I have until Tuesday to file an appellants notice it’s all ready In triplicate and one for respondent all done as per cpr grounds and skeleton is it worth it ? grounds are judge was wrong to enforce as even in his decision he states it’s obviously not signed by us personally ? Therefore statute of frauds not satisfied that Guarantee has to be signed by party or be charged he said it was meant to be signed so that’s enough - which isn’t what the law says but part of me wants to walk away and end it all , but it’s so much money your get back on a decision that is plainly wrong in law I am happy to pay for permission to appeal and then if they say no - walk away what I want to know is , is ever appealing worth it Can the other side claim any costs from me if I just ask for permission and get denied all I can see is that costs are not normally awarded for written response from respondent as they are not required for any hearings or decision making

Sat waiting for another costs hearing - as other side wanted more time as didn’t have responses to all the missing disclosure pre action breaches refusal of ADR Still didnt submit anything in defence - just some photocopies of items already in the trial bundle - and a another cost schedule for a further 3.5k for doing so and attending this one hour hearing !! it’s ridiculous and insulting to the legal system what they seem to try and get awAy with and claim more I’m hoping judge starts seeing all through these ridiculous cost claims - and penalises them for all refusals and breaches 14.4k initial cost 3.5k cost for today one day hearing and 126 half a lever arch trial bundle - really think they can claim 18k it’s going to be more than the claim soon

So got the official judgement sealed on 15th June , but refers to handed down 9th June doesn’t say when to pay by - is it 14 days of the 9th or 15th (to stop any enforcement) or 28 days from 15th or 9th to stop it appearing on credit file ? also I’m hoping it’s the legal jargon - bur says each defendant is to pay £25,000 and interest £1644 I know I brought his up before , but it’s just legal jargon for each defendant is liable to pay for the £25,0”” and £1644 rhey don’t actually order us to pay 54,000 for a 25k claim ???!!

Hi- yes create your own topic , I can help with some information , and respond there

Ok- Good to know , I don’t have money for the costs so I could do a payment plan , but knowing them they will go straight for bailiffs and refuse any payment plan - that’s what they have done all along just don’t want any registered CCjs

Yes I was going to do a certificate of cancellation so it doesn’t appear on our credit reports - but do I do it twice - one for each of us ? thw judgement was handed down for the 25k and 1600 int today but costs moved to another hearing so do I have 30 days for the above and the costs becomes its own ccj and o have 30 days from when that happens - as a separate amount ? can wait for costs hearing as don’t want to miss 30 days limit

So I send bank statement as proof for satisfaction of ccj within the 30 days - to the court for each of us or just once anda pay the £15 fee I know the claimant won’t tell court it’s paid

Been a while - to get to costs hearing - still not sorted today - judge said pre action breaches important and refusal to adr in assessing costs their barrister acts all surprised , saying it’s not fair , don’t know anything about this etc what breaches , what adr point out it’s all in witness statements - this isn’t new Information he asked for adjournment to get answers form his clients - it’s ridiculous costs decided at end of hearing - you don’t get to plan your arguments for another day etc what concerns me is something be said ‘everyone’s agreed on 25k’ for judgement of debt and £1600 of interest then says to judge , That’s each for the order ! what does that mean ? it’s a 25k claim - we pay it - we don’t pay them 50k ie 25 each ? we just pay 25 k and prove it’s paid against the claim of g42yjxxxx yes ?

