Set Aside Judgement I Lost

[judi3]

:-|

i applied to have my partners credit card judgement in 2005 which had unlawful charges ,set aside the hearing was in jan and lloyds failed to show but faxed for an ajornment till march i was advised by the court to set out terms why and replied with the court bundle ,

 

We adviced that we had not entered a judgement earlier as it has we only become recently aware of the unlawfull charges .

 

LLOYDS replied that under no admission of acknowledgement liabilty blah blah they would reduce the judgement by the charges but contested the time scale of the judgement ,

 

Judge agreed that the judgement to set aside was not " prompt " and could not accept the set aside request ,

 

i got the ammount reduced by £135 but the judgement stays

[Perseus]

Forgive my ignorance here, and maybe this will bump the thread for others to comment, but can you not appeal against the judgement?

 

Just a thought.

 

Perseus

[judi3]

I asked the judge if he could specify the term "prompt",

he replied from what i remember

"looking through threads to request in writing the episode "

 

He stated that it is not a specified amount of term for example if someone had been in hospital for a number of weeks and when out of recover made an application that would be prompt .

iggnorance (in not knowing about the charges) was insufficiant to set aside the order .

 

ALSO

with the brief from lloyds say next to me the judge was aware of the claim for charges i made against them and requested information i adviced that i had settled with a without predudice letter and confidentiality ,he told us that he requested details of the settlement , i told him (is this a crime?) he replied have you spent it ,i replied that all this had amounted from starting a biz having the opertunity to expand with a government contract and having 3 kids which the lloyds were aware off and that the balance was used to cover a loan that we were ill adviced in taking out.

[The Capitulator]

Judi

You can appeal against a decision of a district judge by I think don't quote me yet) asking for the circuit judge to review the case if he/she then thinks it has merit they can order a rehearing. It is in the small claims procedure book by Patricia Pearl (see books on left) if you PM me I will look it up and send you the actual section.

 

regards

 

TC

[BankFodder]

I would suggest that you now bring a complaint to the Ombudsman. I don't often suggest this but it seems appropriate in this case.

You will need a "final response" from Lloyds.

 

You could also think about bringing a claim for charges and then set it off against the judgment figure.

[paulwlton]

I would suggest that you now bring a complaint to the Ombudsman. I don't often suggest this but it seems appropriate in this case.

You will need a "final response" from Lloyds.

 

You could also think about bringing a claim for charges and then set it off against the judgment figure.

 

 

I attended a hearing yesterday against Lloyds to set-aside a court order registered in 2000, the reason, charges were applied to the account in 1998.

 

I argued my case and the judge agreed to the set-aside.

 

Paul

[Perseus]

Surely thats good news Paul?

Are there any further charges to reclaim now or is this case finished?

 

Well done!

P

[thereshope!]

Well done paul thats has given me the push I needed !

 

I read with interest on your thread comments made by laiste,and tbh ,I did have my doubts !

 

I'm going to pm you if you dont mind, for purely selfish reasons lol !

 

Sorry o/p for hijacking your thread and sorry to hear you lost:mad:

 

Hope xx

[judi3]

Thank you for your advice on what grounds would my appeal be any different than what i tried before .

[judi3]

I thought you might be interested in reading this web page:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=76059&referrerid=31310

[The Capitulator]

Hi Judi3

Your appeal would be based on the fact that the District judge made an error, the circuit judge would decide if there was any merit and if so would order a rehearing. There is research to do but it may be worth your while. just my opinion but I am sure a mod will advise better. look up the CPR rules and good luck

regards

 

TC

[judi3]

any template letters applicable for appeal please

[judi3]

************bump **********

[judi3]

de bump xxxxxxxxx

[Perseus]

Hi judi

 

I'm sorry you haven't had a reply yet, it's not something I'm very familiar with myself. I found a link which has some info, and I'll try to get a mod/helper to take a look at your thread.

Info about - Court of appeal civil division - questions and answers

 

All the best

Pers

[Perseus]

I've just pm'd a couple of moderators, hopefully you will get someone to look and advise soon when they're on-line.

 

Pers

[judi3]

thank you

 

i was excempt from fees to lodge the hearing so i should be exempt from appeal

 

any advice inwhat to include the skeleton argument

should the new refferences to whistleblower be included ?

 

A skeleton argument contains the main points which you want to argue. It enables the court to understand your case before the hearing

[gizmo111]

As the bank has agreed to reduce the judgement by the amount of charges and repaid the charges then I don't see what grounds you have for appeal. You are potentially i ndanger of having the judgement set aside and then re registered at a later hearing with the new date and the 6 years starting from there. How much is the judgement?

[judi3]

i had thought off that

originally 3k but with the payments now prop 1700 we considered paying it off before next judgement .

sent sars off cant get a balance figure since original judgement and no signed agreement received yet (requested aug 06 )

[gizmo111]

I honestly cannot see what grounds you have for appealing - the charges were a tiny proportion of the debt. What signed agreeemtn do you refer to?