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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I lost an appeal in the Civil

Resolved Question:

I lost an appeal in the Civil Canterbury County Court on 27th. Feb. 2014, and an Order for costs of £2,268 was made against me. There is no date on the Order as to when these costs had to be paid. As I have asked for leave to appeal this decision, I did not think I had to pay these costs untill after my Leave to Appeal had been heard [Its with a Judge at the High Court now]. An High Court Sheriff called at my house on Weds 9th. July with a demand for £3,439.00. This included interest of £399.35 which I thought was excessive. I have paid the money, as I did not want it escalating further. Do I have any redress ? Kind Regards ***** *****

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Sadly not.

Alex Watts :

This is because unless the Court orders otherwise cost are payable within 14 days.

Alex Watts :

However what you can do though is when your appeal is heard is question the interest.

Alex Watts :

Unless the Judge ordered otherwise interest is not payable on costs.

Alex Watts :

And even when it is ordered it would usually be around 2-3 %

Alex Watts :

But until the appeal is heard sadly there is nothing you can do about that

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

The Sheriff said they had sent a letter to me on 16th. June 2014. With a demand for the costs awarded on 27th. Feb. 2014. I never received this letter and consequently incurred an charge from the Sheriff of £639.00 plus VAT. Am I liable for this charge ? Its my view the letter was never sent and allowed the Sheriff to add the charges

Customer:

Dear Alex

Customer:

The Sheriffs office said the rate of interest I was being charged was 8%. Who sets this rate ?

Alex Watts :

Sadly you are liable for the Sheriff charge.

Alex Watts :

They have set procedures set down by law.

Alex Watts :

As for 8% this is under the County Courts Act.

Alex Watts :

But Courts have a discretion as to interest.

Alex Watts :

Given base rate is 0.5% Courts usually award 3% maximum

Alex Watts :

Does that help?

Customer:

Yes thank you. How do I challenge the 8% charged to me ? Also 8% on £2,268,00 from 27th. Feb. 2014 to 9th. July 2014, is nowhere the £399.35 they charged me. How can they justify this amount ? and how do I challenge that ? Regards Roger

Alex Watts :

You can make an application to the Court to assess the interest part.

Alex Watts :

Form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

Does that help?

Alex Watts :

If this answers your question might I invite you to rate my answer.

Alex Watts :

If the system wont let you please do say

Alex Watts :

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