no sign of my cheque from the LA

[bjkmummy]

deadline for me to be paid is by Monday at 12 noon - given that it would have probably been posted yesterday to get to me on Monday had kind off hoped that I would have got it today but guess still a chance on Monday.

if no cheque here on Monday - I guess that come Monday afternoon I need to get a complaint in given its come from a tribunal judge order. dh is convinced the LA have probably yesterday lodged an appeal against it so that will be why there will be a delay but Im not so sure.

I think the LA are just incompetent and wont know what to do with it to process payment or are trying to force it into next year.

was going to wait a few days before I complained but then thought no sod it - easter next week so by mid week they will all be going off on leave and it is a judge that has ordered it to be paid so they must comply really - not like ive ordered it.

[Bilberry]

Well I can't say I am shocked. It seems part of the course for your LA. As well as putting in a complaint, I think you should also phone up the finance department at the council to check they have received instructions from the SEN department and to ask when it will be paid.

[senvet]

I have a vague memory that delayed payment of a court order of costs automatically accrues interest.

Let me have a root about. I am not hopeful on this, but it has to worth a try...

[2boysnamedR]

Why am not surprised?

Sendist still haven't ruled on my costs - again not surprised

The only thing that genuinely shock me is a la that do what they should!

[bjkmummy]

I met them last week and it was all them being nice and how they would work with us and would be in touch asap to give us a schedule of dates they were working to - no sign of that yet which was a 5 minute job if that - they told us they would get no more reports and would just ask the school for an update on her levels which we were okay about only to find that as soon as we left LA on the phone to school and have also asked for a report on how she presents at school so clearly up to something so being nice was all for show. they even asked us to withdraw the next appeal!

as it stands they wont name the school they want until just 2 weeks before the tribunal - I hope they name my indie school but we all know that is never ever going to happen hence why I need their timeline which should show exactly when they will name secondary.

[senvet]

Does the order for costs from the tribunal include an order for interest?

It looks to me that it is 8% which is a better rate than you can get in any building society. Don't get your hopes up yet

[bjkmummy]

no - it just says the xxx amount to be by 12 noon on Monday. I guess they could pay it on Monday - how they are paying it I also don't know - ive just assumed by cheque

[Icimoi]

It looks like you need to register the order with the court and get them to send a bailiff - www.moneyclaimsuk.co.uk/PDFForms/EX328.pdf I suggest that if the money doesn't turn up and you have to pursue it through the courts you will be claiming the further costs involved plus interest. That might wake someone up.

[senvet]

OK dh has come up with this:-

"Post-Judgment Interest

by Paul Bugden (Bugden & Co Solicitors)

Ref: Novoship (UK) Limited v Nikitin [2014] EWCA Civ 908

Section 17(1) of the 1838 Act, as amended, provides as follows:

“Every judgment debt shall carry interest at the rate of 8 pounds per centum per annum from such time as shall be prescribed by rules of court until the same shall be satisfied, and such interest may be levied under a writ of execution on such judgment.”

An order for payment of costs ranks as a judgment (sect 18 of the 1938 Act and Thomas v Bunn [1991] 1 AC 362)."

He's coming up with something else which is less hopeful...

[senvet]

that article by someone from Budgens solicitors goes on....

"The statutory provisions giving the court power to award interest on sums for which judgment is given provide only for the award of simple interest in contrast to Section 49 of the Arbitration Act 1996 which specifically permits the award of compound interest. It is the general practice in London maritime arbitrations to give post-award compound interest on damages and costs.

As originally enacted the 1838 Act provided for a rate of interest of 4%, per annum, but section 44 of the 1970 Act gave the Lord Chancellor power by statutory instrument to vary the rate of interest payable from time to time. The rate was varied on a number of occasions until by the Judgment Debts (Rate of Interest) Order 1993 it was set as 8% per annum, where it has remained ever since, despite significant variations in both the Bank of England Minimum Lending Rate (“MLR”) and rates available commercially. The MLR currently stands at 0.5% per annum."

But then there was a tribunal ruling (but dh now going out) where they came out with a different rate of 4.something% but compound instead of simple interest.

Sorry fresh post to make it simpler

[2boysnamedR]

How funny, send the balifs and put that in your evidence for next appeal

Job advert for LA tribunal rep "Random idiot required with delusions of the law of society and the land"

[senvet]

Right
You can go to small claims court where interest is 8% and you can apply on line, but there is a fee. I don't know how much, and you would be crazy to do that without a letter before action. ie pay in full by close of business on Tuesday or I will apply to small claims where interest is 8%. You would need to be 100% sure that the letter had been received ie email it straight to legal, sen dept etc and ask for acknowledgement of receipt by return and call to make sure that they have your email.

