Halifax Bank

[pt2537]

Re: Halifax Bank

Well I'm appealing the whole situation as it's unfair sent a complaint againg TLT Solicitors as there fee's were extortionate for an hour and a half's work, and I'm going to see the citizens advice bureau and pay a £1 a month as what I'm legally entitled to do.

Dude, it wasnt for an hour and halfs work as you say, please read the cost schedule, it sets out the times spent on you, on their client, on their barristers etc, and the work done in the documents schedule.

If you appeal you could face further costs, i would suggest that you stop the gung ho approach to litigation, and instead start listening to the advice your being given.

I understand your aggrieved at the costs, but you never attended, what did you expect to happen in those circumstances? im sorry to take a hard line here but you need to stop with the im just going to make more applications approach because if you dont you will end up with a restraining order to stop you litigating, i get that you are aggrieved about the bank charges, i get you are unhappy about the costs ,but you need to be careful now as youre already on the hook for the costs of the hearing below, you dont want to be saddled with more costs do you?

if you are to appeal, you will need to get a transcript of the Judgment, you have 21 days from the date of the decision to file the appeal notice.

The appeal notice should be accompanied by grounds of appeal which set out in accordance with CPR 52 the grounds on which you are seeking to challenge the lower courts order." I dont like it" is not a good reason either.

you will need a skeleton argument and an appeal bundle again as set out in CPR 52.

Id suggest at this stage looking at whether you can get legal assistance pro bono, as otherwise you could make matters worst than they are already.

[warwick65]

Re: Halifax Bank

Sloane
I am pleased you are going to see CAB. You may not believe it but since you posted the awful results people have been trying to help with the limited information available to them.

What exactly are you appealing - do you have leave to appeal , if not that is your first stage or you can apply for a set aside based on your illness on the day although you would need to be able to support that

Can i ask, who told you that you were legally entitled to pay £1 a month?

If you look at the list of fees you will see it was a lot more than 1.5 hours work, you will also see the hourly rate. It looks like the barristers , and there were two of them charged 1000 a day.

You obviously live in central/south Warwickshire area, I know it well, it is largely rural, so I would try to make sure you get someone with experience at CAB - any CAB is only as good as its volunteers and small towns tend to have limited resources

[sloane82]

Re: Halifax Bank

Sorry I'm not being gung ho but £6700 is a lot of money for someone who cannot afford it I have appealed the matter, I know I have to be careful, I have applied to the national probono centre for help, I am going to the citizen advice bureau I'm doing everything I can do thankyou for all your help I was told by law £1 a month is what I am legally obliged to pay, is that not right?

[sloane82]

Re: Halifax Bank

I know I should have gone to the hearing but I was generally unwell. I need to sort all this mess out.

[EXC]

Re: Halifax Bank

I was told by law £1 a month is what I am legally obliged to pay, is that not right?

The court decides how much and on what terms you pay. As I understand it the court has made an order for you to pay £6792.27. You can apply to the court to pay in installments based on your income & expenditure but ultimately it is the court's decision.

[Amethyst]

Re: Halifax Bank

[MENTION=53946]sloane82[/MENTION]

Please can you find and post your particulars of claim and any skeleton argument / witness statements you submitted for THIS claim.

You need those to have any idea whether the judgment could be appealed. To appeal you will need the Trial Bundle ( which the court have already said would be destroyed after 7 days) and you will need to apply for a transcript from the hearing.

[warwick65]

Re: Halifax Bank

Hi Sloane

I am afraid it is a fallacy spread around by some about the £1 a month. It maybe a judge will order that level of payment if your income and outgoings show that is what is left but no its not law.

If you think about it logically, if anyone who ever took out finance or was given a costs order decided to only pay £1 a month the whole system would break down. I know it is often said a judge can not order you to pay more than you can afford and if its £1 a month then so be it- that is often said to people who are terrified about losing everything and while it is often the case you do need to convince the judge.

Was it on this forum or another one that you came across that gem of info

I think people are genuinely concerned that by charging headlong into appeals etc you will be penalised even more and as PT said you could be branded a vexatious litigant which means you could not bring claims against anyone.

If it were me, and I don't roll over for anyone. I would be looking at all my options when I see Citizens advice

[sloane82]

Re: Halifax Bank

Well yes until I go to the citizens advice bureau It is booked for next week I will find out what my options are.

[pt2537]

Re: Halifax Bank

Well yes until I go to the citizens advice bureau It is booked for next week I will find out what my options are.

You have 21 days from the date of the decision to appeal, you need permission to appeal first.

When you say youre appealing, have you lodged an appeal? if so, what did you say?

[Amethyst]

Re: Halifax Bank

Ok, there is a rather strict 21 days in which to lodge your appeal, if appropriate, so bear that in mind. It isn't really much time in which to sort out your case, review all your documents, get the transcript, draft the appeal and file it.

Realistically I think you're just going to be looking at how to sort out paying the costs judgment.

Can you PLEASE post up what you put on the N244 application.


( ahhh sorry crossed with Paul - still we said the same thing so I'll let myself off lol )

[EXC]

Re: Halifax Bank

I have received information in the post today regarding, my general form of judgment, It is ordered that

1 Particulars of claim struck out as likely to obstruct the just disposal of the proceedings.

2 Summary Judgment for the defendant claim dismissed as standing no real prospect of sucess.

3 Claim found to be totally without merit.

4 Claimant to pay defendants costs assessed on standard basis in the sum 0f £6792.27.

5 Trial Bundle retained by the court but may be destroyed 7 days after service of this order.

dated 5th July 2017 this all seem's to be unfair as I cannot pay £6792.27 which is terrible they owe me money for the unfair charges.

Looks like the order was made on 5 July.

[Diana M]

Re: Halifax Bank

To appeal you will need the Trial Bundle ( which the court have already said would be destroyed after 7 days)

There would/should have been three Trial Bundles usually prepared by the Claimant or their legal representative. There's one for the Claimant (sloane82), one for the Defendant and one for the court.

In some circumstances the Defendant prepares the Trial Bundle if the Claimant is a LIP, but it's not clear what happened in this situation.

If the court destroys its Bundle as per the Order then there should be two left.

What goes in the Trial Bundle has to be agreed between the parties before it's lodged at court not less than three days before the Trial, so hopefully Sloane82 will have kept his own one.

Di

[Amethyst]

Re: Halifax Bank

Hopefully

[Diana M]

Re: Halifax Bank

there is a rather strict 21 days in which to lodge your appeal

That timeline can sometimes be stretched (a late application) if the reason for the delay is caused by the time it takes to obtain a transcript of the hearing.

Hopefully

Well if the Defendant's solicitors prepared the Trial Bundle x 3 that will explain some of the costs. Photocopying doesn't come cheap

Di

[Diana M]

Re: Halifax Bank

need someone who will take a probono case please David Lee Solicitors were quite interested, contacted Howlett Clarke also.

I can see that you continued to deal with this as a LIP since you weren't able to obtain pro bono representation, but did either of the firms you say you contacted give you any general guidance on how to proceed even hypothetically (i.e. without seeing the papers)?

You said that Dave Lee Solicitors were interested so would it make sense to call them again to simply ask whether you could/should appeal?

It may only take a short phone call to establish whether it's worth your while in principle, explain to you the steps involved, and what financial risks you'd be taking if you did. If they tell you it seems like a bad idea then at least you'll know.

Also check to see if there's a LawWorks clinic near you where you may be able to get some free hands-on legal advice > https://www.lawworks.org.uk/legal-ad...linic-near-you

Di