Claiming old charges with contractual interest

[tnook]

Nothing yet from the courts.

[tnook]

Still nothing from the courts. No orders. Am I at risk of getting a CCJ? It's been 2 weeks now.

[AndyOrch]

Depends whether the court awards them Summary Judgment or simply struck your claim out...but they will get judgment on their costs.

[tnook]

Very confused at this stage. At the application hearing the judge said he would order the claim is struck out with no realistic chance of being successful and that he would order they get costs. Then BC solicitors and the judge spend ages going over their costs, I never got a final figure. The call ended and I have no idea what I am expected to do. Two weeks seems a long time. Or does this go back to the courts for another judgement on the main claim?

[AndyOrch]

No your claim is finished......I assume that the final General Order is being finalised (Costs)...lets hope he didn't award them SJ.

[tnook]

I'm thinking of raising a complaint about the deputy judge afterwards. I felt he was incredibly biased against me as a LIP. He had a running banter with the counsel and kept ignoring, dismissing and deflecting everything I brought up. When I went over things like the OFT decision from 2006, he ignored the content interrupted and barked at me "Oh so you admit you knew about this back in 2006". He focussed more on handling of credit 20 years ago than the points of law I was trying to bring up. At the end of the call, when he was closing, he chuckled and asked counsel if they thought I was still on the line. It was a horrible experience.

[AndyOrch]

Wait until you get your Notice and then consider your options from there.

[tnook]

I received the General Form of Judgement or Order this morning. 

 

Quote

It is ordered that

1. The claim is summarily dismissed pursuant to CPR R24.2 on the basis that is has no real prospect of success and/or struck out pursuant to CPR R3.4(2)(a) there being no reasonable grounds to bring it.

2. The Claimant shall within 28 days of the Order pay the Defendant's costs of the Defendant's application summarily assessed in the sum of £XXXX (such figure to be adjusted for VAT by deducting the percentage which the Defendant might be able to recover over the course of its trading).

 

[craigten]

4 figures???

[tnook]

4 minutes ago, craigten said:

4 figures???

Over 5k mate. 

[AndyOrch]

So no judgment against you...dismissed your claim but did not award Summary judgment to the defendant. 

[tnook]

25 minutes ago, Andyorch said:

So no judgment against you...dismissed your claim but did not award Summary judgment to the defendant. 

Sorry being thick, what does that mean? 

[AndyOrch]

Your post #127.....

 

Quote

Am I at risk of getting a CCJ?

 

As above. The court as only awarded a costs order.

[tnook]

The wording has me a little confused as to the final amount I need to pay. Should I be expecting an updated total to reflect their VAT?

[AndyOrch]

I don't know without seeing the actual order.....why not scan redact and upload a copy.....removes all the guess work then.

[tnook]

Court Order attached

 

cored.pdf

[AndyOrch]

Okay.....Well I assume your not VAT registered so its not applicable to you...if you were then you would be able to offset it against your returns,

[tnook]

I am VAT registered.

[AndyOrch]

Then you can reduce the costs amount by the VAT  amount that your entitled to reclaim. ( if it contains a VAT element)

[craigten]

Hi mate,

just so you know, I’m happy to throw £10 at this ruddy thing if it helps - perhaps others might want to do the same? I have been emotionally invested in this for a long time. Could easily have been me.

[tnook]

Ok BC's solicitors have given me their final figure, it's less than on the court order and bank details. The court order said I needed to pay it within 28 days. This is coming up on Friday this week I think.

 

What happens if I am unable to pay in in one go? Will they be able to send in bailiffs? Will it go on my credit record? 

 

 

[AndyOrch]

Its possible to execute it...ring them up and agree a payment plan...no it wont go on your credit files.

[tnook]

Will do.

 

I've prepared a complaint about the deputy district judge. Likely won't go anywhere, but needs to be recorded how prejudiced he came across.

[AndyOrch]

Quote

Likely won't go anywhere,

 

Sure.... as eggs are eggs.