Hi jo, around £3500
but we have around £1500 - 2000 of equipment to return
The default CCJ was put in place late November - we called as soon as we had the information asking about an appeal as we were expecting a court date.
We called the original supplier of the goods as i was told by the courts that if we had resolved the issue within 30 days and paid in full the CCJ would "vanish". Negotiations were looking promising - we were getting close to sending the faulty equipment back for a refund and paying the remainder until my wife opened the door to a nice man who turn out to be a "sherrif?"
who scared the life out of her and gave her a walk in notice (I have talked to him and he seems actually quite reasonable and has helped us with what to do to keep him away over christmas).
this was due to the solicitors "shoosmiths" taking out a writ within the 30 days adding a further 1500 to the bill. this effectively ruined any chance of a satisfactory outcome with the supplier.
we attempted our first appeal Mid January which was seen by a judge and thrown out as on the 244 form I had put my name then ticked defendant instead of other and written director of a limited company.. so we have now paid another £125 to re apply!!!
This appeal will be seen by a judge before the end of this week to stay the writ hopefully!!!
Complaint paperwork is scarce as most of the procedure is done by phone - I have some emails which admit an issue from the supplier who say they will get back when they have a resolution which never arrived..
RBS have refused to give me a copy of their internal records although they admitted that there was a record in September of a phone call where I told them there was a dispute on the payment.
I have been called several times by RBS and have told them each time there was a dispute but sadly as they made the call these records are with them and apparently inaccessible.
The business is currently not doing too badly but this BS to be honest makes me feel like shutting the doors starting up as a sole trader and walking away leaving the rats to fight over the spoils. but my morals are a bugger hence wanting to fight not flee.
Trading with a CCJ makes it almost impossible to carry on business but i am trying anyway!!
Thanks again !! sorry to rant on!
thanks for the previous advice,
I have a hearing next week and hope that it can be settled once and for all...
I have a few small questions...
the claimant has just sent their statement and exhibits - i have rebuttle info - which includes emails etc do i need to send these alone or add a statement with them? if so how far before the case do i need to reply...
RBS have still not released details of the notes from our phone calls (they are pretty damming as i have always said the figure is disputed and i would pay once a balance is given) can i include this refusal to supply info as evidence?
also the claimant is quoting mitchell v news group - as far as i can see this isd all to do with apportioning legal costs... is there anything i need to worry about?
the original case was October 2013 - i first appealed December .. ironically the claimants solicitor has included court paperwork in the exhibits
on the general form of judgement of the original appeal the order date is 19th December, the date in the top right corner under the claim number is 24th December and the solicitor has date stamped the paperwork 31st December... showing nearly 2 weeks processing can i use this time line as a possible reason the processes have been delayed - it has been a real worry receiving paperwork from courts over a week after it was issued all through this process
one final thing (honestly)
the writ application form is signed as pp shoosmiths in part 1
the signature in part 3 is shoosmiths
also quite disturbingly the court officials initials "look" to be in the same hand
and on the actual writ itself (I believe to be issued by the court not the solicitors?) the date is in the same hand as all dates on the application... can this be right?? it looks wrong to me??