barrister still being slow to respond or advise me on anything, i don't agree their excessive costs etc, so do i just say don't agree and ask for hearing or to be dealt with in paper? have all evidence preaction breaches 6 save as to cost settlement offers etc theyve even stated, they will not let unilateral notices get removed off my properties , even after its paid as they have indemnity contractual right to get all costs paid no matter what court says before the remove charges. 1) they havent made a claim for any indemnity, just a personal guarantee judges hasnt awarded one- surely if i tell land registry here's the judgement- here's it paid, they can no longer stop me removing/objecting to these unilateral notices, otherwise what am i doing it all for? these people are evil, trying to say pay costs in full ' as you turned down an 18 month payment offer' well guess what it was way worse than the judge awarded flat 25k plus 8% of 1600 they wanted 18% interest 40K full imdemnity of 18 months- "!!! to drop court case second point- judgement not yet handed down and now its been proven they have altered a document deliberately and solicitor lied in witness statement - i have typed something to send to court with permission to appeal permission to appeal reasons on application of statute as they demonstrated a dual capacity signature in evidence and the hearing, but didnt use, so court re wrote personal element back in via intention- not fair they didnt ask for a personal signature on the doc this is against clear words and drafting of experienced business men he did this as he said this one document proved intention- said document now proved to be altered and falsified can i submit this evidence to the court before handing down- its now a false witness statement which affects the administration of justice. will it hurt me if i do ? or have i got nothing to lose ?

No- last Tuesday received written decision that had been reserved on the day due to time it said it planned to officially hand down two weeks later , the parties had two weeks to agree to consequential orders , we obviously don’t agree amount yes , interest yes but cost schedule ridiculous and no , ac have all ADR request letters etc too - refused etc , I want judge to see

Barrister not responding to me - I sent all paperwork - about offers fo ADR , all the breaches of pre action sent recorded delivery to claimants throughout etc - save as to costs settlements offers I don’t know whether to email court direct and say I don’t agree costs here’s all my points of dispute for his consideration and ask permission to appeal and see what happens at hand down ?

Unfortunately as I suspected , the barrister really made no effort - he made an easy bit of money - 2 page skeleton , no citations and hardly no speech through whole trial - and hasn’t answered a message since - while we wait for judgement just got judgement -(reserved you be passed down in 14 days unless handing down hearing required by teams ) we lost - on the plus side it’s for the original loan amount 25k not the thousands higher amount they claim - so that’s potentially payable it make no mention of costs or interest though ? At all so what happens now - has he not awarded costs or interest ? (thought would be great- but can’t be that straightforward ) it says - parties to agree order or teams hearing to hand down judgment ??

direct access- fixed fee for hearing and preperation for one day hearing dictated by case managment payable in advance

too late, you have to pay in advance , you dont know how good they will be until they are in a court room. i dont know if our barrister was more calculating and correct, so took the correct approach, or it was a minimum effort job -he says the opposition was in dangerous territory as their barrister kept telling the judge how to decide, do his job etc, which is a big no-no (i feel he could have said more, put case law forward proving why directors signatures are different, he did point out their case law couldnt apply, and he was right in every aspect discussed) or their side shouting stamping and name calling, all because their case is weak, you can talk as much as you want but if you have no legislation on your side, your words are worthless, and shouting louder doesnt make your case stronger.

No need to bother , really , just as I read it , it was unfair on the other creditors - what grounds can they disagree on income and expenditure , we have tax credits and DLA for my daughter , but obviously have some equity in our house this may not all happen yet , I just always prepare for the worst with a plan and hope not to need it - I was exhausted after the hearing Friday, I was cross examined for 1.5 hours - no one stepped in , no one halted it for a break I lost my temper at one point as their barrister Kept smirking and smiling , making little notes , while declaring that’s helpful etc he was so aggressive - I have to basically say , In the end ‘what gives you the right to say this signature is personal - it’s clearly qualified as signed by a a director for and on behalf of a Ltd company ‘ and if I had signed personally, I could Not ask the court to interpret it differently , I would be ok the hook so why do they get that right, to get it interpreted a different way !’ at the end of the day the debenture and DOGI if they were in the execution clauses , why are they not done me and my husband , only panic, because they said so much, so much attack, quoted so much Case law (largely irrelevant as wasn’t allowed to change their particulars during trial to an oral element of agreement) yet our barrister , was calm , collected and said very little - he said the law is the law , you didn’t sign , they proved how they expect dual signatures On other documentation , in direct contrast to the loan agreement - there is nothing to argue about

they wont agree it though ?? can you fight a charging order?, as on the form they have to list other creditors, they wont declare our other creditors, even though weve given them a list, and it would be unfair on all the other creditors?

i buy second hand furniture and have a £300 tv everything in my house (every single item completely removed ) wouldnt raise 3k at auction. would be a waste to instruct bailiffs, they couldnt take everything, either because of my daughter. we dont own expensive things, we buy our clothes at asda. third party debt order, is to restrict your bank account ?? its empty (overdrawn) does N245 stop all enforcement?

see if there is no interest on the CCJ in effect if they got a charging order and i paid say £10 a month, its basically turned into interest free secured lending, which i could never get on the high street the debt would never increase , if i ever sold my house they would get the balance which had never risen over time im not selling my adapted house - so pretty much unless they are still in business in many years to come, they get practically nothing back even after all this. plus they report last three years on companies house they are in doubt to be a going concern, by auditors and that was before the pandemic. i assume as its over 5k , they cant get warrants for bailffs either, cars on HP, no working, no money in account i suppose they could try to make as bankrupt, but they will get only 20% back thas according to our IP, which would be years away and fightable i suppose

Sorry he hadn’t read Any of the file at all I still am raging, that their barrister called me a liar in his closing st , I have no chance to respond, I think it’s name calling and unprofessional , Just because I wouldn’t say what he wanted and change the answers in my st their witness on the other hand , had to introduce himself - and immediately declare his WS was incorrect, his declared dates wrong ( he said something was accepted on a date before it was physically sent )In that same st , he had to admit he lied in it - judge was not impressed ,

Does interest still accrue on a ccj, like if I can’t pay anything , a charging order amount would just grow and grow having three children one severely disabled that the house had been adapted for by council , I don’t think I would ever be forced to sell I don’t see how an order for costs can be made yet, no behaviours have been discussed , no settlement subject to cost letters discussed etc judge just wanted to go home and admitted he had read any of the files or skeleton argument , as it was dumped on him two minutes before trial , he wasn’t supposed to be judge hearing it

waiting for decision is worse than waiting for the hearing if we dont get the result we want (hopefully we will) does paying the debt i.e (only claimed amount) stop ccj being registered? do the costs count in the order-? i mean to stop a ccj do you have to pay amount and costs all together-or are they treated seperately im obviously going to dispute the costs, so would rather pay correct amount claimed and argue costs later otherwise if you have to pay 'everything' then im better applying for a payment plan (of not a lot as currently unemployed so about £10 a month)-and just letting my credit report get trashed instead of handing over savings im living on until i can work again

So update , no result yet , as submissions went to 3.30 and judge wanted to go home and send decision in post their barrister was horrible , tried to put words in my mouth , tried to get judge to allow them to change pleadings to an oral agreement instead - and amend their particulars - it was denied which then meant their citations didn’t work , as they relied on oral stuff not allowed so no further forward yet - when things weren’t going his way, basically told judge to disregard my witness st and called me a ‘liar’ I’m sorry that’s a a serious allegation , and all my WS was backed up by evidence so frustrated not to get an end today my barrister said , a little positive is that judge hasn’t awarded favour to them instantly and told us off for wasting his time, so he obviously sees merit in our defence and is giving it full consideration

well todays the day for claim 1 claimant counsel filed skeleton argument 12 pages long of which numerous pages refered to case law proving people to be liars!! and witnesses can be be mistaken , and not tell the truth- along with 282! pages of citations-judge is going to love them getting that 1/2 a day before 1)its insulting, our evidence is perfect and backed up with hard written documents, in direct contrast to theirs, which is factually inaccurate and provable lies from docusign evidence. 2)the rest is all irrelevant, and does nothing to prove they see a personally signed document in contrast ours is a couple of pages long 1) we didnt agree to or 2) sign any personal guarantees under statute of frauds 1677-end of who knows the outcome, but forget the money, i want the satisfaction of defeating these smug, patronising bullies,

How would you dispute it - I mean they’ve claimed the court fee three times now - once in statement , then in claim form and again on n260 - it’s a fixed fee that only needs to be covered once excessive charges way outside hours of response etc

Claim 1 - hearing tomorrow