Thanks for your comments SFU, I wonder what the DJ would have had to say for himself if I'd brought that up in front of him, (food for thought eh!!!) and would have been down on the record! Humbleman.....A good point raised....I would hope it wouldnt become null & void!!!! Heres what I can decipher from it so far........... Handing down of judgement following hearing on 13/07/09 that **** **** C's application for Summary Judgement Application successful. Judgement for C with? costs to be paid by D Discretion exercised on? the ***** of findings as to **** made, having considered the evidence. D's application for leave **** ** her ***** that the judges finding were incorrect. She seeks to revisit matters aired & determined on the day.

Thanks sunflower99 ..looks like its now going to be a long one.

Thanks Docman.....I have the first document then which is the hard to read copy of the N460 that I hung around & waited for from the usher afterwards....glad I did after seeing how long other caggers had waited for theres. http://i612.photobucket.com/albums/tt204/mummywith2kids/N460.jpg My copy judgement is what I uploaded on posting #294 (so far so good:-)) Thanks cymruambyth for the info posted. As per the transcript Docman, I am pleased to know I dont need a transcript then at this stage so dont have to find the money from somewhere ... having just looked at the excellent link you gave me http://www.hmcourts-service.gov.uk/courtfinder/forms/204_0709_e.pdf it states at 4.1(f) to have the transcript though. When I read point 6 in relation to this, at point 6.10 it says the transcript is not necessary eg if the judge has given you permission to appeal. As he didn't in my case & as I have a copy of the judgement in writing, this appeal wont get dismissed will it in my failure to supply it (re:4) in with my bundle .... Hope you dont mind me querying it....I seem to be back on that roundabout again y'see although coming round to the idea of taking you up on that thought of having a deserved break from all of this this weekend.

Cheers Dad, sure Pat is glad to have that information too. From the top of your head what is it I need for round 2 stage to get me on the right footing (am planning to check about the forum this weekend too) and will I need to get the transcript of the judgement hearing for the round 2 appeal etc... ?

Thanks for your kind words Fretful38 & Humbleman, thanks for the links, along with your own link threads I will spend this coming weekend fathoming out my next course of uphill actions!!

Thanks guys.....It beggars belief in what was my point in saying anything at all ....I missed more things too to be honest like the S69 bit in the POC, I suppose I could have gone on + on + on but like Pedross & SFU said, his mind was already made up!!! Which Restons was well chuffed by. Next......I would appreciate any next fountains of knowledge to assist me with the appeal procedures.....SFU what you said about Maladministration as Humbleman just pointed out shouldnt this be something to add to the pot too?

Well unlucky for me I got the same "FAMILY" Djudge today to hand me down my judgement. From that, it will be no surprise to know that he used his judiciary discretion and refused me permission to appeal. Restons in there delight had attended too. It started with the Judge saying why we were there today & listening to both sides at the court hearing he was handing down his judgement, I had got that copy had I etc etc. Then he went on to the costs that Restons had put forward at that hearing and what figure the judgement would arrive at. I piped up at that point that with regards to the costs (as he was tallying them up) I had tried everything to negotiate with them before all this came to court so if the costs could not be awarded...he went on discussing the fees listed with Restons then to the hourly rates, work involved that were listed. When that moment of silence came I then started my sentence that Docman had suggested in wanting to apply for permission to appeal....(I wasnt interrupted) so made sure I referred to what acts had not been applied to CCA1974 under S61 etc. Failure to comply with the consumer credit (Enforcement,Default & Termination notices) regulations 1983. How no valid Default Notice with the prescribed period allowed to rectify any breach was ever presented accurately and in line with the CCA197. That it was a legal requirement to allow me no less than 14 days from receipt of service to remedy any breach as detailed in schedule 2 of the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1983. I then continued on regarding the Interpretation Act 1978 section 7 Practice Service of Documents and its statement here Tuesday would have been the earliest it could have been served to me had it been 1st class & 2nd class would have been the Thursday ...also if CPR6.26 had been incorrectly applied in this instance? 6.26 makes it 2 Business days & the DN posted on the Friday would have still been the Tuesday NOT the Monday as 6.2b Business day means any day except Sat, Sun a bank hol etc. I was still putting them to strict proof. I then concluded with what DAD had suggested in being grateful if I could have the form N460 etc Restons had been scribbling away during all this but then came in to remind the judge how (cant remember if they said the words contest the appeal) as what outcome had already been decided from the judges points raised had already been based on that information already (or something to that effect!!). Thats when my skeleton bits came in handy as I was then able to point to each of the following.:- judgement comment no's 15, referring to me receiving a copy of "agreement". I clarified to them what my Amended defence no.21 had stated here & not referred to it as an agreement, it was a "Priority Request Form" Judgement No. 17 There IS no signature on this priority request form yet it states here it does? and Judgement 23 does not comply as per Legislation (Consumer credit Act 1974) (stayed clear of the words S78 as Docman said) AND Judgement no 20/21 The DN DID NOT give me 2 business days, The DN was dated 9Jan (FRI) How can this be delivered on Monday 12th, Monday is not the 2nd buisness day after posting Tuesday would have been. I came across quite calmly but firm to be honest as I wanted to get it all down for the record, so stood my ground. The judge having listened then concluded in his decision he was not going to grant the appeal. I asked could I have the form anyway, he did not have one to hand but he would get one from his usher if I waited outside. What he has put on is hard to decipher though unless your good at joined up reading at its worst!!! The only thing I did get in my favour was having the costs that Restons had summitted almost halfed, however I don’t think quite honestly this was down to me only for the fact the woman from Restons could not clarify fully as to what the costings stated had involved. So that’s my time in court today….falling on this Family Djudge twice now who either hasn’t the knowledge or care to be bothered with it IMO. NEXT..........

