County court Judgment and bank charge reclaiming - help needed!!

[Tools]

Re: County court Judgment and bank charge reclaiming - help needed!!

Sorry Ruby Ame was waiting on me to look for an "official" format but there doesn't seem to be one.

I would simply lay out the costs such as below, remember that you are not submitting these unless the Judge happens to ask you what costs you have incurred. If you have this with you then you can look super efficient and wipe the floor with the solicitors once again.

Summary of costs incurred to date xx/xx/2009

Time spent on research, consulting and attending hearings as litigant in person a minimum of 20 hours at the allowable rate of £9.25 per hour = £185

Cost of travel and parking to attend hearings approximately £xx

Cost of stationary and postage approximately £xx

Cost of telephone calls approximately £xx

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Right Ok Tools, many thanks again.

I forgot to say but I did have a letter from Shoosmiths at the end of last week, it was the same letter they sent to me before the last hearing, just saying when the hearing is and that the Interim Charging order is due to be made final on 19th Aug, enclosed with it are copies of Form N379, Accompanying evidence and Interim Charging Order, as I say it looks like just a copy of what they sent before so it says on the N379 that I still owe over £6530! I really hope they still think that cause that will look well with the judge wouldnt it?
Quite looking forward to it in a strange kind of way!

[Tools]

Re: County court Judgment and bank charge reclaiming - help needed!!

I wish you would get your bloody memory sorted woman lol.

It looks as if shoosmiths are still intent on asking for the interim CO to be made final. Be on your guard and prepared to interrupt if they do and highlight the error in the amount and reiterate your case. Do not allow them to railroad you into anything you are not comfortable with and dont be shy to ask the Judge to adjourn until another date in order for you to take advice.

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

I know I know, I am hopeless!! I clean forgot about it until I just saw it neatly filed in my folder - sorry. Dont worry I will interrupt if I need to, i did last time i will do it again!!

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Well todays the day, again! Lets hope we get somewhere with it today.

I have all my paperwork with me, taking the lot just in case there is somthing I need. Hearing is later this afternoon and I will let you know how I go on as soon as we get back! ray:

[WendyB]

Re: County court Judgment and bank charge reclaiming - help needed!!

Good luck Ruby xx

[enaid]

Re: County court Judgment and bank charge reclaiming - help needed!!

aww ruby just spotted this hope all is ok can't wait to hear Enaid x

[Amethyst]

Re: County court Judgment and bank charge reclaiming - help needed!!

Hey Rubs, hope things all went okay, look forward to hearing from you xx

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

UPDATE
Total disaster! Got a judge who obviously had a lot of shares in NW!
Only Shoosmiths solicitors where present (noone from Irwin Mitchel was there)
The judge had read my witness statement and asked Shoosmiths what they wanted, they said that they wanted the charging order to be made final but for the figure of £2600. The Judge asked whether we would be getting any more money from NW regarding the bank charge reclaim, I said hopefully so but that it was now on hold until after the test case had finished to which he replied “that could be years yet” so he basically made his mind up there and then that he would grant the final charging order but that it would not be enforced as long as I carried on paying the £25 per month. He then went on to say that he was dismissing the claim against my hubby, but said that he must carry on paying £25 per month.
I asked the judge about the interest that NW were charging us even though I had a letter from them stating that they would no longer be charging us interest, he suggested calling NW and asking them about this but I told him that they never get back to me and he said that he could not force NW to stop charging interest and suggested that we went to see CAB!
There was 45mins allowed for this hearing unfortunately we did not get the judge who dealt with it the last couple of times who was very sympathetic towards us, this judge couldn’t give a toss and couldn’t get us out quick enough (15 minutes at the most we were in there)
I was so confident going in but this judge had made his mind up before it started and nothing I said would change his mind! I have felt absolutely floored by this, the other judge made me feel that we had a good case and I have had my hopes dashed, I know its not the end of the world having a charging order but I thought we were really getting somewhere with this.
When we came out the Shoosmiths solicitor came over to us and suggested that we get in contact with Irwin Mitchell to find out what was going on with them as we had heard nothing from them and to ask them what was happening to my hubbys £25 per month now that the case had been dismissed.
Sorry I am sure that I have babbled on a bit, I feel like xxxx!

[Sapphire]

Re: County court Judgment and bank charge reclaiming - help needed!!

Awww ((((((((Hugs)))))))))))) Ruby, don't let it get you down hun, you've put up a fabulous fight and have done so well. We have a charging order on our house, to be honest as long as you keep paying regularly its all ok. If and I mean IF circumstances change and you can't afford it or whatever, don't ignore it, get in touch with them and try to get it changed or suspended, but never just ignore it.

[Curlyben]

Re: County court Judgment and bank charge reclaiming - help needed!!

Yes it's a burger, but could of been alot worse.

It's gone from a 12k CO to sub 3k.
Also worth looking at a redetermination due to charges and getting hubbies CCJ setaside as the amount is incorrect

So actually, all in all, a good days work against a judge that had already made his mind up against you.

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Forgot to say we have had costs of the charging order added to what we owe now as well thats another £205 although NW tried for £55 more but the judge noticed that it hadnt cost that much and put that right.

Thank you all of you for your help and support and coulnt have done this without you!

I am just so surprised how down I am, I was the one who kept telling hubby the worse that can happen is a charging order and now we do I am gutted, I think it is mostly to do with the unsupporting judge, the last judge said that he would have not allowed it as we were upto date with our payments!! If only it had of been him again...

[Amethyst]

Re: County court Judgment and bank charge reclaiming - help needed!!

Well done ruby you have done absolutely fantastically with all of this so far and yes the judge sounds like an arse.

You were facing 12k of charging orders and repaying 12k by installments.

Now you have under £3k charging order, and paying £50 a month.

It would be nice to get this fully sorted and get Irwins CCJ set aside (as you still have £12k of CCJ's on what was a £6k debt) and the flaming judge putting a charge order on a disputed debt grr.

Speak to IM and Natwest next week - I'd rather you were paying Natwest directly the £50 joint per month (tho redetermining it sounds like a plan) until the test case concludes and you can get it all paid off and taken off.


((((((((((((((((((((((((hug))))))))))))))))))))))) ))))) am very proud of what you have acheived here honey in a very complicated and frustrating situation.

[WendyB]

Re: County court Judgment and bank charge reclaiming - help needed!!

all in all a good result and it could have been worse. I just need to get this straight - did the judge dismaiss the case against OH? if so why did he say he's got to keep paying the 25 month? or does he mean paat he has to pay as well which means you'll be paying a total of 50 per month towards a debt of 2600? Cos if tats the case it means you'll be paid off in just over 2 years. That will fly past!

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Yes he said he was dismissing hubbys claim. Although we are paying £25 each every month, NW are adding interest at a rate of £40 -£60 per month so we are not getting anywhere really.