Cosmicdancer
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Thank you both. When I can afford to I will of course donate. I was going to ask about possibly claiming some of my expenses back I’m still really stressed from this case dragging out this long though and don’t really want to open up a can of worms when it’s been dealt with.. not sure I could handle it!
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ok great.. i have emailed the form off. I actually forgot to ask the judge at the appeal court about my costs it totally slipped my mind i was anxious in there and very forgetful. The defence i filed was just re emphasising the fact that i cancelled my account on the set date & i had more evidence to back it up. 82 pages of comms notes narrowed down to 4 or 5 pages.
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Thank you for the quick responses.. I thought counterclaim meant claiming the costs back.. I was only given a date to file my defence by which I did and the judge mentioned I didn’t need to send my evidence in i’m assuming because the copy he had was sufficent.. The claimant keeps emailing me asking for the proof yet I’m reluctant to send it to them directly because they didn’t bother to turn up and see me in the appeal court.
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Well.. I filed my defence by the deadline and today I wake up to a letter saying if I don’t return an N180 directions questionnaire by the 15th December my defence will be struck out and the Claimant shall be at liberty to request judgement.. So considering today is the 16th December and it’s landed on my doorstep a day after the deadline am I in trouble? Also… the claimant keeps emailing me asking for the evidence. I responded by saying if they met me at my appeal meeting in Preston which cost me a lot of money to get there etc they would of seen it.. I also mentioned that isn’t the evidence plainly obvious if a judge has granted an appeal and set a judgement aside? So now I ask.. what cause of action should I take? I’m going to call the court once I receive a response on here. I honestly thought this was over and dealt with. Do I have grounds to apply for a counterclaim? The photocopying & transport has left me out of pocket and considering they wanted to charge me £180 costs in my first hearing. Thanks
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Update: attended hearing in person to gain permission to appeal. Outcome: Permission to appeal granted , claimants solicitor was a no show so permission to add further evidence granted. Bigger news: Default judgement set aside. Have to file a defence by 14th October. Hooray!! I will contact my local court and find out how I can submit my defence. does this mean the judgment will be automatically removed ? Or do I need to contact the court that awarded the default judgement? Thank you everybody for your help! Edit: by to my typo before defence..
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Update: Filed an appellant’s notice 3x copies to the court asking for permission to appeal. The grounds I used were the judge made a hasty decision trying to save costs rather than giving me a fair hearing . Also stated the fact the decision was made from a completely false scenario presented from the claimants solicitor . Namely me “forgetting to cancel the tv part of my account”. Thanks guys
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Is there an appeals process I can follow? I’ve been back on my SAR from sky and the representative has clearly stated that the TV was restricted so there was nothing to cancel. It’s only when my ex has started paying it that is was activated again. The judge was quite obnoxious and accepted a fiction/fantasy story from the claimants that I had “forgot” to cancel the TV aswell as my broadband and phone. How they can make such an assumption and a judge believed it is beyond my comprehension
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Nope I haven’t posted it yet I need to edit the personal details from it so I can upload it. I didn’t do the charge back or anything like that. It’s my ex partner that has done this to me. We used sky in my name because she’s black listed from everywhere. Thank you for your reply . It’s a very good and important point I need to bring up. 40 - 19.09.2016.pdf
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