Thanks dad.....for the nicely put add on.

Thanks I forgot the obvious (honest!!!) my poor westie did not get his walk last night either with everything going on in my head right now, will be glad when things get back to normal (if ever!) Thanks for your wishes everyone....I will post late on tomorrow afternoon with how I got on...but of course stay peeled tonight in the meantime to welcome any other comments/information with pleasure.

Hi royalblue1878 I had this info (copied off a thread awhile ago) re the situation your in should that have ever happened to me.....here is the extract Where defence was being served on the claimant and that they had 28 days to respond. Where he wishes to proceed the claimant must contact the court within 28 days after receiving a copy of my defence. After that period has elapsed the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay. "The claim will be stayed" means that it goes into a kind of indefinite limbo, just waiting for the claimants to actually do something. This is a disgraceful situation, as it just wastes the court's time and the taxpayers' money. If the claimants were not ready to launch their claim, they should not have done so. The action you should take is the hardest action of all - waiting. It is now firmly up to the claimant to decide whether to spend more money taking this further. You've done everything you can do. The ball is now firmly in their court, as its stayed you cant go for a set-aside, as theres nothing to set aside, suggest a letter to the court highlighting the claimants delay in pursuing the claim, and their inability to produce any sort of reply to your request for info under the CPR, and asking fort their claim to be stuck out.

Thanks Docman will re-prepare & make sure I have ALL points on board ready as with all other points that caggers have mentioned too. Its all been so very valuable these contributions as this time last week my head was beginning to get buried in the sand. I was wondering if the other side turn up tomorrow or has this hearing just been set for me? I will keep my eyes peeled tonight for any last thoughts anyone....thanks again guys

Thanks Dad for your input, it all helps. I had mixed them together as notes to myself really so if I have to add input on the day it will prompt me in relation to the acts. Guess I will get to speak and understand preparation is the key. Thanks for your kind words of support Sunflower99/Summerbreeze/Mandyjane they keep me going as my knees knock....not many hours left this evening to bring it all together now. Seriouslyfedup as always really glad you bring up all the angles in your discussions, we shall wait on our VIP docman now to see what he thinks.

Here goes, took me a fair amount of time digesting & collating this together but hope what I have here can assist others too (esp with the help of Docmans input). I am mainly using it as a prompt in order (should I get the chance) to have it all said out loud (should I ever need the transcript). I dont think I should mention as Seriouslyfed up said the word Maladministration to the DJ tho although it raised a good point on him keeping me waiting 6mths to hand this judgment down. The attachment is below & hope to have your feedback comments soon Docman. Thanks again for your contribution, dont know where I'd have been now without it..... MDAW GROUNDS FOR AN APPEAL.doc

Thank you docman your an absolute star, and I am ever so grateful for the way you have presented this to me in a format I understand. I will work on this this afternoon & post up something this evening. Your input has been a saviour. Thank you thank you thank you....... (1st smiley in days!!!)

