Payment of legal interest

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16 May 2018 19:40 by kwdavid Star rating in Houghton-le-Spring. 24 forum posts Send private message

How my case went and the communication that took place

1. I take the opportunity to inform you that the initial hearing will take place on the 16th March 2016.

2. I have been informed this morning that the Judge has ruled in your favour and awarded you with a full refund of xxxxxxxx Euro and legal interest from the date of the payments. For your information, legal interest ranges around 4%-5% per annum. I estimate that this could easily be in the region of xxxxxxxx Euro.  20th May 2016

3. Let’s start the year with some positive news. The barrister has received the main deposit of 30,570 Euro which can now be transferred to your Euro account if you supply the bank details. He will deduct his costs and send the balance to you. The same will apply to the interest when this is refunded 4th Jan 2017

4. I have now heard from the barrister who has told me that he asked the Court months ago to calculate the interest and legal costs due as well as force the bank to pay for these but the Court has not done it yet. He asked the Court to deal with this in writing not long time ago but still no action from the Court. He has therefore asked our Court Agent to put pressure on the Court.

To date I have still not received any legal interest as ruled by the Judge.

Has anyone had the same issue or recovered the legal interest.

in anticipation many thanks for your assistance.

 

 




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13 Jun 2018 13:59 by ads Star rating. 3389 forum posts Send private message

Maybe worthwhile putting your question on the main EOS site as opposed to the community thread?

Did the judge award you return of costs?




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01 Oct 2018 10:12 by joandjez Star rating. 45 forum posts Send private message

I'd also like to know why it takes so long to get your interest when the Supreme Court has ruled in your favour. We've been told 6-12 months but I can't figure out why it would take so long; should be a month tops for someone to calculate the figure and make the payment.




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01 Oct 2018 11:00 by Chrissie1 Star rating in UK. 376 forum posts Send private message

Chrissie1´s avatar

Our case went to Supreme Court on 9.9.16 and we have still not heard anything. I get lost for words to be honest. 

Chrissie1



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01 Oct 2018 12:15 by ads Star rating. 3389 forum posts Send private message

Chrissie

When you say the date your case went to SC, do you mean the date it was submitted to the SC, or the date it was accepted and actually admitted into the SC for consideration? Sometimes submissions are not accepted ( in which case you should be advised of the legal reasoning behind this), so it is important to establish what is the background to your case.

There appear to be many delays now affecting both the process of submissions to the SC, and achieving rulings IF the  case is subsequently admitted for consideration. Perhaps your lawyer could advise how long these submissions are taking, and thereafter how long if admitted it takes to achieve an actual SC ruling.

 


This message was last edited by ads on 01/10/2018.


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01 Oct 2018 14:03 by Chrissie1 Star rating in UK. 376 forum posts Send private message

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Hi Ads

As quoted to us on 3.7.18:

"SGR submitted a cassation Appeal to the Supreme Court in September 2016 and the Lawyer is waiting for the SC to decide if it will admit the Cassation Appeal into procedure. Normally this takes 12 to 24 months".

Maybe you would be able to offer me some suggestions. I am worn out with it all.

Thanks Ads

Chrissie1



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01 Oct 2018 14:20 by kwdavid Star rating in Houghton-le-Spring. 24 forum posts Send private message

This is the latest response 

I have now received the update below from the barrister in which he says that he is waiting for the payment of the interest and legal costs.

 

The officer in charge of your case archived the file by mistake. The barrister then appealed and requested that the file be reactivated. He is currently waiting to receive confirmation that the file has been reactivated.

 




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01 Oct 2018 15:47 by ads Star rating. 3389 forum posts Send private message

Kwdavid,

Goodness, is this the court officer who archived this by mistake?

How can legal firms know if this is the case when they assume that this delay is all part of the growing instance of court delays?

Is there no procedure when a court archives a case in this manner, for the legal firm to be automatically kept advised of this event by the court, to ensure that this is a legitimate process and thereby prevent any further erroneous compromising delays for their clients?

This is extraordinary, as it could be a considerable time before an error of this magnitude is ever identified?

Perhaps I have misunderstood?

 


This message was last edited by ads on 01/10/2018.


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01 Oct 2018 19:50 by kwdavid Star rating in Houghton-le-Spring. 24 forum posts Send private message

Is this the court officer who archived this by mistake?

Short answer is Yes

 


This message was last edited by kwdavid on 03/10/2018.


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