un1boy - N1 issued for breach of CCA request

[dad]

Uni,

 

On the other hand, the judge has still not decided the matter so in the worst case scenario you pay £350 ish and the transcript does not have to be submitted until 19 May. It will be a few weeks from then until the judge considers it and even if he refuses permission you have time to apply for an oral hearing. That would not be listed until about a further six to eight weeks have passed.

 

So the worst outcome is that the other side will not see any money until sometime in August.

 

On the other hand you only have to succeed on one of your grounds of appeal to win.

 

Dad

[banker_rhymes_with]

So the worst outcome is that the other side will not see any money until sometime in August.

I also think if you experience any genuine delays in getting the Transcript, I would think you can ask for more time.

 

The Court has to locate the Tape for a start, and they are not always that fast at doing that...then you have to find an Approved Transcriber, or several, and get a range of Prices to secure the best rate, then you have to chose one, submit the EX107 to the Court to get them to send the Tape to your chosen Transcriber, then wait for the Transcriber to get the Tape, and then wait for them to fit your work in around their existing tasks. If the Tape quality is poop, as it can be, especially in cases where the banks want poor quality (), this will slow down the Transcriber as they have to stop/rewind/start the Tape more often than usual.

 

Four weeks can shoot past in no time.

 

But, as Dad has pointed out, drag this out if you can and, at worst, it will delay any Payment you will need to make to the enemy. They'd do the same to you if given the opportunity.

 

Cheers,

BRW

[un1boy]

Uni,

 

On the other hand, the judge has still not decided the matter so in the worst case scenario you pay £350 ish and the transcript does not have to be submitted until 19 May. It will be a few weeks from then until the judge considers it and even if he refuses permission you have time to apply for an oral hearing. That would not be listed until about a further six to eight weeks have passed.

 

So the worst outcome is that the other side will not see any money until sometime in August.

 

On the other hand you only have to succeed on one of your grounds of appeal to win.

 

Dad

 

Thanks Dad.

 

To be honest, I actually think this may work in my favour - I was happy jsut appealing on the grounds that she mis-interpreted, but there is going to be no way he can defend her [the original judge] or the way she conducted the hearing. I have even explained what happened to a couple of people I know who have law degrees or are solicitors and they said they can't believe she treated me like that.

 

EG:

 

1. She hadn't read any of the documents submitted by either party

2. She had to let us go for 45 mins at the begininng to read our docs and also to listen to 2 telephone hearings

3. She based her judgement on something that the bank's solicitor said he "had only thought of on the train up here"

4. She allowed them to enter documents before the hearing, but wouldn't let enter a new authority

5. She based her judgement on a balance of proabably and a matter of fact that ther prescribed terms would have been in the t&c's. Despite the bank's sol saying that they didn't have the t&c's and couldn't confirm if the prescribed would have been in it (so how is it a matter of fact that the prescribed terms were in them?)

6. She was aware that the other side only served their skeleton arguments on me the evening before the trial so I had no time to prepare my defence - she knew that because they also only served the arguments to the court on the morning of the trial.

 

There was loads more....

 

So, it would be interesting to see how he can actually defend her.

 

On the other hand you only have to succeed on one of your grounds of appeal to win.

 

I take it you mean to win my appeal and go to new hearing, not actually win my case?

[un1boy]

I also think if you experience any genuine delays in getting the Transcript, I would think you can ask for more time.

 

The Court has to locate the Tape for a start, and they are not always that fast at doing that...then you have to find an Approved Transcriber, or several, and get a range of Prices to secure the best rate, then you have to chose one, submit the EX107 to the Court to get them to send the Tape to your chosen Transcriber, then wait for the Transcriber to get the Tape, and then wait for them to fit your work in around their existing tasks. If the Tape quality is poop, as it can be, especially in cases where the banks want poor quality (), this will slow down the Transcriber as they have to stop/rewind/start the Tape more often than usual.

 

Four weeks can shoot past in no time.

 

But, as Dad has pointed out, drag this out if you can and, at worst, it will delay any Payment you will need to make to the enemy. They'd do the same to you if given the opportunity.

