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Boro

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  1. I have been trying to find the guidance notes for form N164 but have been unable to find any, does anyone have a link to them or better yet a layman's guide to the appeals process Reading through the N164 form to request permission to appeal I have the following questions 1. It asks “on what date was the order(s) you are appealing made, is this the date of the hearing or the date of the N24 the court sent me notifying me of the judgement 2. In section 4 there is a number of tick boxed, I presume I tick yes to “Are you asking for a stay of execution of any judgement against you? (if granted this means that no further action will be taken on the judgement until your appeal has been dealt with) then complete section 7 A 3. In section 4 it also asks will you be lodging the appellant's notice with the court within 21 days of the date on which the judge made his decision? is this the date of the hearing or the date of the N24 the court sent me notifying me of the judgement as the hearing was over 21 days ago in which case do I tick no and complete section 7 B 4. Section 5 grounds for appeal, please state in numbered paragraphs, why you say that the judge who made the order you are appealing against was wrong 5. Section 6 What are you asking the court to do? Do I rick the box which says that I am asking the appeal court to set aside the order which I am appealing? 6. Section 7A, I apply for a stay of execution because:, what should I put here? 7. Section 7B Do I tick “I apply for an extension of time for filing my appeal notice because (set out the reasons for the delay. You must also set out in Section 8 what steps you have taken since the district judge's decision 8. Section 8 Evidence in support, In support of my application s in section 7, I with to rely upon the following evidence: what should I include here?
  2. Thanks Andy that's what I thought, are you able to help with my other two questions?
  3. Thanks Andy, I was just trying to get an idea of my chances Yes I do want to appeal, I presume when you say about the risks, cost and costs liability you are referring to the court fees to appeal which due to my circumstances should be waived? and that should I fail the claimants additional costs would be added, am I missing anything? I have been doing some reading and I think I am right in saying that in order to appeal I need to submit an N164 to request permission to appeal and if permission is granted then submit an N164 & N460 The judgement was made by a deputy district judge, does that mean that the request for permission to appeal needs to be sent to a district judge in the county court or a higher court?
  4. Thanks Andy Do you think I stand a reasonable chance of appeal over the credit agreement?
  5. Would the fact that the claimant has failed to produce a valid copy of the credit agreement in response to my cca request not be grounds for a set aside or appeal ?
  6. My witness statement and documents reached the court and the claimant prior to the deadline My notice of non attendance of the hearing reached the court and the claimant prior to the deadline The hearing would have been a month ago now, I have now finally heard from the court which states: It is adjudged that upon hearing counsel for the claimant it is ordered that judgement for the claimant in the sum of £5,499, the defendant shall also pay the claimants costs in the sum of £901, including court fees of £801. The said sum, amounting in total to £6,400 are payable within 14 days I'm really surprised to be honest since the claimant failed to produce a copy of the credit agreement, from the wording I wonder whether they even took account of my witness statement or documents. Do I have grounds for having the judgement set aside?
  7. I haven't sent anything yet, I was basing my letter on this https://www.sparqa.com/content/late-payments-and-disputes/document/letter-of-nonattendance-for-small-claims-hearing/overview that is worded and addressed to the court I was going to edit the wording in the copy sent to the claimant and attach a copy of the one sent to the court
  8. A letter notifying the court and the claimant that I will not be attending the hearing
  9. Thanks Andy, I have typed up a letter to the court, should I include a copy of the letter to the court with the letter I send the claimant?
  10. A family member has passed away, the funeral is out of county
  11. Sorry Andy I wasn't thinking clearly, thanks for all your help Since filing my witness statement I have received a hearsay notice from the claimant, the deadline for the claimant to pay the trial fee has passed but still no word from the court and nothing on mcol, I don't know whether they paid the trial fee or not, I have tried to contact the court without success, I sent them an email only to get an automated reply saying they aim to reply within 20 working days. I wont be able to make the hearing if it goes ahead, I need to let the court and claimant know, is there anything in particular that I need to say? Thanks
  12. Should the copy of the claim form and copy of my defence be included with the paperwork I send but not mentioned in the witness statement and listed in the index instead? Or should I leave them out altogether The two reconstituted agreements are different, one says that I have applied through moneysupermarket group (one referenced in witness statement I think) and the terms & conditions are different So with exhibits at the end of the relevant paragraph do I put: A copy of my CCA request exhibit 1A can be seen on page 4, mark the CCA request as page 4 or does the CCA request copy also need to say Exhibit 1A on it Any thoughts on the wording or the alterations to the witness statement in respect to CCA & CPR requests? Thanks
  13. There are still bits I don't properly understand DX, whilst I didn't think the judge would through the whole lot out I did worry that if not in the correct format some of it may be excluded
  14. They did though DX, they failed to provide an original agreement but did supply two reconstituted copy agreements & terms & conditions, a notice of assignment, default notice, statements of account and letter before claim
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