Repo order help with defence needed.

[frettful38]

subbing

[frettful38]

I am not too sure but there was a cagger worsteve who I believe got his debt quashed as he too had a faulty DN, maybe he could pop in and advise.

 

cosalt, please do not despair, I know its easier said than done, any court appearance can make anyones knees bolt, trust me I am speaking from experience having attended nearly six hearing since last year on my own problem.

 

My advice is hang in there, there is more than one way to skin a cat, and once one of the experts pop in then fingers crossed something good will come out of this.

 

put in down to experience, just because you've fallen don't mean you can't get back up, chin up and keep strong and keep the fight up:D

[frettful38]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices-132.html

 

here is the link where I read about worsteve

[frettful38]

Good advice LA,

 

Hang on cosalt in there, after what i have been through this should be a walk in the park for you.

 

Wish legalpickle was here as he is out of this world when it comes to appeals and courts.

[frettful38]

Debt Factsheets - How to set aside a Judgment in the County Court

 

Info about - Court of appeal civil division - questions and answers

 

there is a lot of info on here cosalt, hope it is of some help, hope I have attached the right info, sure will corrected if not

[frettful38]

I wish we knew the outcome of Shakespeare62's appeal as this would give me faith that justice will be done.

 

from my own experience justice will be done you just need the fight to get it, if I can do it then you can certainly do it to. I have just proved that you can get blood from a stone cosalt, so keep strong mate and keep fighting, there are too many of us as it is supporting you through this difficult time.

 

If it helps play the soundtrack from the Rocky movie, eye of the tiger, get on your boxing gloves and prepare for a punch up,

[frettful38]

LA just want to say that you have given very good advice to cosalt at a very critical time when needed.

 

You may soon be up there with the cag wizards with the great advice you are giving, great work and I am sure that cosalt will also agree.

 

TOP MARKS LA!!!!!!!!

 

BTW, good luck cosalt I hope all turns out well for you as I know only too well the traumas of going through court procedures, sorry I am not able to give you advice in your specific problem but can support and wish you well mate

[frettful38]

Absolutely agree !!! I have clicked LA's scales as much as I can and wish I could give more ! I am sure others will help to see those green blobs rising !

 

Thanks for the kind words, I think I will be more in position to help others after this too.

 

 

your damn right you will be!!!!!!!!!!!

[frettful38]

Well put simply. I don't know what to do now

 

 

Its obvious the court is arsing about, and probably ain't got a f#####g clue what to do so why don't you just put in for an appeal and forget setting it aside?

 

Its up to you cosalt but obviously the court is wasting valuable time [your time] and this is not good. Once you put in an application to appeal that should slow things down until your get everything in order AGAIN.

 

You should ask this court and the who ever your talking to have that got a bloody idea what the hell there on about:-x

[frettful38]

So, at least we're all agreed then!

 

 

Agree? we aint got time to agree JUST DO IT as starsky would say to hutch

[frettful38]

Right appeal it is then, not only for my benefit but for the benefit of anyone with a dodgy DN.

 

I could try and negotiate but why should I? I know I am right so why give in ?

 

I'm going to appeal, win and get all my costs back and CAG will benefit from a donation as a result !

 

cosalt.

 

 

Good now thats what I like. I don't want to go in to too much detail, but anyone who read my thread "is it a mistake or fraud" would look at this thread as a walk in the park.

 

Bottom line was in my case is that I knew that there was something wrong, and despite all the thrashing and belting from legalpickle I still did not want to give in. In fact I was so determined I was right that I could not ever take no for an answer, I fought and fought and when I had nothing left I fought some more, and I WON.

 

So cosalt like I said you can do this, trust me when you win you will feel on top of the world like I do today, just better remember not to stay up there too long hey , got more matters to deal with.

 

Anyway, my advice is stay calm, think clearly and positive. If you think and believe your right then you have to fight. That is my middle of the years new resolution.

 

agree everyone?

 

I WON WITH LEGALPICKLES HELP, AS I WOULD NOT HAVE BEEN ABLE TO DO IT IF IT WAS NOT FOR HIM, FORGOT TO MENTION THAT ABOVE, DON'T WANT ANOTHER BASHING FROM HIM

[frettful38]

I don't know the exact procedure and hopefully someone will be able top advise further, maybe you could pm PT2357 and point him to your link, he is very good at this stuff.

 

Hope this is of some help,

 

http://www.rcjadvice.org.uk/documents/Howtoappealacourtdecision.pdf

[frettful38]

Thanks that link is very usefull.

 

I have pm'd pt2357 but he says he will not acceot pm's asking for help so I hope ive done the right thing

 

 

sorry cosalt but you may have misunderstood what I advised, which is understandable with all your going through. I said that you should pm PT your link as he does not give advice by pm. I can understand that PT must be very busy, but just trying to do anything that helps, and a few telling offs along the way is OK, I mean just look at LP and me

 

sorry if I did not make myself clearer, so lets get moving on what next to do which is more important.

[frettful38]

Hi cosalt in post 367 you seem to have everything you need? To be honest, I ain't got that much experience when it come to appeals as I was the claimant in my claim, however if you read the appeal form does it not give you a step by step guide on what to do.

 

Also if you submit too much it won't harm your case. If it was me then I would write on the N460 the judges reasons for not allowing the appeal, regardless of what the court says as this appeal is so important its best not to leave anything out.

