Just Cash Flow PLC business bank personal guarantee Court Claim.

[MOSS 41]

Yes I was going to do a certificate of cancellation so it doesn’t appear on our credit reports - but do I do it twice - one for each of us ? 
 

thw judgement was handed down for the 25k and 1600

int today but costs moved to another hearing 

 

so do I have 30

days for the above 

 

and the costs becomes its own ccj and o have 30

days from when that happens - as a separate amount ? 
 

can wait for costs hearing as don’t want to miss 30 days limit 

[AndyOrch]

If your joint defendants on the claim ...no you send only 1.

 

Your Notice of Judgment states when it must be paid by ...to avoid it being registered with the Trust/CRAs.

 

Costs are a separate matter and they will get a costs order...which you can pay by arrangement with the claimant...no set time.....no judgment.

[MOSS 41]

Ok-

Good  to know ,

I don’t have money for the costs 

so I could do a payment plan ,

but knowing them they will

go straight for bailiffs and refuse any payment plan - that’s what they have done all along 

 

just don’t want any registered CCjs 

[webmonky]

@MOSS 41 Hello, sorry to hijack but I can't comment on your locked thread about the Capital On Tap personal guarantee. My business is failing due to COVID and I was shocked to find I have a PG for Capital on Tap! Apparently it is just a tick box when signing up and like you, the documents are not signed but rather just say "Mr First Name Last Name" against the Signature section.

Are you still on the hook for this?

 

Are you able to take this conversation on the other tab or PM me? Thank You!

[dx100uk]

much better to create your own topic by hitting create in the top red banner

 

dx

 

[MOSS 41]

Hi- yes create your own topic ,

I can help

with some information , and respond there 

[MOSS 41]

So got the official judgement 

sealed on 15th June ,

but refers to handed down 9th June 

 

doesn’t say when to pay by - is it 14 days of the 9th or 15th (to stop any enforcement) or 28 days from 15th or 9th to stop it appearing on credit file ?

 

also I’m hoping it’s the legal jargon - 

 

bur says each defendant is to pay 

£25,000

and interest £1644 

 

I know I brought his up before , but it’s just legal jargon for each defendant is liable to pay for the £25,0”” and £1644 

 

rhey don’t actually order us to pay 54,000 for a 

25k claim ???!!

 

 

[MOSS 41]

Sat waiting for another costs hearing -

as other side wanted more time as didn’t have responses to all the missing disclosure 

pre action breaches 

refusal of ADR 

 

Still 

didnt submit anything in defence - just some photocopies of items already in the trial bundle - and a another cost schedule for a further  3.5k for doing so and attending this one hour hearing !!  
 

 

it’s ridiculous and insulting to the legal system what they seem to try and get awAy with and claim more 

 

 

I’m hoping judge starts seeing all through these ridiculous cost claims - and penalises them for all refusals and breaches 

 

14.4k initial cost 

3.5k cost for today 

 

one day hearing and 126 half a lever arch trial bundle - really think they can claim 18k 

 

it’s going to be more than the claim soon 

[MOSS 41]

I have until

Tuesday to file an appellants notice 

 

it’s all ready In triplicate and one for respondent all done as per cpr 

grounds and skeleton 

 

is it worth it ?

grounds are judge was wrong to enforce as even in his decision he states it’s obviously not signed by us personally ? Therefore statute of frauds not satisfied 

 

that Guarantee has to be signed by party or be charged 

 

he said it was meant to be signed so that’s enough - which isn’t what the law says 

 

 

but part of me wants to walk away and end it all , but it’s so much money your get back on a decision that is plainly wrong in law 

 

I am happy to pay for permission to appeal

and then if they say no -

walk away 

 

 

what I want to know is , is ever appealing worth it 

Can the other side claim any costs from me if I just ask for permission and get denied 

 

all I can see is that costs are not normally awarded for written response from respondent 

as they are not required for any hearings or decision making 

[MOSS 41]

so permission to appeal on papers was refused, 

but says can lodge an application for renewed oral hearing by 24th august

 

 

reason i want to is they missed my argument completely 

 

most importantly though 

he says statute of frauds ok as there was a seperate note or memorandum demonstrated 

 

but they did not make a claim on this other document !!!! not in particulars or anything- nor in the trail

 

(to note i put the other document in as evidence in appeal papers as a contrasting proof of what personal signature lines by the company look like-to demonstrate conclusively the loan agreement cannot be claimed to be signed personally)

 

the claim form (particulars) was specifically to claim a personal guarantee because  'loan agreement signed personally'   however it was not and judge agreed it was not but awarded them anyways against the statute !   

 

im so annoyed with the whole legal system now.

 

 

so i want an oral hearing- to say - they didnt make a claim on the other documents in the particulars or trial so its irrelevant as an additional note or memorandum for applying the statute we didn't have to answer that claim,

(the document was a loan offer contract which was a condition precedent to be signed be fore the loan agreement sent out for signature/condition subsequent - they made no claim upon this loan offer contract at all) 

 

also my husband was not sent this seperate loan offer nor signed one, only i did- so he definitely cannot held to it using that argument

 

is it worth continuing here - its so unjust and statute has not been applied