Lurker1 v Capital One

[lurker1]

Hi ukaviator - sorry not taken offence to anything, I am greatful for any advice, I honestly thought I had things well prepared - obviously im a bit dim - and the prozac days were long ago, they just sent me into a zombie state so i ditched them - not happy days!!

[ukaviator]

Hi Lurker1

 

Glad i have'nt offended you. Glad you ditched the wretched things. I don't think you can salvage much from your existing claim and it maybe time to let it go and do a new one. Just my opinion, it's up to you. Maybe others here can help on the CCJ side, however i will read up on that. May i ask what is your total claim?..

 

Uk. .

[lurker1]

Its just over £1000 in charges, the CCJ was for £400.

 

So I can just start again and apply for a new set aside can I?? -the fact I screwed the last one wont matter??

[BankFodder]

No - you can't start again. You have to appeal and you must do it before 4.00 tomorrow as you have said that you have until tomorrow.

 

Fill in the form or wirte a letter - cleaely headed "Appeal" and saying that you wish to appeal against the order of judge XXXX dated XXX.2006 on the grounds

1.

2.

3.

 

 

Best to filli n the form.

 

take it to the court.

Pay the fee and get a receipt for the appeal form/letter

[lurker1]

Many thanks Bankfodder I will do just that, thanks for the advice, I have ordered some books and will read up everything I can find so I am not such an idiot next time!

[lurker1]

Ok to update, I received a letter from one of the Judges asking for me to get a transcript of the hearing and send it in, I have been trying to get the transcript for the court - the court in the end said they have lost the transcript.

So I wrote several letters to the Judge stating this and stating everything that Bankfodder etc told me to, I read up and stated that although I agreed with the amount at the time I now only agree with none of the amount and that I had a very good chance of winning the case if it was reheard etc etc and after several months I received the following letter:

 

*****************************************************

 

Date: 21 May 2007

 

Before Judge *** sitting at blah blah blah.

 

Upon reading the comments of District Judge *** (copy enclosed) and the application for permission to appeal, the application to set aside the judgement and the documents referred to

 

IT IS ORDERED THAT

 

Permission to appeal is refused on the grounds that their is no real prospect of success.

 

There has to be finality in legal proceedings, and it is not possible to re-open the matter in light of the OFT report. In any event the OFT views are not accepted by Banks and are not binding on the court. It would not be in the interests of justice to permit this matter to be re-opened.

 

The court has made this order without a hearing. If you object to the order, you may make a request, within 7 days of receiving it, to have it reconsidered at a hearing. Any such request must be made in writing.

Dated 11 May 2007

 

*****************************************************

 

Now I have a few issues with this firstly, I used the OFT report as the basis to why I hadnt applied for the set aside earlier.

Second I only recieved this today, seven days after the date at the top of the letter would be Monday (bank holiday)can I take a letter asking for the appeal to be heard at an hearing on Tuesday or am I screwed already.

Third they didnt enclose the comments of the first Judge as it states in this order.

 

Please help what should I do next, this CCJ could really hinder my life, around half the work I can do needs to have security clearance which I cant get when I have a CCJ.

would a hearing be a good idea if I can apply for it??

Could it lead to big costs for me??

Could I sue Capital one for defamation along with my charges case against them and have them agree to set the CCJ aside as part of that - or could this not be done now even if they agree to have it set aside?

 

Please any advice that can be given would very gratefully received!!

[lurker1]

Bump up, please help

[lurker1]

Anyone - please??

[caro]

OK, well I'm really puzzled.

 

It's quite difficult to get a set aside if you defended the original claim. If you didn't then all you should need to do is to demonstrate that you have a reasonable argument that the judgement shouldn't have been awarded if you had submitted a defence.

 

I'm not sure where you can go from here. I would think about claiming the charges back as a first step and then either as part of that process or subsequently applying for the judgement to be set aside. I know the judge said you couldn't do that but I would make a normal claim for a refund of charges and then submit an application (N244) for a set aside after the other side has filed their defence. I can't see how a judge could refuse to deal with it. You may find that the bank agree to the set aside when they settle anyway.

 

Not sure if it's too late now, or if you have claimed your charges, but I would have thought that this advice that you received some months back is still your best bet.

[lurker1]

dont think I can apply for a set aside for a second time though.

[lurker1]

* no I didnt defend it either

[caro]

Is there anything preventing you from following the step by step instructions to claim your charges? Once the charges are an issue, you will surely have a better case to apply for a set aside, or at least try.

[lurker1]

I was following what I had read others on the forum say to go for the set aside first and then once you have that go for the charges seperately.

As I understand it I can only apply for the set aside once, so I need to know really now if I can continue or if I am already sunk.

 

I will be going for the charges back, although I could do with the cash back my biggest problem is the CCJ.

[lurker1]

Help Please Someone

[lurker1]

On my knees pleading now

[lurker1]

Please can someone give advice as I need to apply tomorrow if it isnt to late to have the appeal heard at an hearing.

[doo]

lurker1, it seems no-one seems to be able to help you at the moment and I am afraid I am not sure, have you tried in the legalities forum? maybe post something up there tonight.

[lurker1]

thanks will do

[lurker1]

Went today to hand in letter requesting a hearing and the court was closed until tomorrow!!

[doo]

Closed, what was that all about? Oh well, there's always tomorrow.