Agreement Illegible

[alsodada]

Hi, I will be pleased for comments on a matter that has gone against me at the County Court as I am thinking of appealing the judgement.

The claimant's witness statement was signed by a person different from the person whose name is on the statement. The claimant was not in court but the District Judge accepted this.

The claimant did not exhibit the default notice, The judge did not consider this relevant.

The copy of the agreement exhibited was illegible. The judge found that it was reasonable to assume that the terms required under the CCA were contained notwithstanding its illegibility.

Comments most welcome. Thanks

[havinastella]

When was the agreement signed?

[alsodada]

Thanks. May 02

[Ganymede]

Hi, I will be pleased for comments on a matter that has gone against me at the County Court as I am thinking of appealing the judgement.

The claimant's witness statement was signed by a person different from the person whose name is on the statement. The claimant was not in court but the District Judge accepted this.

The claimant did not exhibit the default notice, The judge did not consider this relevant.

The copy of the agreement exhibited was illegible. The judge found that it was reasonable to assume that the terms required under the CCA were contained notwithstanding its illegibility.

Comments most welcome. Thanks

 

When was your hearing date?

 

Did you ask the Judge for permission to appeal?

[alsodada]

Thanks. The hearing was on 18/9. I asked for leave to appeal. Refused by District Judge.

[havinastella]

Unfortunately, this is the Judge lottery.

 

How much roughly was the judgement for? It will be costly to overturn.

[shamrocker]

It's really not much use going in with the approach of simply stating that the agreement is illegible and therefore is improperly executed. You need to build up a solid case behind this view which qualifies your position (using case law). I got caught like this and was pretty much walked over. It was a valuable lesson but unfortunately too late for me, which sadly seems to be the case for you too.

[alsodada]

Thanks Havinastella and shamrocker. Your comments most appreciated. The judgement was for about 5k. I was also surprised when the judge accepted the claimant's witness statement even though the person who signed it is different from the person who deposed to it. Starts with "I Jim Smith" and is signed by Deirdre Jones.

[AndyOrch]

It does not necessarily have to be signed by the person that drafted the deposition.It can be part of the litigation team.

 

https://www.justice.gov.uk/pre-trash-archive/civ-proc-rules-old/_old/pd_part22

 

PD 3.1

 

Andy

[alsodada]

Thanks Andy. Most obliged