 

best be safe than sorry, and your skeleton argument should be precise and to the point in chronological order.

 

Sorry I wish I could be of more help, but hang in there I am sure that I will be corrected if I am wrong.

Edited May 28, 2010 by frettful38

[frettful38]

Hope this is of some help cosalt,

 

Judicial Studies Board Website

 

5.7 Appeals

 

The procedure in relation to appeals is governed, principally, by Part 52 and its accompanying Practice Direction.

 

Paragraph 2A.1 of the Practice Direction to Part 52 provides that an appeal from a decision of a district judge in a case allocated to the small claims track is made to a circuit judge whilst that of a circuit judge is made to a High Court judge.

 

Rule 52.11 provides that an appeal may be allowed where the decision of the lower court was wrong or was unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

 

An appellant or respondent requires permission to appeal and an application for such permission may be made either to the lower court at the hearing at which the decision to be appealed was made or to the appeal court in an appeal notice. You should only give permission to appeal where you consider the appeal would have a real prospect of success or where there is some other compelling reason why the appeal should be heard.

The provisions as to permission to appeal are to be found in Rule 52.3.

 

The documents to be filed with the notice of appeal, where the appeal relates to a claim allocated to the small claims track, are set out in Paragraph 5.8A of the Practice Direction to Part 52.

 

At the conclusion of a small claims hearing, you should explain to the parties, particularly if they are unrepresented, the grounds for an appeal against your decision and the requirement for permission to appeal. Should either party apply for permission to appeal, you should record your decision and the reasons for allowing or refusing permission on Form N460.

 

Note, also, that Paragraph 8 of the Practice Direction to Part 27 provides that where the court dealt with the claim, to which the appellant is a party, under Rule 27.10 without a hearing or in his absence because he gave notice under Rule 27.9 requesting the court to decide the claim in his absence, the application for permission to appeal must be made to the appeal court.

 

Paragraph 8 also provides that where an appeal is allowed, the appeal court will, if possible, dispose of the case at the same time without referring the claim to the lower court or ordering a new hearing and that it may do so without hearing further evidence.

 

PRACTICE DIRECTION 52 – APPEALS - Ministry of Justice

[frettful38]

Problem is I dont know why he wont allow an appeal, there is no reason on the order and the court wont help me.

 

Presumably my skeleton argument only needs to say that he made the wrong decision because a faulty dn means and subsequent termination means they have unlawfully terminated and have no rights, then quote sections as vint has posted above as a back up.

 

Well cosalt I don't know if judges do give reasons for not allowing an appeal. In my own case the defendant was not allowed to appeal, yet he still filled an appeal and it went to a circuit judge and that appeal was not allowed either.

 

The reason why both appeals were not allowed was I was right and the defendant was wrong and there was no doubt about that at all.

 

Your situation is exactly the same but vica versa, you on the other hand are right and the claimant is wrong.

 

Was it worsteve who went through an appeal, I am not sure but he won his case too, I will try and find out. Just write down the truth as to what has happened, if the judge has not given his reasons and the court are acting like numpties then just say that [leave the numpty part out of course]

 

Sound OK or not?

[frettful38]

How much does the appeal cost?

[frettful38]

hi cosalt I have just been reading this thread and it may be of some help in the future, especially post 247

[frettful38]

hi frettful, should there be a link or something there ?

 

 

Oh bummer would help wouldn't it sorry here it is

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188503-being-taken-court-please-13.html

[frettful38]

Thanks frettful, yes that is very usefull, I have also subbed to the thread incase I can offer any help to it.

 

 

good good were all here to help each other and whoever gets to the winning line before us then hopefully can show and advise the rest of us how to,.

 

Hopefully by Monday you will have a much better picture on what to do and where to go. I must say that LA really has nailed this on the head, sometimes the answers are right in front of us but because were all confused and wound up logic doesn't enter our minds.

 

Happens to all of us, looking for the car keys all over the house and you've either left them in the door or worse in the car door:eek:,

 

Whatever you decide and how to do it, rest assured there are plenty of us on here to support and be there for you.

 

Good luck and LA looks like he's going to hit fame soon with the help and advice he's giving, great stuff LA, pleasure having you here:D 8-) ;-)

[frettful38]

hi cosalt, been reading this thread and is quite interesting, if for nothing else then just some general reading and info for the future. Read post 427 onwards or whichever way you prefer.

 

Good title to the thread, i think its about appeals

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-d-judge-made-wrong-22.html

[frettful38]

Unless of course you buy using Black Horse ( another problem of mine ) who provide finance using a fixed sum agreement (basically a bank loan)

but then place an HPI marker against the car saying it has outstanding finance. So no termination rights but you cant sell the car, best of both worlds for them no rights for you

 

 

Not neccessarily cosalt. its not a case of lenders having their cake and eating it anymore as many will and can use this poweful info to their advantage. Here you go more reading for you, over a cup of horlicks:D

 

Unfair Contract Terms | Consumer Information

[frettful38]

Bloody hell anyone read this, its in one of front page of the forums :eek: ,

 

The Courier: Taking you to the heart of Tayside and Fife

 

not trying to put you off cosalt, just that a car was mentioned and a loan and thought of you ,

[frettful38]

Welcome to UK 2010!!!!

 

Absolutely disgusting:mad:

 

is that 2010 BC?

 

:grin: