PRA Group claim form - Barclaycard credit card

[Boro]

I have, not sure what im missing?

[dx100uk]

1 hour ago, Boro said:

Thanks Andy, I have typed up a letter to the court, should I include a copy of the letter to the court with the letter I send the claimant?

So am I ...what letter are you sending to the claimant and what letter are you sending to the court?

 

Dx

 

 

[Boro]

A letter notifying the court and the claimant that I will not be attending the hearing

[dx100uk]

eh? you send the SAME LETTER to the claimant and the court.

 

as andyorch says.

[Boro]

I haven't sent anything yet, I was basing my letter on this https://www.sparqa.com/content/late-payments-and-disputes/document/letter-of-nonattendance-for-small-claims-hearing/overview

 

that is worded and addressed to the court

I was going to edit the wording in the copy sent to the claimant and attach a copy of the one sent to the court

[dx100uk]

send not sent my typo...

 

you send the same letter to each. (with obv address changes only!)

 

the one to the claimant is simply informing them,  this letter has been CC'd to the court too.

 

 

 

 

 

[Boro]

My witness statement and documents reached the court and the claimant prior to the deadline

 

My notice of non attendance of the hearing reached the court and the claimant prior to the deadline

 

The hearing would have been a month ago now, I have now finally heard from the court which states:

 

It is adjudged that upon hearing counsel for the claimant it is ordered that judgement for the claimant in the sum of £5,499, the defendant shall also pay the claimants costs in the sum of £901, including court fees of £801.

 

The said sum, amounting in total to £6,400 are payable within 14 days

 

I'm really surprised to be honest since the claimant failed to produce a copy of the credit agreement, from the wording I wonder whether they even took account of my witness statement or documents.

 

Do I have grounds for having the judgement set aside?

[AndyOrch]

Its usually the out come I'm afraid when your not in attendance...you cant raise the points of your defence /statement....that said the outcome may have been the same even if you had.

 

You don't have grounds to set a side just because you are not happy with the outcome. With regards to payment you need to submit an N245 and offer an affordable monthly payment...even if its a little as £20.

[Boro]

Would the fact that the claimant has failed to produce a valid copy of the credit agreement in response to my cca request not be grounds for a set aside or appeal ?

 

 

[AndyOrch]

Well the judge didn't think so hence they got judgment...you cant set a side a judgment given by District Judge...you can appeal if there are grounds on a legal point or that a procedure was not followed correctly.

[Boro]

Thanks Andy

 

Do you think I stand a reasonable chance of appeal over the credit agreement?

[AndyOrch]

It's irrelevant what I think once a judge has determined, the question is do you wish to challenge a judge on his decision and further are you aware of the risks and cost and costs liability should it fail ? 

[Boro]

Thanks Andy, I was just trying to get an idea of my chances

 

Yes I do want to appeal, I presume when you say about the risks, cost and costs liability you are referring to the court fees to appeal which due to my circumstances should be waived? and that should I fail the claimants additional costs would be added, am I missing anything?

 

I have been doing some reading and I think I am right in saying that in order to appeal I need to submit an N164 to request permission to appeal and if permission is granted then submit an N164 & N460

 

The judgement was made by a deputy district judge, does that mean that the request for permission to appeal needs to be sent to a district judge in the county court or a higher court?

[AndyOrch]

Quote

I presume when you say about the risks, cost and costs liability you are referring to the court fees to appeal which due to my circumstances should be waived? and that should I fail the claimants' additional costs would be added, am I missing anything?

 

Court fees and the Claimants Costs in defending the appeal should you lose. You won't be exempt from their defence costs whatever your circumstances. 

[Boro]

Thanks Andy that's what I thought, are you able to help with my other two questions?

[AndyOrch]

Quote

I have been doing some reading and I think I am right in saying that in order to appeal I need to submit an N164 to request permission to appeal and if permission is granted then submit an N164 & N460 Correct

 

The judgement was made by a deputy district judge, does that mean that the request for permission to appeal needs to be sent to a district judge in the county court or a higher court?  District Judge

 

[Boro]

I have been trying to find the guidance notes for form N164 but have been unable to find any, does anyone have a link to them or better yet a layman's guide to the appeals process

 

Reading through the N164 form to request permission to appeal I have the following questions

 

1. It asks “on what date was the order(s) you are appealing made, is this the date of the hearing or the date of the N24 the court sent me notifying me of the judgement

 

2. In section 4 there is a number of tick boxed, I presume I tick yes to “Are you asking for a stay of execution of any judgement against you? (if granted this means that no further action will be taken on the judgement until your appeal has been dealt with) then complete section 7 A

 

3. In section 4 it also asks will you be lodging the appellant's notice with the court within 21 days of the date on which the judge made his decision? is this the date of the hearing or the date of the N24 the court sent me notifying me of the judgement as the hearing was over 21 days ago in which case do I tick no and complete section 7 B

 

4. Section 5 grounds for appeal, please state in numbered paragraphs, why you say that the judge who made the order you are appealing against was wrong

 

5. Section 6 What are you asking the court to do? Do I rick the box which says that I am asking the appeal court to set aside the order which I am appealing?

 

6. Section 7A, I apply for a stay of execution because:, what should I put here?

 

7. Section 7B Do I tick “I apply for an extension of time for filing my appeal notice because (set out the reasons for the delay. You must also set out in Section 8 what steps you have taken since the district judge's decision

 

8. Section 8 Evidence in support, In support of my application s in section 7, I with to rely upon the following evidence: what should I include here?