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danpe

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  1. I've spoken to the Court and they confirmed that they haven't heard from the claimant since the hearing. They asked me if I wish the matter(they have a copy of my letter with objections to the calculation I sent to the claimant by 6th of March) to be refereed to the Judge and if so what I would ask the Judge to do. Then I got the line cut off so will need to call them back. The question is what do I ask the Judge to do? The lady I spoke to suggested they could ask the Judge to refer the matter for the disposal hearing based on the copy of my letter sent to the claimant but this is something I do not necessarily wish to happen. Any clues, please? regards, Dan
  2. I have got a letter from claimant stating that I left them no choice but to notify the court about the need for the disposal hearing. My question here is if they can do it now, 7 weeks after the court's order deadline (see below)? 4. The Claimant by 13 March 2014 to notify the Court whether the judgment to be entered for an agreed sum or the matter be listed for a disposal hearing with a time estimate of 30 minutes. They also requested an immediate payment of £555 (their costs awarded to them). Regards, Dan
  3. 1. Judgment for the Claimant on liability.(what was you liable for?) - I don't really know what that is supposed to mean 3. The Defendant to serve on the Claimant by 4pm on 6 March 2014 any objections to that calculation or confirm it is agreed. Have you done this yet? - I received the calculation and have served my objections as they took off only part of the PPI (on the agreement it is split in two PPI and Accident plan - I never applied for Accident plan so in my understanding they should take off the entire amount-obviously this was not discussed during the trial) I have sent a copy of my objections to the court. I have requested the disposal hearing so I believe they notified the court that the matter is to be listed for the same. 4. The Claimant by 13 March 2014 to notify the Court whether the judgment to be entered for an agreed sum or the matter be listed for a disposal hearing with a time estimate of 30 minutes.Have you checked the court to see what they have done? - As the court is well behind it is not possible yet to find out if they did so. Best regards, Daniel
  4. The Court order is as follows: 1. Judgment for the Claimant on liability. Damages to be assessed to take into account the cancellation of the PPI policy by the Defendants letter dated 27 March 2008. 2. The Claimant to serve on Defendant by 4pm on 27 February 2014 a schedule of arrears to take account of:- a) notice to cancel the PPI given by letter dated 27/03/08 and any refund or premium due; b) any interest on that has been charged on such premium from that date. The Claimant to serve also an explanation as to the calculation of the sums in (a) and (b) above. 3. The Defendant to serve on the Claimant by 4pm on 6 March 2014 any objections to that calculation or confirm it is agreed. 4. The Claimant by 13 March 2014 to notify the Court whether the judgment to be entered for an agreed sum or the matter be listed for a disposal hearing with a time estimate of 30 minutes. 5.The Defendant to pay the Claimants costs of £555.00 to be paid by 27 February 2014. 6. The Claimant is entitled to interest at 4% on the judgement sum from 5 December 2011 to 13 February 2014. Dated 13 February 2014 I received the calculation and have served my objections as they took off only part of the PPI (on the agreement it is split in two PPI and Accident plan - I never applied for Accident plan so in my understanding they should take off the entire amount-obviously this was not discussed during the trial) I have sent a copy of my objections to the court. I have requested the disposal hearing so I believe they notified the court that the matter is to be listed for the same. As the court is well behind it is not possible yet to find out if they did so. Daniel
  5. I am awaiting the courts response to my objections to the calculation so there should be the disposal hearing in the nearest future (court is about 4 weeks behind).
  6. Spoken to the court. They said that from the reasons wording it seems that I did not have a permission to appeal. After explained that I asked for the permission immediately after the trial and it was granted they are sending the appeal documents to me. This way or the other I really doubt if this judge would ever make any order in my favour.
  7. After reading it all again and again I only get more confused What actually is judge saying in the response/refusal to my application? It does not say that I should use N164 but it says about the permission to appeal which I asked for just after trial hearing and it was granted. What can I achieve? The claim costs and travel are allowed so if I have to pay for the N164 plus £45 paid already all I would save is circa £150 providing I will succeed on this application unless I can get back the application costs(????) Help me please
  8. I submitted my objections to their calculation , requesting the disposal hearing. I am awaiting judge's decision now. I will indeed do some reading now. Thanks Andy. Will post as soon as I am ready for the next step. Best regards, Daniel
  9. I haven't heard from them for weeks now so the answer is no. They requested the payment once only. Is there any form to apply to vary the time? What then? N164? It is quite costly. I am worried about the appeal being turned down anyway and on top of the costs I pay for the appeals. BTW I said to the Judge during hearing that I disagree with the costs order as it shouldn't be granted but was I ignored. ?
  10. Cost were awarded during the trial hearing. They requested the payment just before the payment deadline set in court order threatening that they will notify the court about non compliance with the order. Judge granted the right to appeal immediately after hearing so I appealed on the 7th day. The court has a delay in responding (4 weeks roughly). I guess it is to late now to do anything. Isn't it? I had a feeling that the judge was against me so don't really believe I can achieve anything at all. Sad but true... Regards, Daniel
  11. Just had a response from court to my N244 which states as follows: The District Judge has refused the application and stated the reasons below; “this is an application to vary an order made at trial when the Defendant was present concerning summary assessment of the Claimants costs. If the Defendant wishes to challenge the summary assessment he must seek permission to appeal this order of District Judge of the 19 February 2014 and any application to extend time for such permission is required under CPR 52” what does it mean? please
  12. Ok. I will go for N244 before 27th. It would be easier if all of it was dealt with together. My goal now is to avoid CCJ on my credit record. The only way to achieve this is to try to bring the order to the fewest amount possible and then pay it at once after borrowing money. If they keep breaking it into pieces my plan may not work at all. Thanks a lot Andy. Will post again when filling in the N244 Form as it would be handy to rely on specific regulations with regards to non serving the costs before hearing. Regards Daniel
  13. So not N164 to appeal against judges order relying on non compliance. So that I could appeal against the interest on the same grounds??? With regards to the costs, the only information about their costs is included in particulars of claim. Never received anything else. What time limits and cost of N244&N245? If affordable payment schedule would it affect my credit record? Please.
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