 

Andy

[danpe]

How much time do I have to appeal, please?

I asked on the day of hearing for the judges permission (granted) and the time limit but they weren't sure. They given me N164 form and advised there will be a fee required.

 

The hearing took place on 14th of February but the Court order dated 19th arrived yesterday 20th.

It states:

 

1. Judgment for the Claimant on liability. Damages to be assessed to take into account the cancellation of the PPI policy by the Defendants letter dated 27 March 2008.

2. The Claimant to serve on Defendant by 4pm on 27 February 2014 a schedule of arrears to take account of:-

a) notice to cancel the PPI given by letter dated 27/03/08 and any refund or premium due;

b) any interest that has been charged on such premium from that date.

The Claimant to serve also an explanation as to the calculation of the sums in (a) and (b) above.

3. The Defendant to serve on the Claimant by 4pm on 6 March 2014 any objections to that calculation or confirm it is agreed.

4. The Claimant by 13 March 2014 to notify the Court whether the judgment to be entered for an agreed sum or the matter be listed for a disposal hearing with a time estimete of 30 minutes.

5.The Defendant to pay the Claimants costs of £555.00 to be paid by 27 February 2014.

6. The Claimant is entitled to interest at 4% on the judgement sum from 5 December 2011 to 13 February 2014.

Dated 13 February 2014

 

I am prepared to appeal against the costs but already have a letter from claimant demanding payment by 28 February 2014 or they will notify the court of failure to comply with court order.

 

What do I do now? What is the time limits?

 

Regards,

 

Daniel

[danpe]

The other question I would have is about par 4 of court order:

The Claimant by 13 March 2014 to notify the Court whether the judgment to be entered for an agreed sum or the matter be listed for a disposal hearing with a time estimate of 30 minutes.

Would it be stated or forthwith? If I accept their calculation and they notify the court what time will I be given to clear the debt before the judgment is entered against my name?. Again, I did ask the judge on the hearing but the answer was:" If you pay within 14 days you should be ok, I think" she said. I think?!

 

Would greatly appreciate quick response as I am afraid I only have 7 days to appeal but not sure if from hearing date or the day I received the order.

 

Regards,

 

Daniel

[AndyOrch]

Responding to your PM danpe.

 

What exactly are you appealing against......? The claim is not resolved yet.

 

You have 21 days BTW.

 

Andy

[danpe]

The claim is not resolved but I am ordered to pay their cost of £555 by 27 February 2014 and already have a letter from Claimant demanding the payment. I thought it will be ordered together but it's not.

I would like to appeal against the costs and interest relying on non-compliance as per Practice Direction Section II.

 

What is BTW?

 

Daniel

[AndyOrch]

BTW = by the way......did they serve you a copy of their costs before the hearing?

[danpe]

no they did not

[danpe]

Judge asked the Claimant what is your cost now. They said £555 and that was ordered to pay by myself.

[AndyOrch]

So have you had a separate judgment through for this?

[danpe]

No. The only judgment I have is posted above #83 - it is the exact wording of the order

[AndyOrch]

Excellent so where does it state legally that you must pay the costs by the time stated?

[danpe]

Not sure if I understand what you meant Andy.

?

[AndyOrch]

" I am ordered to pay their cost of £555 by 27 February 2014 and already have a letter from Claimant demanding the payment. I thought it will be ordered together but it's not."

 

 

Who ordered and by what method? in writing or verbal?

[danpe]

I have posted the order above.

Post no #83

[AndyOrch]

Righty oh didn't see that...okay 2 options...set a side or vary the order (N244 or N245).N244 to dispute their costs as they failed to serve them on you pre hearing..N245 to stay that part of the order or to agree an affordable payment plan

[danpe]

So not N164 to appeal against judges order relying on non compliance. So that I could appeal against the interest on the same grounds???

 

With regards to the costs, the only information about their costs is included in particulars of claim. Never received anything else.

What time limits and cost of N244&N245?

If affordable payment schedule would it affect my credit record?

Please.

[AndyOrch]

I'm only referring to the Costs nothing to do with the ongoing claim.

 

Ideally you need to submit before the payment due date N244 £45 or if you use N245 £40 and with regards to the costs amount I would assume they would just add that to your debt they are already claiming which you have already been defaulted for.

 

 

Normally all costs are dealt with at the end of trial...this is very messy.

 

Andy

[danpe]

Ok. I will go for N244 before 27th. It would be easier if all of it was dealt with together.

My goal now is to avoid CCJ on my credit record. The only way to achieve this is to try to bring the order to the fewest amount possible and then pay it at once after borrowing money. If they keep breaking it into pieces my plan may not work at all.

Thanks a lot Andy.

Will post again when filling in the N244 Form as it would be handy to rely on specific regulations with regards to non serving the costs before hearing.

Regards

 

Daniel

[danpe]

Just had a response from court to my N244 which states as follows:

 

The District Judge has refused the application and stated the reasons below;

 

“this is an application to vary an order made at trial when the Defendant was present concerning summary assessment of the Claimants costs. If the Defendant wishes to challenge the summary assessment he must seek permission to appeal this order of District Judge of the 19 February 2014 and any application to extend time for such permission is required under CPR 52”

 

what does it mean?

please