OR
you could go back to SEN tribunal for an order for interest to be paid at a rate to be determined but ask for 8% on the basis of the small claims rate and the cases I have given. Again you would need a letter before action I assume, but no fee.

You would be asking the SEN Tribunal to do it under their wide discretion, and dh might have to find you a case that tells them they are allowed to do it when he gets back in.

Either way, I think the letter before action with a mention of 8% interest ought to do it.

Hope this helps

[senvet]

as it stands they wont name the school they want until just 2 weeks before the tribunal

Is that because the Tribunal have ordered them to name it by that date? Ot is that your LA's idea?

If it is your LA's idea then ask the Tribunal to order an earlier date.

They would try the patience of a saint.

[bjkmummy]

its the LA idea of course senvet!!!! they are now issuing final statement number 3 in the hope I accept it and then withdraw from the appeal, the dates they showed us was that we would get it at the end of next month (god knows why they need a month to rewrite a statement when they have all of the reports) then once they had done that then they will consult schools in may and then issue the final statement with a school named 2 weeks before the tribunal -now they are saying they will speed that process up but to date they have now gone silent so I have no idea what they are actually doing now -was going to give them to the end of april and see what they say then get a judge to order them to say what school the will be fighting to tribunal over - they also by the end of april have to name their witnesses.

I have now formally served notice on them and the tribunal that I am going for an indie school so my cards are on the table as that's one of the directions.


the link about says that all I have to do now is lodge my decision with the county court and then can move straight away to enforcement - the only cost is the cost of the baliff.

heres hoping the payment does come on Monday. they will be idiots if they dont

[bjkmummy]

plan is if the cheque doesn't come on Monday - email with the costs order attached going direct to the head of service of the LA with my county councillor copied in and asking them to pay up pronto or I will be going for enforcement and the relevant interest/costs

[senvet]

You are on it bj. Look out for the mystery 'by hand' person lurking outside on Monday so the cheque comes no earlier than noon.....

[Icimoi]

Don't try to enforce it via the tribunal, they will only refer you to the procedure I linked to upthread.

[2boysnamedR]

You need to put a mouse trap in the letter box.

If my rep turned up at my door I'd call the police

[bjkmummy]

ive had many a home visit 2boys - I had to put it in writing telling them to stop. I thought I was special till my friend mentioned the other Friday she saw the EP hand delivering documents to her house.

at one stage I had something like 4 visits in 10 days. then we moved to everything being delivered on Saturday. im slightly concerned as today I usually get notification of my direct payments being paid and it hasn't come today so im hoping there is no issue with my direct payments now

[senvet]

I am gobsmacked that the tax payers' money is being spent on hand delivery. I thought it was just one officer who happened to go past your house on a Saturday.

There is a new thing that they could consider using that would save a lot of money.
It is called electronic mail and is usually known by the nick name 'email'.

Perhaps you could draw it to their attention.

Good grief.

[bjkmummy]

no - I do live in the town but the other side of the town to the LA offices in the middle of a complex designed housing estate so certainly not somewhere where you would just happen to be driving past on your way to or from home. and sounds like most of the sen team do not live in my county anywell.

the LA officer then realised she couldn't harass me any longer so then started to just pop into my dd school for a chat with the senco but that school is not even in my home county and is in the middle of nowhere in a remote village - she would pop into school to hand deliver stuff as well!!! and then sit there trying to find out from the school what I was up to

[Icimoi]

The trouble with email is that local authorities these days are totally neurotic about using it in case they send the wrong documents to the wrong people, so a lot of them insist on using outside secure websites which are a pain in the neck and require recipients to register, get passwords etc etc. It's worth bearing in mind you are fully entitled to tell LAs you refuse to be contacted by that method.

[senvet]

Ici I hadn't thought of that, but I heard a rumour that the Samaritans stopped using twitter or an app or something that was not secure enough. Girl Guiding are tightening up their procedures so that email lists are secure etc

Still, it seem a bit over-the-top to deliver everything by hand. Austerity might fall on that idea before taking hours out of kids statements.

[2boysnamedR]

Emails not that secure. I got a very interesting email as part of tribunal. Not sure if it was a mistake or a threat.

[bjkmummy]

well the cheque has not arrived - no real shocks really. complaint done and sent to the head of service of the LA and copied in my two county councillors - given them until tomorrow at 5pm to explain the delay and to apologise to us then if I hear nothing more on weds I will begin the enforcement proceedings