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marloes

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  1. Thanks Andy. Just want to verify something. If the CCJ has been paid but costs still not assessed is the CCJ still settled? Just want to confirm that they are separate orders.
  2. Thanks for the reply Andy. Is there a special form for this or will a letter suffice? I rang the court and asked but the person on the phone said only the claimant could tell the court that payment had been made in full.
  3. Hi again, costs still not assessed but I have another question for those in the know. I was unable to pay the ccj in full so applied to vary the order to instalments. A hearing for the variation has been scheduled for early next year. My bank is now going to pay the claimant the order in full. My question is do I need to do anything regarding the hearing scheduled for next year? Or is it the responsibility of the claimant once they've received payment to inform the court that the ccj is settled? What happens if full payment is made to the claimant but they fail to inform the court?
  4. Hi, haven't posted in a few months as things on my case are in limbo. The claimant still hasn't applied to have costs assessed and the costs issue is so confusing I' m not sure what to do. Does anyone have any info or experience on costs. Thanks
  5. Hi, I need some advice on a debt that has been assigned to Lowell. The debt is for an old credit card for under £500 and I haven't contacted them for over five years so it is nearly statute barred. I have been advised by National debt line not to contact Lowell as I'm unemployed and have very little to offer them and have other priority debts. However, I feel increasingly anxious that they will take court action - (at the moment I'm being threatened with losing my property by another creditor) and i'm very stressed by the thought of more legal troubles. I've havent sent a SAR or request for a CCA as I'm concerned that any contact might spur them into action, at the moment the debt is being passed from pillar to post. I'm considering making an offer of £1 a month but also concerned this might spur them into action. So on the one hand I worried that doing something might make it worse but on the other that doing nothing will lead to legal action being taken. Help...
  6. I'm getting v confused. Does it mean that there will be a detailed assessment? If so does the solicitor have to send an N252 Notice of commencement and a full and final bill of costs? At the mo, I 've only had a bill including estimated costs.
  7. My concern here relates to the total costs for the claim and not the interim cost order. The claimant put in and was granted an application to enter judgment for the claim ( as I couldn't pay the interim cost order) How does the procedure work for the claimant to claim costs that are 'to be assessed'. I know they are entitled to fixed costs on the SCT so how will the other costs be assessed. the order states 'costs to be assessed on the standard basis' I need to now so I can respond to their letter claiming £6.5k in costs. Thanks.
  8. Hi Honeybee, yep I did hand in the forms. I'm unsure why costs are 'to be assessed' when this was on the small claims track. Aren't SCT claims costs supposed to be fixed?
  9. Hi can someone clarify the procedure that has to be followed in how costs are assessed. The claimants solicitor has sent a list of the costs they want including estimated future charges. Doesn't the solicitor have to follow the CPR re costs? Don't they have to send an N245 Notice of commencement with a fully itemised bill of costs? This case was on the small claims track.
  10. Thanks Andy. I've got the forms done and will hand to court later today. Will be glad to have a break from it and try and enjoy the nice weather.
  11. So ticking reduction in the instalment order is the only box I need to tick? When does it become a warrant? Another question if any one can answer. The judge made the order to pay 3 weeks before the court actually issued the order. I didn't receive the order for another 4 days. I'm aware that an order/ judgment should be paid 14 days from the order date but what happens in this case where the court delays in processing and sending it?
  12. Yes, it's been a very expensive lesson. My main concern is the order for £6k which is why I' m filling an N245 and Ex160. I'm unemployed and can't afford it outright. Do I tick both suspension of warrant and reduction in instalments boxes?
  13. Hi Andy. Yep I did fill in and send one before. I didn't tick the box next to 'suspension of warrant' at that time though I've been thinking that was why the judge said 'No Action ' although the court did send it to the claimants who rejected my offer. I'm double checking as I would prefer to avoid any more stress if possible. Thanks.
  14. Thanks Ganymede. No, no schedule of costs was given to me. The barrister just verbalised the costs after going away to phone their solicitor. The judge asked me for comments, I was v upset so just said it's v expensive. A friend who attended with me said the judge was trying to help me by their repeats at asking my thoughts but I was distraught. Can someone advise on filling in the N245. The court has ordered me to pay £6k including interest. I'm on JSA at the moment. I've filled in an Application for a fee remission. My questions on the N245 are is this the right form if you can' t afford to pay a large sum outright? Which boxes do I tick? Suspension of the warrant? And or a reduction in the instalments order? It's not clear. I have read the leaflet (I cannot pay the judgment) from the Ministry of justice but unlike other forms it doesn't state which box of the above is applicable. Thxs
  15. Hi Andy. There have been two hearings. 1st) Ordered by the court. At this hearing I submitted a new or amended defence and was told if I wanted it accepted I must pay the other side's costs for that day, I.e the £1,5k which comprised £1k for the barristers 'day' and the £500 for the solicitor. I agreed to the costs although I said I thought they were excessive only because I wanted my new defence allowed. The costs order for this was 'summarily' assessed The 2 nd hearing was scheduled by the court 8 months later and the hearing was not completed ( only my side was heard) as the judge prioritised another case leaving mine to the afternoon. He was attending a function ( it was Friday) so finished the hearing early but said another would be scheduled to finalise the case. This never happened as the claimant submitted an unless order for the £1,5k costs.
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