Jump to content
RobinWayRobinme

Trying to set aside judgement - Round 2: Case dismissed

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3361 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I dont know the answer to your question, Robin. Have hit the SOS button in order to find someone who does. :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Thanx Citizenb.

Just had a few days break to renew some brain cells.

My thoughts on this is that I just need to do a letter as the order says "The Defendant may apply to review his request if he gives notice within 7 days of receipt of the Order"

Robin

Share this post


Link to post
Share on other sites

Quick bump on my post below.

 

In view of postal probs I phoned court today and found that CJ has turned down permision to appeal without a hearing :( so I have 7 days to request a hearing to seek permission to appeal. Can anyone help in advising me how this should be done. ie just a letter requesting it or should I make a formal application on N244?

Robin

Share this post


Link to post
Share on other sites

I havent had any response to the SOS, Robin:(


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

hi robin,

can the court office not help with this? it is after all procedure and not legal advice. i dont see why u should have to pay a further fee (N244) myself but have to check i suppose.

Share this post


Link to post
Share on other sites

Tried the court office first, but they were so vague and it came across that they were guessing that I should make an application on N244 plus £75 fee. Got a bit upset when they told me this :mad:, then reminded them that they already owe me £80. They tried to say that it would all be dealt with eventually. 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.

Guess this is just another one of those occassions where they know that as LiP we are learning as we go along, so lets just frustrate their rights for justice. Off my soapbox now :)

 

Hows your SA going R&B?

Robin

Share this post


Link to post
Share on other sites

thanks to your help with the appeal process, im onto the Skelly robin...thats the easy bit ...gettin all the docs in the correct format, as u know, is the diff bit of all this appeal rubbish....unless of course the bloody court office are as evasive as the opposition lawyers!!!!

the more you get to know the workings of this stuff...the more you realise just what a lottery it all is...fine if you re being paid by the hour...not so good if its for yourself. been a real eye opener to someone like myself who had the establishment is always right drummed into them....now its been summarily drummed out im afraid:rolleyes:

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
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.


Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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 by eatcake

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

Many thanks BRW. Your reply is extremely helpful.

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

Robin

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

 

the very best regards lilly


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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 :D

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

Share this post


Link to post
Share on other sites

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!

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...