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URGENT can i appeal against the award of costs in a county court case?

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  • URGENT can i appeal against the award of costs in a county court case?

    Hi all this is kinda urgent,

    my wife has been in dispute with Santander cards for four years over a store card that they permitted an insurance company to debit 'personal accident cover' premiums from without her permission.
    santander cards ignoring her earlier letters of complaint, sent in debt collectors and eventually took her to court. she put in a counter claim which only left about £150 outstanding and offered to pay this.
    Santander withdrew from the case and did nothing for about 18 months. Then they started with the debt collectors again. she explained that with the passage of time and the un resloved outstanding counter claim
    and the accumulation of statutory interest she no longer owed santander anything in fact they now owed my wife money and the amount was increasing at the rate of 46p per day!

    Santander went quiet again then in feb last year we were informed that they had sold the 'debt' (in fact a credit) to Arrow global management ltd. She wrote to the agent pointing out that Santander actually owed my wife money not the other way round they promised to investigate. they investigated & totally ignoring any complaint my wife had with them, restarted debt collectors.

    in Feburary this year we had had enough of this and completed an online money claim against them only to find I had missed out the word Management from the defendents name. Arrow Global Ltd is a different company operating in the same market from the same address presumable with the same solicitors working for them.


    we received the letter informing us that the claim had been made, and then that the claim had been passsed to our local court, but nothing else, we were expecting some kind of instruction of what the next step would be but received nothing.

    after three months we receive a copy of an application to strike out our claim on the grounds that the claim was made against the wrong defendant. we wrote to the court more than a week before this hearing stating that we appologized for missing out the word 'management' in the claim particulars but thought that this was a very minor point as the correct company was at the same address and part of the same group. we also stated that if the case details could not be ammended then we would restart the case with the correct name. (£35.00 extra) .

    the hearing was on monday 7th july my wife did not attend as we had sent our letter explaining our side, tonight when we get home from work & on the mat is a judgement from the court,

    it states that " UPON heraring Counsel for the claiment (my wife didn't have counsel there) and the non attendance of the defendent (we presume they were there but...)"


    "Upon it appearing that neirther Arrow Global LTD nor Arrow global Management ltd is the appropriate defendant and upon the the court finding that the particulars of the claim disclose no cause of action against this defendent;


    It is ordered that


    the claim is struck out

    claimant pays the defendants costs summarily assessed in the sum of £250 by 4pm 21st july.......... thats just four days!!!!!



    it seems the court has got this upside down completly,

    my questions;

    can i appeal against the order for costs and ( we are going away on holiday on tuesday!!!)
    can i point out that the judgement is incorrect in that th arrow global management is the correct defendant.

    please guys i have one day (friday) to do something with this!
    Tags: None

  • #2
    Re: URGENT can i appeal against the award of costs in a county court case?

    I suspect you will have to suck it up.

    I can't see any basis for appealing against the costs order, which is in fact quite modest.

    How much did you claim and on what basis?

    The court MAY have permitted you to make a minor change to the name of the defendant but it would seem that you have completely wrongly identified them. So far as the court is concerned Arrow, in whatever form, will have incurred effort and expense dealing with it and should not have had to do so. It is entirely your responsibility to identify the correct defendant.

    The fact that your wife didn't appear doesn't help - sending a letter explaining your "side" is rarely sufficient in a contested matter.

    Sorry.

    Comment


    • #3
      Re: URGENT can i appeal against the award of costs in a county court case?

      Sadly I agree with Steven.

      Santander actually owed my wife money
      It is they who should have been sued (although I;m not sure of the background so couldn't say whether the outcome would have been any different)

      It is odd the court muddled the Claimant and Defendant up on the judgment letter, had arrow claimed against you through court at all, or counterclaimed ?

      Personally I would get in touch with Arrow and sort out paying these costs by installments.

      Then we need to have a look at the originating debt and why this has happened and see if we can help you sort it out.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: URGENT can i appeal against the award of costs in a county court case?

        Just out of curiosity, where are we supposed to pay the costs......... it doesn't say on the letter.
        also my wife is dreadfully shy at the best of times and the thought of having to stand up in front of a court totally freaks her out!

        Comment


        • #5
          Re: URGENT can i appeal against the award of costs in a county court case?

          Sadly that's the risk with bringing a court claim, I know how she feels, I was cr*pping myself first time I had to go to court, still am if I have to speak, utterly terrifying ___ But the only way to have control is to attend, then you have some chance of sticking up for yourselves against the opposition counsel, especially if it is something you feel passionately in the right about.

          Costs would be paid direct to Arrow's solicitors, you'll have to give them a call to sort it out with them.

