Lowell Backdoor CCJ for old Sky Debt..***Claim Discontinued***

[Cosmicdancer]

That is brilliant news and exactly the hope i needed . Thank you so much dx! 

[Cosmicdancer]

Set aside declined. Judge said my cancellation letter wasn’t sufficient enough to prove I had cancelled the TV aswell as the broadband Etc. Also got to pay £160 costs for that suit on the other end of the phone for turning up. Livid.

[Cosmicdancer]

Is there an appeals process I can follow?

 

I’ve been back on my SAR from sky and the representative has clearly stated that the TV was restricted so there was nothing to cancel.

 

It’s only when my ex has started paying it that is was activated again. 

 

The judge was quite obnoxious and accepted a fiction/fantasy story from the claimants that I had “forgot” to cancel the TV aswell as my broadband and phone. How they can make such an assumption and a judge believed it is beyond my comprehension

[Cosmicdancer]

Anybody? Thanks 

[AndyOrch]

What's the question ?  

[Cosmicdancer]

I was asking about the appeals process , filling in the appalent form and seeing what grounds I could use to file for an appeal . Thanks 

[AndyOrch]

I really wouldn't bother to be honest...you will need deep pockets and chance of success I would rate at less than 1%.

[Cosmicdancer]

I’d be looking to claim my costs back from the claimants solicitor , this debt is not owed and I was given the wrong verdict.

[Cosmicdancer]

Update:

 

Filed an appellant’s notice 3x copies to the court asking for permission to appeal. 
 

The grounds I used were the judge made a hasty decision trying to save costs rather than giving me a fair hearing .

 

Also stated the fact the decision was made from a completely false scenario presented from the claimants solicitor . Namely me “forgetting to cancel the tv part of my account”. 
 

Thanks guys 

[Cosmicdancer]

Update: Appalent’s notice sent off (x3) aswell as the notice served to claimant. It has been now been transferred to a different court. 

[Cosmicdancer]

Update: attended hearing in person to gain permission to appeal.

 

Outcome: Permission to appeal granted , claimants solicitor was a no show so permission to add further evidence granted. 
 

Bigger news: Default judgement set aside. Have to file a defence by 14th October.  Hooray!!

 

I will contact my local court and find out how I can submit my defence.

 

does this mean the judgment will be automatically removed ?

 

Or do I need to contact the court that awarded the default judgement?

 

Thank you everybody for your help!

 

Edit: by to my typo before defence.. 

[dx100uk]

the set aside will roll everything back to as if you'd just received the claimform.

 

well done.

 

dx

 

[Cosmicdancer]

Well.. I filed my defence by the deadline and today I wake up to a letter saying if I don’t return an N180 directions questionnaire by the 15th December my defence will be struck out and the Claimant shall be at liberty to request judgement..

 

So considering today is the 16th December and it’s landed on my doorstep a day after the deadline am I in trouble? 
 

Also… the claimant keeps emailing me asking for the evidence.

 

I responded by saying if they met me at my appeal meeting in Preston which cost me a lot of money to get there etc they would of seen it..

 

I also mentioned that isn’t the evidence plainly obvious if a judge has granted an appeal and set a judgement aside? 
 

So now I ask.. what cause of action should I take?
 

I’m going to call the court once I receive a response on here.

 

I honestly thought this was over and dealt with.

 

Do I have grounds to apply for a counterclaim?

 

The photocopying & transport has left me out of pocket and considering they wanted to charge me £180 costs in my first hearing.
 

Thanks

[dx100uk]

Get the n180 done and email it then 

 

Dx

[Cosmicdancer]

I will do that this evening ..

 

is there any kind of format I can look at as an example to fill it in? 

[FTMDave]

The N180 is just a short document.  Choose your local court.  Tell them when you might be away and thus unable to attend court, etc.

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

[dx100uk]

you cant counterclaim? 

for what?

 

but you can request your costs but thats for later.

what did the judge say regarding your set aside costs when he granted the set aside. they usually state something

 

 

[Cosmicdancer]

Thank you for the quick responses.. 

 

I thought counterclaim meant claiming the costs back.. 

 

I was only given a date to file my defence by which I did and the judge mentioned I didn’t need to send my evidence in i’m assuming because the copy he had was sufficent.. 

 

The claimant keeps emailing me asking for the proof yet I’m reluctant to send it to them directly because they didn’t bother to turn up and see me in the appeal court. 

[dx100uk]

but the claimant would not have a copy as you've never sent one to them ever since day one?

 

dx

 

[Cosmicdancer]

Oh right ok.. I will send them a copy over via email but is there still a way to claim my costs back? 

[dx100uk]

you can put in a costs letter along with your witness statement.

i will guess this 'appeal' and allowance by the judge has done what i said earlier as the claim appears to have been reset to as if you'd just received the original claimform...not sure but looks like it to me.

 

what defence did you file?

 

 

[Cosmicdancer]

ok great.. i have emailed the form off.

 

I actually forgot to ask the judge at the appeal court about my costs it totally slipped my mind i was anxious in there and very forgetful.

 

The defence i filed was just re emphasising the fact that i cancelled my account on the set date & i had more evidence to back it up.  82 pages of comms notes narrowed down to 4 or 5 pages.

[dx100uk]

we will need to see it.

cant ever hope to help format a witness statement without it for you.

[Cosmicdancer]

is it possible to private message you the pdf files i used? It contains sensitive information and it could prove vital to your viewpoint if the sensitive information was blocked out.. i filed the defence via post on paper quite a while ago so i don't have the exact words i used sorry