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

[AndyOrch]

Hi danpe responding to your PM

 

Here is the relevant CPR the DJ refers to :-

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52

 

Here is the N164 (small claims track appeal notice):-

 

http://www.familylaw.co.uk/system/uploads/attachments/0002/2197/n164_e0407.pdf

 

...I didn't realise it was Small Claims Track.

Looked at the claimants particulars..they requested costs....no figure...which are not allowed anyway in SCT...not that you got the opportunity to dispute anyway.

 

So why has a DJ ordered a costs judgment mid way through a trial on a small claims track case

 

Was the costs awarded after an hearing and if so who requested the hearing and for what reason?

 

 

Are they badgering you for payment?

 

Regards

Andy

[danpe]

Cost were awarded during the trial hearing.

 

They requested the payment just before the payment deadline set in court order threatening that they will notify the court about non compliance with the order.

 

Judge granted the right to appeal immediately after hearing so I appealed on the 7th day.

 

The court has a delay in responding (4 weeks roughly).

 

I guess it is to late now to do anything. Isn't it?

 

I had a feeling that the judge was against me so don't really believe I can achieve anything at all. Sad but true...

 

Regards,

Daniel

[AndyOrch]

Are they badgering you for payment?

 

You can vary the appeal time ....read CPR 52

 

Variation of time

 

CPR 52.6

 

(1) An application to vary the time limit for filing an appeal notice must be made to the appeal court.

[danpe]

I haven't heard from them for weeks now so the answer is no. They requested the payment once only.

 

Is there any form to apply to vary the time?

 

What then? N164?

 

It is quite costly. I am worried about the appeal being turned down anyway and on top of the costs I pay for the appeals.

BTW I said to the Judge during hearing that I disagree with the costs order as it shouldn't be granted but was I ignored.

 

?

[AndyOrch]

And how is the claim...still progressing?

 

Yes appeals do not come cheap unless your successful and you claim the costs.

 

I would advise before you make a decision to read up on Small Claims and in particular SCT fixed costs...so you have an understanding why its so odd and if you have grounds to appeal.

 

Regards

 

Andy

[danpe]

I submitted my objections to their calculation , requesting the disposal hearing. I am awaiting judge's decision now.

I will indeed do some reading now.

Thanks Andy.

Will post as soon as I am ready for the next step.

Best regards,

Daniel

[danpe]

After reading it all again and again I only get more confused

 

What actually is judge saying in the response/refusal to my application? It does not say that I should use N164 but it says about the permission to appeal which I asked for just after trial hearing and it was granted.

 

What can I achieve? The claim costs and travel are allowed so if I have to pay for the N164 plus £45 paid already all I would save is circa £150 providing I will succeed on this application unless I can get back the application costs(????)

 

Help me please

[AndyOrch]

And how is the claim...still progressing?

 

Yes appeals do not come cheap unless your successful and you claim the costs.

 

I would advise before you make a decision to read up on Small Claims and in particular SCT fixed costs...so you have an understanding why its so odd and if you have grounds to appeal.

 

 

Andy

[danpe]

Spoken to the court. They said that from the reasons wording it seems that I did not have a permission to appeal. After explained that I asked for the permission immediately after the trial and it was granted they are sending the appeal documents to me. This way or the other I really doubt if this judge would ever make any order in my favour.

[danpe]

I am awaiting the courts response to my objections to the calculation so there should be the disposal hearing in the nearest future (court is about 4 weeks behind).

[AndyOrch]

But how is the claim proceeding...forget appeals and costs awarded partway through the claim.

[danpe]

The Court order is as follows:

 

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 on 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 estimate 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 received the calculation and have served my objections as they took off only part of the PPI (on the agreement it is split in two PPI and Accident plan - I never applied for Accident plan so in my understanding they should take off the entire amount-obviously this was not discussed during the trial) I have sent a copy of my objections to the court. I have requested the disposal hearing so I believe they notified the court that the matter is to be listed for the same. As the court is well behind it is not possible yet to find out if they did so.

 

Daniel

[AndyOrch]

The Court order is as follows:

 

1. Judgment for the Claimant on liability.(what was you liable for?)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 on 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. Have you done this yet?

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 estimate of 30 minutes.Have you checked the court to see what they have done?

5.The Defendant to pay the Claimants costs of £555.00 to be paid by 27 February 2014. We know about this one

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 received the calculation and have served my objections as they took off only part of the PPI (on the agreement it is split in two PPI and Accident plan - I never applied for Accident plan so in my understanding they should take off the entire amount-obviously this was not discussed during the trial) I have sent a copy of my objections to the court. I have requested the disposal hearing so I believe they notified the court that the matter is to be listed for the same. As the court is well behind it is not possible yet to find out if they did so.

 

Daniel

 

Andy

[danpe]

1. Judgment for the Claimant on liability.(what was you liable for?) - I don't really know what that is supposed to mean

 

3. The Defendant to serve on the Claimant by 4pm on 6 March 2014 any objections to that calculation or confirm it is agreed. Have you done this yet? - I received the calculation and have served my objections as they took off only part of the PPI (on the agreement it is split in two PPI and Accident plan - I never applied for Accident plan so in my understanding they should take off the entire amount-obviously this was not discussed during the trial) I have sent a copy of my objections to the court. I have requested the disposal hearing so I believe they notified the court that the matter is to be listed for the same.

 

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 estimate of 30 minutes.Have you checked the court to see what they have done? - As the court is well behind it is not possible yet to find out if they did so.

 

Best regards,

Daniel

[AndyOrch]

Okay well I would let the claim progress let the court get up to speed and ignore the costs order for now until the the rest is resolved.....post if there is any movement on the costs order.

[danpe]

Ok

Thanks a lot Andy

Dan

[danpe]

I have got a letter from claimant stating that I left them no choice but to notify the court about the need for the disposal hearing.

 

My question here is if they can do it now, 7 weeks after the court's order deadline (see below)?

 

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 estimate of 30 minutes.

 

They also requested an immediate payment of £555 (their costs awarded to them).

 

Regards,

Dan

[AndyOrch]

Missed the deadline then......you can object.

[danpe]

Thanks Andy.

How do I do that and what can I achieve, please?

 

Regards,

Dan

[AndyOrch]

Check with your court if they have requested judgment..have they made any applications (you should be served with a copy)...they could be bluffing.

 

Regards

 

Andy

[danpe]

I've spoken to the Court and they confirmed that they haven't heard from the claimant since the hearing.

They asked me if I wish the matter(they have a copy of my letter with objections to the calculation I sent to the claimant by 6th of March) to be refereed to the Judge and if so what I would ask the Judge to do.

 

Then I got the line cut off so will need to call them back.

 

The question is what do I ask the Judge to do? The lady I spoke to suggested they could ask the Judge to refer the matter for the disposal hearing based on the copy of my letter sent to the claimant but this is something I do not necessarily wish to happen.

 

Any clues, please?

 

regards,

Dan

[AndyOrch]

Then they are bluffing....let them make the next move.