          It might be an idea to post your POC up. If Arrow still have this debt outstanding then they may well be bringing a claim against you so it'd be good to be prepared. It does sound like you might be better, if you're in time limits, to take this dispute with the debt and Santander through the FOS.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: URGENT can i appeal against the award of costs in a county court case?

            I agree, I've been in and out of various courts for over 20 years and am still slightly anxious every single time I get on my feet.

            I know it's no use to you now James, but this type of hearing is relatively informal more like a meeting round a desk than bewigged and gowned people up and down in a court room. The judges do tend to be helpful to litigants in person on how to conduct themselves, the judiciary have even produced a guide for litigants acting for themselves.

            Comment


            • #7
              Re: URGENT can i appeal against the award of costs in a county court case?

              Thanks, i cant get over how the judge messed it up, mixing up us with defendant and saying that AGML were not the appropriate defendant. we will have to pay them and then start the claim again with the correct name this time.
              it is a bit cynical of Arrow Global to put in a defence on these grounds knowing full well that their sister company is the correct defendant.

              one last technical question, the assignee gets the benefits and the liabilities when he buys an alleged defaulted account right? our argument all along has been that AGML (formerly santander) deducted from her account without her permission and then charged very high interest on the debt . now santander has sold the account, the new owner AGML is liable for these errors, they are the ones who claim now that my wife owes them money (and we are disputing this of course)

              Comment


              • #8
                Re: URGENT can i appeal against the award of costs in a county court case?

                James, yes, on assignment rights and liabilities are transferred.

                The court seems to have said though that neither Arrow nor Arrow Management have any case to answer.

                As I asked earlier, what exactly did you claim and on what basis?

                Even if you start another claim, you are not going to be able to recover the costs you incurred in this action.

                Comment


                • #9
                  Re: URGENT can i appeal against the award of costs in a county court case?

                  I think he is referring to the lack of detailed particulars of the claim. We started this claim online, the webform only has 1200 characters available so it has to be brief. When Northampton bulk centre transferred the case to our local court the instructed us to wait for further instruction from the local court. This is what we did. Then we get the copy of the application to strike out. So we never had the opportunity to provide full particulars. This is the first time we have done this.

                  Comment


                  • #10
                    Re: URGENT can i appeal against the award of costs in a county court case?

                    Hi James,
                    Your fear is the only weapon against you in court.
                    The judge is a human being, no better than you, no worse.
                    Yes it can be scary, but it really isn't that bad.
                    Just goes to show, that even the courts can get it wrong..........
                    Good luck my friend.
                    “The only man who sticks closer to you in adversity more than a friend, is a creditor.”

                    Comment


                    • #11
                      Re: URGENT can i appeal against the award of costs in a county court case?

                      In 2011 Santander took my wife to court of a disputed store card balance. For years, despite asked them to stop, Santander deducted insurance premiums for her account and of course charged compound interest on those payments. With the withdrawal of their case our counterclaim for a little over £2000 was left hanging. I believe that with a dispute the lender is not allowed to add charges to the alleged outstanding amount so this should fix their claim amount. We offered to pay the small outstanding amount left after the deduction of our counterclaim they did not accept our offer.
                      Our claim was for the premiums, interest charged on them, loss of interest on that money and after the date they stopped charging interest to the date of the counterclaim statutory interest. This totalled a little over £2000. We have been since then (more than three year) been adding statutory interest at the rate of 46p a day. This has now wiped out that small balance and they now owe us some £350. This is what we are claiming in order to both stop the harrasment and wipe out this alleged claim as well.

                      Comment


                      • #12
                        Re: URGENT can i appeal against the award of costs in a county court case?

                        Possibly James it might help if you posted up the Particulars of Claim that you entered.

                        my wife has been in dispute with Santander cards for four years over a store card that they permitted an insurance company to debit 'personal accident cover' premiums from without her permission.
                        and we definitely need to know more information about this dispute.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: URGENT can i appeal against the award of costs in a county court case?

                          OK, not sure I fully understand.

                          However, if you are to reissue there is no immediate rush - go off and enjoy your holiday for now!

                          Comment


                          • #14
                            Re: URGENT can i appeal against the award of costs in a county court case?

                            Thanks for your help guys. Amethyst you actually have already the basics of my wife's claim in my post "success but how far to push it. The calculations have been checked by you guys for interest charged on premiums by Santander already.

                            Comment


                            • #15
                              Re: URGENT can i appeal against the award of costs in a county court case?

                              http://www.legalbeagles.info/forums/...304#post195304

                              Ok I'll have a look.
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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