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    • Paint is a free programme on any Windows PC. But don't worry, the choice here is not either perfection or nothing. As you say, use your scanner, save the file ... and then use the "choose files" option when you post to CAG to add the file. We can do all the redacting and converting to the correct file type at this end.  The important thing is just to get the info to us. Why not do an experiment this afternoon and see if the above works?  
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    • thought for the day "Prime ministers need a big strategy that tells you where you’re going, you need a bunch of tactics that get you there, and you need the ability to take everybody else with you."   Now I know you are all thinking 'why is the  UKs destination Rwanda ???
    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Case transcript?


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Hi not sure what section to post this one in but we urgently need advice.

My son is appealing a final hearing in a custody case He has paid all his own solicitors fees up until now. As well as maintenance payments so he just has no money left for further legal assistance hence he is having to do this appeal on his own

 

He has been granted leave to appeal However the order stated he needed to supply to the court a full transcript of the hearing there is no way he can afford this. What can he do? Can the transcript be given on a disk ? Does it have to be typed. Is there a family law section on this site where we can go for advice or are there any solicitors out there who can advice him. I hope there is someone who can help

Thanks for reading

Luby

Pen

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Luby, I've never had dealings with the family courts but have general experience of the justice system.A transcript must be prepared by a court-approved transcriber. It is hard-copy transcribed from the CD of a hearing.If you can't afford a transcript (they can be expensive) the judge can, at his/her discretion, let you have it at the court's expense. You would need to contact the court and ask.Are you sure it is the transcript of the hearing that is required rather than just the judgment. The judgment would be much shorter (and therefore cheaper).

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Would you not qualify for assistance if on low income ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160A-Court-Fees-are-you-exempt.-**Correct-as-at-Feb-2015**

 

Alternatively why would it be necessary and is it imperative to proceeding your case?

 

Does this help, luby ?

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Hi legalistic

Yes it definitely helps and yes it has to be the whole hearing which lasted 8 hours. The court requested 3 things in his order

1) completed appeal form

2 ) case transcript by a court approve transcriber

3) appeal bungle

We had completed a appeal form and a skeleton argument already so what we really are stuck on is the transcript there is no way we can afford this after paying court costs for custordy. That took all our savings plus other members of the families savings

We are also stuck on case law for the appeal in that we don't know where to find it and what to look for

But it's worth a try asking the courts if we can just have a hard copy

You have been a great help

Luby

Pen

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Please do let us know how you get on :)

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

1: How can BCOBS protect you from your Banks unfair treatment

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

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It's the transcript of the final hearing they are requesting. If they will not let us have it free what are our options then? There must be something for people who cannot afford legal services now that legal aid has gone

Pen

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luby, I am doubtful that it is the transcript of the actual hearing that is required. An appeal is always against the JUDGMENT of the lower court. Only in rare cases is a transcript of the entire hearing required, although sometimes a transcript of evidence might be needed. Eight hours worth of transcript would cost at least £3k I would think, whereas a judgment is only a few hundred pounds.Take a look at the Ex 107 Tape Transcription Request Form and the options given there:http://www.johnlarking.co.uk/ex107.pdfThere is no automatic free transcript. It is completely different from the remission of court fees. A free transcript can only be ordered by a judge at his or her discretion. It of course helps though if you give the judge some evidence of impecunity, low income etc. You don't use the Ex107 form in requesting a transcript at the court's expense. You just write a begging letter!

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