Backdoor CCJ for Shortfall of Car Finance from VWFS (Audi Financial Services) - Set Aside but lost later hearing - 2018 diesel scrappage scheme help needed - want to appeal

[Unknown2024]

Perfect, I will get this submitted this weekend then. Assuming I send to the same Court? Or to the Court of Appeal? Thank you

Edited May 25 by Unknown2024

[jk2054]

What court is your local county court?

[Unknown2024]

Yes it was Salisbury County Court, where I attended the hearing. And do I need to send a copy of the N164 to the Claimant? 

[jk2054]

No you send it to the court.

[Unknown2024]

Thanks for your answers that's really helpful 

[jk2054]

 

[email protected]

send it here.

post up a redacted copy of your N164 please so we can make sure its filled correctly.

[Unknown2024]

I will do, that Court is useless they are terrible at checking their emails and have been throughout the whole process but I will submit it within the deadline so at least I'm covered. 

Have you any thoughts on my chances of winning an appeal, based on what you've read of the situation?

It all really comes down to the way the definition of a deposit is interpreted but my basis of appeal is on the grounds that the judge has misinterpreted the CCA1974

[jk2054]

I'll be honest I'm not the right person to ask about that sorry.

I also don't want to advise on something I don't know and get it wrong.

[Unknown2024]

Sorry for the delay. Please see attached redacted N164 form ready to send to the Court. 

Please let me know if there are any errors. In particular please double check the grounds for appealing and am I correct in asking for a new hearing or should I be asking to set aside? 

n164-eng (1)_copy.pdf

[dx100uk]

On 18/05/2024 at 13:36, theoldrouge said:

Please post up the court bundle and the Audi Sar
You may have a case to appeal 
but if you appeal as a LIP you will surely fail 
Obtain a copy of R M Goode guide to the CCA1974

you need to do the above one mass file for the SAR

one mass files for their bundle

 

[jk2054]

section 4 tick yes - so they can't enforce whilst your appeal is being dealt with

also you should put 25 month year not in numbers 

ok after that it should be good.

You need to click it off and send it to the court today else you’ll be out of time

[Unknown2024]

Thank you, it's all ready to go and I will send this morning

Will also redact the court bundle and get it posted up later today

[jk2054]

I cant advise on the grounds, but as a rule of thumb id say include things about the law.

ordering a new hearing means the claim will go before a judge again

set aside would mean the order isnt enforced but then presumably it gets further directions or something I’m not 100% I’m going to loop in  @AndyOrch in case he knows.

However I would go with a new hearing if I was in your position since you lost completely.

Did you turn up to the final hearing?

[Unknown2024]

Just checking, it says I have to fill in section 7a if I tick yes to section 4. What am I supposed to write? 

I did turn up to the final hearing and fought it as best as I could but I was ruled against.

I've been told I may still have a case by an online lawyer I'm speaking to so he's pushing me to appeal

[jk2054]

Ok firstly, if you are using an online lawyer then you should stick with them and not use two different places.

I can advise you but with the amount of people on this forum that need help, those who use two methods often get conflicting information which makes helping harder.

I see your case was ruled over by a deputy, which gives me more confidence in appeal as I've seen deputies make some very shocking decisions in my time on this forum.

Its up to you but you'll need to decide if you want to stick with this forum or an online lawyer.

 

[Unknown2024]

Just awaiting an answer on section 7a please

[jk2054]

Hi,

 

 

For 7A I would just put something simple like

"It is the Defendant's position that the judge erred in law when reaching their decision, and the Defendant should not suffer any repercussions from a judgement that has been made based on an incorrect interpretation of the law.

In the same or in the alternate,

the court is asked to grant a stay of execution on the basis that the Defendant should not suffer the additional costs involved in enforcing a judgement nor the financial burden of having to satisfy a judgement that has

(a) been reached on the basis of an interpretation of the law that the Defendant submits is wrong and

(b) that may later be overturned.

In the same or in the alternate,

the court is asked to grant the same upon the court being satisfied that the appeal has a realistic prospect of success and therefore any proceeds obtained from the enforcement or otherwise satisfaction of the judgement would likely need to be returned.

The Defendant submits that they should not be deprived of their ability to appeal a case due to the financial burden of having to satisfy a judgement that has been reached following an error in the judge's interpretation of the law and contracts.

In the same or in the alternate,

the court is asked to grant the same in the interim to allow the appeal to be handled more effectively."

 

[Unknown2024]

That's brilliant thank you so much. I will add this in now and get it sent in today

Great news to hear that the Deputy Judge can often male these kind of mistakes, and the advice I have been receiving is all on legal seagulls and in public, similar to here so nothing to hide and no conflict of interest. The basis of my appeal comes down to the Judge basically acknowledging that my car was a part exchange but then he went on to disregard the CCA1974

Once I have the judgment transcript I will post up so that you can form an opinion on whether or not I have a chance to appeal, it is always good to get another opinion plus the retired lawyer who is advising me has not been active online for a few weeks and I'm at a point where I need direction with moving forward especially when it comes to compiling an appeal bundle etc

[jk2054]

yes yes get the appeal form in today.

send it by email

subject: Case Number - Claimant v Defendant - Defendant's Appeal Notice

[Unknown2024]

Do I also need to fill out Section 8 now that I've filled in section 7a? And what evidence would I be required to produce? 

[jk2054]

I mean there's not much evidence you can provide so not much you can put there.

Edited May 28 by jk2054

[Unknown2024]

Thanks you've been a star 

[jk2054]

your welcome.

 

when you send your email make sure that you include a method of payment.

 

alternatively drop a paper copy of the application (along wiht a copy for service on parties) to the court with a payment.

 

not deemed as served without being paid.

[Unknown2024]

Okay that's going to be a problem I will need to phone and pay in that case but they never answer the phone, I didn't realise there was a fee to send an appellant's notice do you know how much it is? 

I can't find a thing about the fee online, only £142 under EX50 - County Court small claims track appeal fee is that correct? 

The N164 doesn't state anything about attaching the correct fee though I thought it was free to request permission to appeal? 

[jk2054]

Appeals (fees order 2.2 to 2.3)

£142

 

No permission to appeal is most definitely not free. 

otherwise everyone who lost would just appeal.

 

appeals take circuit judges time and therefore cannot possibly be free.