 

Cheers,

BRW

 

To be honest, I have already got a transcriber aand sent the relevant form to the court today. They have already had the tapes because I had to get a transcript of the bloody judgement.

 

The transcriber has confirmed that she is going away on 10th May but has promised to get it done before then, so that should be ok.

 

We will just have to wait and see what happens, I guess?

[un1boy]

So the worst outcome is that the other side will not see any money until sometime in August.

 

But they shouldn't be seeing any money at all - the agreement has no prescribed terms whatsoever!

[un1boy]

Just been told if the hearing weas 3 hours that it's gonna cost me £500....lucky I've just bene given a £500 overdraft, eh?

 

Jeez....

[un1boy]

I have called the court today and they are sending the tapes to the transcriber today, so I should know in the next feew days how much it will be.

 

I'll let you know.

[millymollymoo]

Wishing you lots of good vibes

 

Milly XX

[un1boy]

OK, the transcriber got the CD today...

 

She has checked the length of the hearing and in total it's around 3 hours - so it's going to cost me about £500 minimum.

 

She said that it starts for about 14 mins, then is adjourned for about 45 mins, then goes on an hour or so, then breaks for lunch, then it's the judgment.

 

I didn't realise it, but she recorded the first 14 mins, which I think was where she confirmed that she hadn't actually read any documents and also had 2 telephone hearings to finish.

 

This is what I mention in my appeal pack about her breaching the Civil Bench Book guidleines, so the new judge won;t be able to defend that, will he? Even if I said it was ok to give her time?

 

Also, the transcriber wants to know what to do.

 

I will get her to do the whole thing - although, can I not get the judgement done because it has aready been done, or should I ask her for that too?

 

The order says that a transcript of the full hearing is needed in addition to the judgemnt already obtained, so I am not sure.

 

Any ideas what could potentially happen now?

[un1boy]

Wishing you lots of good vibes

 

Milly XX

 

Thanks Mill, I certainly need it..............x

[patrickq1]

yes best of luck mate keep going you will win this and you should be awarded full cost plus compo....when its all over lets hope someone get hauled over the coals ...

[banker_rhymes_with]

Hello Un1boy!

 

You can only have one Judgment, because the Judge has to approve that.

 

So, even if the Transcriber wanted to, she can't re-do the Judgment. All she can now do is the bits either side of that...i.e. the main Hearing, plus anything else!

 

There cannot be two copies of the Judgment in circulation, no doubt because it could show where the Judge has made amendments to make the Judgment more suitable/polished than it was on the day! Wink, Wink. Nothing you can do about that now.

 

If you have not already got the Judgment, you should be able to get that at reduced cost from who ever transcribed that.

 

Hope this helps.

 

Cheers,

BRW

[un1boy]

Hello Un1boy!

 

You can only have one Judgment, because the Judge has to approve that.

 

So, even if the Transcriber wanted to, she can't re-do the Judgment. All she can now do is the bits either side of that...i.e. the main Hearing, plus anything else!

 

There cannot be two copies of the Judgment in circulation, no doubt because it could show where the Judge has made amendments to make the Judgment more suitable/polished than it was on the day! Wink, Wink. Nothing you can do about that now.

 

If you have not already got the Judgment, you should be able to get that at reduced cost from who ever transcribed that.

 

Hope this helps.

 

Cheers,

BRW

 

Cheers Banker. Already got the judgement so I told her not to do it.

[un1boy]

I knew these claims would get stayed!!

 

I jsut read on the news that the judges are considering staying these types of claims and sending a few to the commercial for a test case hearing - just like bank charges.

 

Sorry to swear by I Effing knew this would happen!!! Grrr....

 

How can it happen anyway - there have been judgments in the House of Lords.

[car2403]

I knew these claims would get stayed!!

 

I jsut read on the news that the judges are considering staying these types of claims and sending a few to the commercial for a test case hearing - just like bank charges.

 

Sorry to swear by I Effing knew this would happen!!! Grrr....

 

How can it happen anyway - there have been judgments in the House of Lords.

