Robinson Way CCJ/CO Cap1 card debt - was unable to respond - now want to set aside **LOST** - appealed - **WON** Claim reset - **WON - Case dismissed**

[RobinWayRobinme]

Does make you wonder R&B if justice does really exist or whether its there just to control and keep us mere mortals in our place. Just got to keep fighting them and never give up. Agree with you, trial bundle is a bit of a pain, but if you can get hold of a copy of adobe acrobat you can build the TB as you go and repaginate automatically as you go. I found it invaluable.

Robin

[shakespeare62]

Do agree with you R&B, that the cost of making an application to appeal should be enough to cover a hearing enabling me to make my request for permission to appeal oraly.

 

If it's any help, I spoke yesterday to a person on the Appeals Section at My Court Office. they assured me that there is no further fee to pay, if you make an application for an oral hearing (following a refusal of permission to appeal without a hearing)

 

i.e. all you pay is the initial £120 when you first file Appeal Notice - Form N161 at the start of your appeal.

[RobinWayRobinme]

Thanx for that shakes. As R&B said earlier, it is a bit of a lottery who you are able to speak to in the court and it seems you have been lucky enough to speak to the right person. To make sure that I got my request in without any worry of my oral request for permission to appeal being chucked out, I included it in an application I was making to obtain permission to introduce fresh evidence to my appeal. Just waiting for my hearing date now.

 

Thanx again for checking this out.

Robin

[eatcake]

Hi RWR

 

I have tried to do a link but it didn't work,my thread is Summons from reastons claim form help please.

 

 

Thank you for any help

Eatcake

Edited November 19, 2009 by eatcake

[RobinWayRobinme]

Hi RWR

 

I have tried to do a link but it didn't work,my thread is Summons from reastons claim form help please.

 

 

Thank you for any help

Eatcake

 

Just visited your thread. Hope you find some helpful advice there.

Robin

[RobinWayRobinme]

Hi

Not been around that much as trying to get head together re appeal. I have my permission hearing this week and have a question I can't find answer to

 

When an admission is made and req for time to pay, if amount offered is not aceptable to claimant, is there a formula the court uses when determining the rate of payment? If yes, is it mandatory on claimant even if it may take many years to repay?

Robin

[AndyOrch]

Yes Robin its mandatory but have known the Claimants to to try to reject.

No special formula but based on I&E and existing debts and of course the amount of debt in question.

 

Regards

 

Andy

[RobinWayRobinme]

Thanks Andy.

Is there a requirement that the amount determined must be affordable to defendant? Reason asking, as part of appeal I believe I should be successful on set aside for irregular judgment. However, if unsuccessful with ground that I could successfully defend, I would not be able to apply for admission to be withdrawn and therefore back to determination of rate of payment. That being case can other side claim they are being prejudiced because the amount, which they wouldn't agree with, would take too long to repay debt.

 

Do you see where I'm coming from? just trying to cover all angles.

Robin

[RobinWayRobinme]

Hi All

Think my brain has gone into meltdown. Can anyone advise me where in CCA 1974, or otherwise, I can find legislation when creditor does not have the credit agreement and therefore making the debt unenforceable.

Thanks

Robin

[banker_rhymes_with]

Hello Robin!

 

Think my brain has gone into meltdown. Can anyone advise me where in CCA 1974, or otherwise, I can find legislation when creditor does not have the credit agreement and therefore making the debt unenforceable.

 

It doesn't really say that, as such, the task is to build up your case to show they have no hope.

 

For example, if your Agreement was made before The Consumer Credit Act 2006 came into force, and after 1985 when the 1974 Act acquired most of its teeth (before the 2006 extracted the sharp ones), then you are off to a good start.

 

Then, assuming your Agreement is governed by The Consumer Credit Act 1974, you need to follow the above link, and read up on s61, s65 and s127. When there, bone up on s87 and s88 as well, to see what steps they needed to follow when ending the Agreement (assuming they claim you were in default in some way).

 

The key section is s61(1)(a), i.e. the Prescribed Terms must be contained within the Agreement.

 

If they are not, then it is improperly executed and s65 kicks in.

 

That then passes you to s127, and s127(3) that precludes a Court from making an enforcement order if the box for s61(1)(a) is not ticked!

 

If the bank has no Agreement, then you have the full set, and you can rightly claim that it's unenforceable in the absence of anything to prove otherwise.

 

I hope that helps.

 

Cheers,

BRW

[RobinWayRobinme]

Many thanks BRW. Your reply is extremely helpful.

