noomillo6o v morgan stanley ** WON **

[noomill060]

Not a peep out of Morgan Stanley as of today.

 

Application for Judgement by Default sent.

[SHERLOCK]

Noomill, with reference the compound calculator, do you put charges in individually i.e. £24.00 start may 2004 - end march 2007 etc and is it compounded annually?

 

(This makes £5.00 difference from claiming with contractual).

 

SHERLOCK

[noomill060]

You need to put the exact date eg:

 

£24 charge on 1 may 2004 at 22% compounded monthly based on a 360 day year is now £45.58 including £21.58 interest.

 

So, on this one charge alone, they owe you:

 

£45.58+£21.58=£67.16 or £6.34 interest.

 

(Depending on whether you base judicial interest on 22% or 8%.)

[noomill060]

Thats:

 

£45.58 (Charge+contractual interest)

 

Plus

 

£21.58 (Judicial interest @22%)

 

OR

 

£6.34% (judicial interest @ 8%)

[noomill060]

Court clerk returned my application for default decree wanting to know how i was calculating judicial interest.

 

Told him 'twas at 20.9% rather than 8%.

 

He now gonna have to put the application before a judge as its now classed as unliquidated so the judge gets to decide which rate I get my judicial interest.

 

I will have to go along and put my case for contractual, but the good thing is, Morgan Stanley will not be able to make any representations to the judge as they failed to file any defence in the six weeks they were given to do this.

[SHERLOCK]

I would give you more reputation but it won't let me maybe later!!

 

gees, gonna take time working out, thank you v. much. So will it be easier if you show the working out by including in claims? is this appropriate?

[noomill060]

You should always set out the way you calculate stuff like this in a table. Usually called a schedule.

 

 

Something like this:

 

This is part of mine written on Word, just using a normal calculator for simple interest

 

A/c No.xxxxxxxxxxxxxxxxx

 

 

Simple/non-compounded interest @ 20.9% per annum.

 

Date Applied AMT %Rate Daily Rate Days to claim Interest

 

06/06/2000 £15 x 20.9% / 100 = 3.135/365=0.008589 x 2416 = £20.75

 

05/08/2000 £15 x 20.9% / 100 = 3.135/365 = 0.008589 x 2354 = £20.22

 

 

06/12/2000 £15 x 20.9% / 100 = 3.135/365 = 0.008589 x 2232 = £19.17

 

 

 

Section 89 interest claimed: £xxx

 

 

amount times the % rate divided by 100, divided by 365, is how much you are paying each day.

 

You multiply this figure by the number of days since the charge was imposed.

 

(You can find this out by using an online "days since...." calculator, the sort that works out how many days since you were born until today.)

[redsonja]

Just has a quick squiz at your updates Noo...cant believe they have completely ignored it. Will be interesting to see what the interest comes out at. Good luck with it

[noomill060]

Yes, I guess the court papers fell into the black hole at MS Central!

 

I phoned them just before I applied for a default judgement, I was going to offer them a deal for a quick settlement, but Karla Kenny didnt even want to talk to me at all. (She must have really fallen out with me! I bet shes blonde. I never have any luck with blondes!)

 

The call centre muppet just told me they had made the best offer I was going to get, back in January! (£700 odd) and not to bother phoning again!

 

I casually told him that I'd mention what he'd said to the Judge!

[noomill060]

Just spoke to the Civil Processing Centre.

 

My Default Judgement will be given today and I will recieve a copy tomorrow.

 

I didnt have to go before a judge in the the end, it went through as a liquidated claim, so i suppose this is victory at last!

 

Charges+Contractual Interest and 20.9% judicial interest on top.

 

(Just have to get the bu99ers to pay up, now!)

[redsonja]

Great news Noo at last!

Lets hope it doesnt take as long for them to pay up!

[millymollymoo]

WELL DONE!!!!!

 

Milly XXX

[noomill060]

Not opening the champagne yet, Milly- they still have to come up with the money, but it looks hopeful.

[millymollymoo]

Pop away hun...your moneys on its way:D

 

Milly XXXX

[noomill060]

Yeah, I know....

[noomill060]

Well, the judgement finally arrive today.

[noomill060]

Dated 20th of March, so I suppose I can start enforcement on Monday.

[millymollymoo]

weheyy!!!!!!

 

millyXXXXX

[noomill060]

Yup, thats what I thought!

[millymollymoo]

!

 

Milly XXXX

[noomill060]

Just about to phone the Enforcement of Judgements Office...

[noomill060]

Phoned the EJO, but because Morgan Stanley are in London and I'm in Northern Ireland (different jurisdictions) I've got one more hoop to jump through before Big dave can storm into 25 Cabot Square and grab all the boxes of paper clips.

 

I need to get a Certificate of Money Provision [see Order 40 Rule 15 County Court Rules (NI) 1981]

 

Enforcing a Northern Ireland County Court Money Judgment in the United Kingdom

To enforce a money provision contained in a county court decree against someone residing in England, you must obtain a Certificate of Money Provision [see Order 40 Rule 15 County Court Rules (NI) 1981].

 

You (the creditor) may obtain this Certificate by filing at the court where the judgment was given:

 

The original decree (or a copy)

Written evidence (an affidavit) and

A certificate in Form 297 (see Annex 1)

Court fee – you should contact your nearest county court for an up-to-date fee.

The affidavit should contain the following information:

Your name and address and that of the debtor (the person who owes the money)

The details of the claim that lead to the decree being made

The sums payable and unsatisfied under the money provision

The rate of interest, if any, applicable and the date or time from which any such interest began to accrue

Where application for enforcement of the decree has previously been made to the Enforcement of Judgments Office, a certificate signed by the Chief Enforcement Officer stating the amount remaining unsatisfied

 

 

6. Verify that the time for appealing against the decree has expired, or that any appeal brought or application for re-hearing has been finally disposed of and that enforcement of the decree is not stayed

 

The decree (original or copy), Certificate and affidavit must be produced to the Chief Clerk of the court where the judgment was given. He/she will sign the affidavit and Certificate. The Certificate will be returned to you.

 

The Certificate and a copy of the decree must be filed for enforcement in the

 

Action Department of the Central Office of the Supreme Court, Royal Courts of Justice, Strand, London WC2A 2LL (Tel no: 020 7947 6089),

[noomill060]

To save time, I phoned MS.

 

They didnt seem to know anything about my case, asked me to send a copy of the judgement!

 

I told them that the only thing I would be sending them would be a bailiff, equipment for moving heavy office equipment and a large lorry for carting it all away!

 

The person I spoke to then told me some muppet from the legal dept would phone me tomorrow.

 

We shall see.

[noomill060]

Well guys, had a call from a lady the Glasgow call centre today:

 

Yes, they will pay up but claimed to have no knowledge of my small claim or any notification from the Court concerning it!

 

They asked if I would consider completing a consent form to allow Morgan Stanley to have the judgement and consequent CCJ default on their credit rating removed.

 

I told them politely, but in no uncertain terms, that I wouldn't be in the slightest bit interested...

[redsonja]

Good for you Noo