un1boy - N1 issued for breach of CCA request

[un1boy]

Thanks Tink, I'll let you know how it goes.

 

I'm going to fax the appeal bundle to the bank tomorrow or Tuesday coz I'm off tomorrow!!

[UK26]

subs

[un1boy]

Ok, so I called the court to check status of the appeal.

 

I spoke to a really helpful lad who deals with the appeals. He said that he's running behind with processing them, but that he will issue my appeal this week.

 

He said that he would write to me letting me of any extra info needed and that the jidge would want a transcript of the heearing, so I'll need to pay for one of those (great!!!).....he said that the judge would look at it on paper and make a decision as to whether to order a new hearing. He couldn't give me a timescale in terms of how long it would take as he said that it all depends on when the docs are back.

 

So, looks like I've got even more costs!!

 

I'll be claiming damages and also loss of interest for all this cash I have to spend.

 

What I am worried about though, is if the CJ doesn't order a new hearing- can I take it higher, or would I be stuck?!

 

The hearing wasn't the best as I wasn't allowed to put all of my arguments forward because she basically cut me off and also don't think that the beginning part was taped. So, I will let the CJ know that the judge had no reading time and sent us away, when I send the transcript in.

[dad]

Just a quickie

 

If they refuse permission on the papers, then you have a right to an oral hearing.

 

Dad

[e_inspired]

 

The hearing wasn't the best as I wasn't allowed to put all of my arguments forward because she basically cut me off and also don't think that the beginning part was taped. So, I will let the CJ know that the judge had no reading time and sent us away, when I send the transcript in.

 

Hi uniboy, this might sound like a silly question but is it allowed to use recording devices at CC hearings i.e dictaphones? It would be great if it is

 

Good luck with your appeal!!!

[un1boy]

Just a quickie

 

If they refuse permission on the papers, then you have a right to an oral hearing.

 

Dad

 

Thanks Dad - as ever I appreciate your input.

 

How are things going with you anyway - any outstanding claims?

[un1boy]

Hi uniboy, this might sound like a silly question but is it allowed to use recording devices at CC hearings i.e dictaphones? It would be great if it is

 

Good luck with your appeal!!!

 

I have no idea - I wouldn't have thought so because some (like mine) are recorded by the court and you can get a transcript of it (by paying, of course!)

[AnimalMagic]

Hi uniboy, this might sound like a silly question but is it allowed to use recording devices at CC hearings i.e dictaphones? It would be great if it is

 

No. There is a sign in the courtrooms saying you can't record.

[e_inspired]

No. There is a sign in the courtrooms saying you can't record.

 

Thanks, ahhh so thats what that straight faced lady sitting in the dj's room was doing... didn't really click at the time 1st time in court.

[Alphageek]

ahhh so thats what that straight faced lady sitting in the dj's room was doing...

 

[dad]

Damn it - I haven't had a chance to send it to them yet.

 

Damn it - I'll have to get it sent on Monday!! :-/

 

If you missed the deadline they could be ar$ey about it, but the practicalities are that you are not up against the statute of limitations, so if they applied and got the appeal struck out for poor service then it would be as if your appeal never happened. You could reapply for an out of time appeal - given the circumstances and the fact that you are a LiP, and the other side have suffered no prejudice all stand in your favour. I doubt it is worth their effort.

 

Thanks Dad - as ever I appreciate your input.

 

How are things going with you anyway - any outstanding claims?

 

You are welcome, this is a way of returning all the help and advice I have drawn from this site. Currently all my claims are stayed.

 

Dad

[un1boy]

I have received a confirmation letter that my appeal has been acknowledged and is being processed.

[tiokim]

subscribe

[un1boy]

Hi guys,

 

Sorry for the radio silence - I have been away for the week.

 

Came back and found something from the court - an order regarding my appeal reaquest:

 

IT IS ORDERED THAT:

 

1. A Suitable record of the reason for the Judgement of the lower court should be lodged.

 

2. Enforcement of the order dated xxxx be stayed pending determination of the appeal or further order in the meantime.

 

Ok, so this is good so far - any ideas what exactly is being asked for in paragraph 1? Am I expected to get a transcript of the hearing, or is he asking the original judge to ellaborate on her judgement? I sent the relevant forms with her reasons on it and have had confirmation that it's been received.

 

I will call the guy who is dealing with the administration of the appeal on Monday to clarify if no one is sure.

 

Also, in terms of paragraph 2 - thanks Dad for all your help, I am so relieved that it has been stayed.

Edited October 11, 2008 by un1boy

[dad]

Uni,

 

Well done - you actually did all the work.

 

As to the next steps. I agree the best thing is to speak to the court and find out exactly what the judge means. Once you have had that conversation, then the next steps can be planned out.

 

It may be that the Judge is asking for more detailed reasons - but I don't want to go off on the wrong road.

 

Let us know what the court says.

 

Dad

[un1boy]

Uni,

 

Well done - you actually did all the work.

 

As to the next steps. I agree the best thing is to speak to the court and find out exactly what the judge means. Once you have had that conversation, then the next steps can be planned out.

 

It may be that the Judge is asking for more detailed reasons - but I don't want to go off on the wrong road.

 

Let us know what the court says.

 

Dad

 

Apparently, it's a standard phrase that has been ticked by the Judge.

 

It means he wants a transcript of the Judgement.....he said that all the hearings are recorded.

 

Right, I'll get this done - another cost I could do without having to do to be honest.

[car2403]

Apparently, it's a standard phrase that has been ticked by the Judge.

 

It means he wants a transcript of the Judgement.....he said that all the hearings are recorded.

 

Right, I'll get this done - another cost I could do without having to do to be honest.

 

What's the cost?

 

[AnimalMagic]

If the court already has it, why do you have to supply it?

[un1boy]

What's the cost?

 

 

Anything up to around a couple of hundred quid apparently.

 

Luckily though, the judge only wants the judgement, not the whole hearing, so that should make it cheaper.#

 

I'll let you know though!

[un1boy]

If the court already has it, why do you have to supply it?

 

I don't bloody know mate - you know what the courts are like!!

 

The thing is I have to call them up, haggle a price then tell the court who I am using.

 

I don't have to tell the bank about any of this yet, until the judge has made a decision - if he says that my appeal is granted, the bank should be sent a copy of it, but until then I don't have to tell them or send them anything.....and nor will the court being doing it.

 

It's just more and more money I'm having to pay out when the bloody agreement is unenforcable anyway.

[embarrassed_fool]

can you not get help with these costs involved for this apeal if your income is not so high ?

 

Subbing.

[car2403]

can you not get help with these costs involved for this apeal if your income is not so high ?

 

Subbing.

 

There is help available;

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_e.pdf

 

I'd imagine Un1 doesn't qualify, given he has paid out of his own pocket thus far.

[Smoothy]

You want I'll haggle for you matey?!!!!

 

Long time and all that.......

[un1boy]

Guys,

 

I have received a "notice of judgement" from the bank - it's basically a transcript of the hearing.....they want me to read it and write back to confirm it's accurate.

 

They said it can't be seen as a transcript nor a verbatum.

 

Is this standard procedure?! Should I write back or not? I'm thinking not....just a bit weird for them to send me this 2 months after the hearing.

[un1boy]

There is help available;

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_e.pdf

 

I'd imagine Un1 doesn't qualify, given he has paid out of his own pocket thus far.

 

You're right - I never qualify for any help!