 

Whatever happens should this go ahead, Un1, it will probably end up back there again - I can just imagine what the Law Lords will think when they see this coming back to their door.

[Docman]

I knew these claims would get stayed!!

 

I jsut read on the news that the judges are considering staying these types of claims and sending a few to the commercial for a test case hearing - just like bank charges.

 

Sorry to swear by I Effing knew this would happen!!! Grrr....

 

How can it happen anyway - there have been judgments in the House of Lords.

 

 

Hi everyone,

 

I've been away for a few days and it looks like I've missed something. Can anyone explain this comment? What kind of cases are being referrred to the Commercial Court?

[car2403]

Hi everyone,

 

I've been away for a few days and it looks like I've missed something. Can anyone explain this comment? What kind of cases are being referrred to the Commercial Court?

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/198059-unenforceability-cases-hold-until.html

[pt2537]

I find this real amusing,

 

the claims management industry is panicking about a civil circuit judge suggesting that it may be appropriate to hold a series of test cases, now it seems t his panic has transferred to here

 

the facts are that there is NO stay at this time. this matter will not be decided until at least the end of next month. i have spoken to the court manager at Chester High Court on this topic and we have been invited to make representations to the judge and we have done so, primarily on the issue of Consumer protection from enforcement on challenged agreements

 

this has all kicked off because of the Walker case, this district judge who heard the case got it horribly wrong, this lead to the appeal being before HHJ Halbert, he realised the issues and if you read the judgment, he seems very consumer friendly

 

so please guys, dont believe all the cr@p you read on here about dooooom and glooom cos it aint

[un1boy]

Thanks guys!!

 

Hopefully it won't get stayed then, that is all I need!!

[pt2537]

Thanks guys!!

 

Hopefully it won't get stayed then, that is all I need!!

i would suggest , that as you are appealing matters already tried, you will not be subject to the stay

[un1boy]

Ok, thanks PT!!

[Docman]

I don't know. I go abroad for a couple of days and it seems all he!! breaks out. Of course, as the hours have passed, the inital panic has subsided and normality has returned.

 

Thanks guys.

[un1boy]

The transcript has been sent to the court - my credit card bill is now £325 higher and I am just waiting for the Judge's directions.

 

The first paragraph says how she hasn't read anything and also needs to complete a telephone hearing....

[un1boy]

Order received from the court:

 

Permission to appeal is refused in part.

 

The reasons are:

 

1. The failure to comply with Practice Direction 16 paragrpah 7.3 was not fatal to the bank's case.

 

2. The attack on the conduct of the hearing is unsustainable. The appelant was afforded full oppurtunity to present his case and was able to do so.

 

3. As to the grounds of appeal based on alleged breaches of the Consumer Credit Act and attendant Regulations, the application for permission to appeal shall be listed for hearing on xxx at xx with a time estimate of 3 hour with permission for the Respondent to attend: if the permission is granted, the appeal will be heard forthwith.

 

4. The Respondent must file and serve a skeleton argument by 4pm on xx

 

5. Copies of any authorities relied on must be files and served by 4pm on xx.

 

Now, I don't really care about the conduct aspect to be honest, although she did still breach the civil bench book rules.

 

Do you think, bearing in mind the order is dated the day after the transcript was submitted, that the judge actually read the 38 page document within 24 hours? I really don't think he did, but I could be wrong.

 

Am I right in thinking that I am going to court next to give the judge reasons why I should be allowed to appeal? Should I be using my skeleton arguments that have already been filed, or should I be preapring something else? Any idea what else I should do for it?

 

Has anyone got a checklist of authorities I should be taking?

 

Is this orer a good thing??

[humbleman]

Order received from the court:

 

Do you think, bearing in mind the order is dated the day after the transcript was submitted, that the judge actually read the 38 page document within 24 hours? I really don't think he did, but I could be wrong.

 

 

I guess not.

 

This was just to frustrate you, i.e. put you off, it normally takes this clerks about 3/4 days to even log the correspondence. I guess he had already left instructions like if uniboys submits transcript then sent the order or else sit tight