How weird, what are link up to....I took a call today from them as my hubby wasnt available, the message they left was that it was just a courtesy call for him & they were just calling to say "Thank you" & they will give him a courtesy call again similar to this next month. Have they got nothing better to do....I thought it most bizaar!!! p.s waiting on the CCA still (seems there response in writing from our request was it can take up to 30 days)

my eyes are peeled too humbleman, esp as it feels we are hanging off a cliff at present!!!

thanks for your support Mandy

Thanks docman thats brilliant you giving me your time & v much look forward to your comments & scutiny later. Having rang the court this afternoon, (who were not aware I had rec'd any DJ copy summary enclosed inside the hearing notification letter (was I meant to have this??) I should still have 21 days afterwards to appeal. As Cymruambyth quite rightly posted above I will have to ask his permission on Thursday and then be given a form he completes afterwards as to whether he will allow it or not. I therefore (in order to be prepared) will have to address the judge with my reasons, this will be a tricky one for me to point out to him how he has misinterpreted the law and the evidence (as Seriouslyfedup said) that was presented in front of him. Docman when you have managed to look at everything & summise if I have a strong enough case (eg judgment points 20/21) re the DN for example not giving me 2 business days plus other discrepancies, if I do go into my hearing that day with this in mind should I be preparing something now in writing & should he have a copy ahead of Thurs? (I say this just incase I dont pick my words carefully on the day ).

Thanks Seriouslyfed up. Re 1. I will ring the court tomorrow (getting to see CAB these days I would imagine will need an appt & time is not on my side. Perhaps court can also advise me why the judgement is dated Sept but I have not had it till now & if this affects an appeal being over 3mths old? How & what the process will be & if I have to go about it on the day of my hearing. (If that is the case will my reasons for it have to come up in court that day then in case I need to get a transcript???) I may even call the courts of appeal in London aswell Info about - Court of Appeal Civil division - civil appeals office as it states a tel number for issues on new cases. In the meantime any more advice anybody feel free to comment. Thanks again.

Foolishgirl I am uncertain of if to appeal for my judgement being handed to me this week, Seriously fed up has raised a few questions there already to help me with steering here but I would be ever so grateful if you were able to pop on by too? http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-d-judge-made-wrong-15.html#post2714887 Thanks

So one should just shut up & put up....great.... my day is getting even better with this news

Your questions are spot on Seriously fed up but feel I cannot mither the site team anymore than I have done already. They are the questions I do need to know to go forward. I dont know what will happen this Thurs when I turn up. Should I be taking stuff with me if I do get the same DJ as to why he should let me appeal; and in what format do I present this if anything . Do I accept the hand thats been dealt me then go from there? cymruambyth - leave to appeal, so should I be preparing evidence again ready for the day. Still confused on this not so merry roundabout I have not stepped off yet. I have never started any of these actions only them never accepting my £20mth payplan payments like my other creditors. The judge also was told I had tried to do my best but was only in court as they had made me now wanted them to disclose docs & this dn was not giving me the time to rectify matters. It worries me now as my Income has massively fallen this last year how can they get anymore of something I dont have, I also have costs to bear now in addition & feel disappointed to have been let down so badly by the justice system which has clearly not been upheld. It just doesnt seem fair.

Hi Seriously fed up.....I have done desperately once a day since receiving this outcome since I had only 9 days to deal with it (4days now) guess they are inundated with requests at present so I am beginning to think I should just accept this outcome . So what exactly happens now at this judgement hearing on Thursday? What do I take with me? What should I expect from it? Lets hope todays a brighter day for me in this mess I am in.

Hi Dorabell Have read your thread today & realised I am in a similar situation to you now. Having read what Andy said at #412 just makes me wonder now myself if I should accept my miscarriage of justice done to me aswell with my judgement I was served this week for a hearing next week. Your information posted is giving me food for thought & wanted to say how admired I am on being so accepting of it, you are truly remarkable. I wish you well MDAW x

Bump Could somebody help me please I am still confused with the paperwork I need to start with....also that this judgement is dated Sept but not rec;d by me until 3days ago. Should I accept Judgement first this Thursday then try to set it aside, I see so many threads with such alot of info to digest I am at a quandry as to what to actually do to get things rolling. Please help