One of those self doubt moments on my part, but feel better now.

Robin

[RobinWayRobinme]

Hi all

Just a quick update. My permission to appeal hearing has been adjourned to early jan on grounds of personal reasons that court accepted. Also got the final charging order hearing adjourned until outcome of appeal.

 

All ready for Jan hearing and got everything clear now for Christmas.

 

Will give updates as and when other developments.

Robin

[lilly white]

may i take this oppertunity to wish you and your family the very very best for the season

 

the very best regards lilly

[RobinWayRobinme]

may i take this oppertunity to wish you and your family the very very best for the season

 

the very best regards lilly

Many thanx Lilly. If I can take the opportunity to wish you and everyone else on here, particularly CitizenB, Andyorch, R&B and all others that without your help I would not have had this beleife that I can fight for justice that we all deserve, a very Merry Christmas and a happy New Year.

 

Robin

[RobinWayRobinme]

Albeit a little late, Happy New Year to everyone.

GOOD NEWS I have just got back from this afternoons hearing and I have been given permission to appeal. But the icing on the cake is that the Circuit Judge clearly recognised that judgment was irregular and accepted that, as it was brought to attention of claimant sols (all 3 of them at various times) and that charging order was obtained based upon a judgment wrongly entered, included in his order to allow the appeal, set aside the charging order, even though the actual appeal not heard yet.

 

At long last, some justice being handed out.

 

Just going to have a hot drink now, but will certainly open a decent bottle of wine tonight.

 

Thanks for everyones support and once all has fully sunk in I will then focus on next stage knowing that when next in court for the substansive appeal, the judge has seen considerable merit in my argument and as a result has already set aside the charging order.

 

Robin

Edited January 5, 2010 by RobinWayRobinme
Didn't fully make sense before, Sorry

[cymruambyth]

Excellent news, congratulations on all your hard work succeeding.

I may be going down the appeal route so I'll certainly be studying your thread!

[RobinWayRobinme]

Excellent news, congratulations on all your hard work succeeding.

I may be going down the appeal route so I'll certainly be studying your thread!

Many thanx cymruambth. Still a little way to go but I'm absolutely delighted with the outcome today and, of course, if my experiences with this can be of any help, I be more than happy. Thats what this forum is all about.

[eatcake]

Well done Robin:)

Thats a good start to the new year well at last a step in the right direction and thanks for all the help you've given me over the last few months.

[RobinWayRobinme]

Thanks eatcake. I think everyone needs a bit of good news at times. Keeps me smiling. No probs with help given, I'll keep an eye on your thread and lets hope things go well for you.

[banker_rhymes_with]

Hello Robin!

 

GOOD NEWS I have just got back from this afternoons hearing and I have been given permission to appeal.

 

E-X-C-E-L-L-E-N-T

 

Cheers,

BRW

[RobinWayRobinme]

Thanks for your kind thoughts BRW. Brilliant start to the year:grin:

[lilly white]

Thanx Lilly

Your post has helped me to further understand the law. I wish the DJ today understood it also. My main concern at mo is how do I make an appeal and please continue with your help with it. I am still quite angry at what has happened as it is not justice. If I just had to deal with the claimants sols I don't think I would have had a problem, but I had the DJ against me as well:mad:. I may have had a glass or 2 of wine at mo, but I will take what ever action I need to get this put right. Your input certainly helps me pick up my spirits. THANK YOU.

 

may i say well done you have come a long way well done

[B3rty]

Nice one and encouragement to everyone thinking the courts are biased

[RobinWayRobinme]

Thanks Lilly & B3rty. As we all know its a bit of a lottery who you get. Fortunately I got a circuit judge who was prepared to be persuaded to move away from his initial common law views with remarks like "Well Mr RWRM you took the money from the Claimant, why do ytou think you shouldn't pay it back" (or similar words). It was refreshing to find a judge that having accepted that one of my grounds (judgment wrongly entered by default) must be set aside, took the initiative following very little pursuation, that the Charging Order be set aside and included it in the order.

 

Whilst it is the luck of the draw which judge you get, I am happy that I will have the same Judge for the appeal itself as it would appear that having made an order to set aside the charging order, it would make it very difficult for him not to set aside the judgment at appeal.

[citizenB]

Hello Robin!

 

GOOD NEWS I have just got back from this afternoons hearing and I have been given permission to appeal.

 

E-X-C-E-L-L-E-N-T

 

Cheers,

BRW

 

Yes, I am so pleased for you. You worked hard on this and it has paid off.