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Thread: Appeal CCJ and lowell payment request

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  1. #51
    warwick65's Avatar

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    Default Re: Appeal CCJ and lowell payment request

    To be honest, I think you need proper advice.
    I do not know if there is other evidence you could use in your leave to appeal

    It does I am afraid show up the error many people make when they claim the original agreement is needed to enforce for a pre 2007 debt. This is quoted all over the Internet but is simply not true. A genuine copy is sufficient.

    As as I said, this is where some sound factually based advice is needed.

  2. #52
    Jeed's Avatar

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    Default Re: Appeal CCJ and lowell payment request

    But it was not a copy. What Lowell produced was a copy of the application form and I have the original copy of the agreement which was enclosed with the card. And I said in court that I have it. I produced the cover letter of the card that referred to the agreement enclosed but was dismissed as an undated letter by the judge.
    I really need the sound advice going forward
    Last edited by Jeed; 24th March 2017 at 13:20:PM. Reason: Addition

  3. #53
    nemesis45's Avatar

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    Default Re: Appeal CCJ and lowell payment request

    Quote Originally Posted by Jeed View Post
    But it was not a copy. What Lowell produced was a copy of the application form and I have the original copy of the agreement which was enclosed with the card. And I said in court that I have it. I produced the cover letter of the card that referred to the agreement enclosed but was dismissed as an undated letter by the judge.
    I really need the sound advice going forward
    It sounds like an attempt at producing a reconstituted agreement, which must have certain elements.

    1. Your name and address as it was when the account was opened.

    2. Ditto for the creditor.

    3. The T's & C's relevant when the account was opened.

    4. Those when the account was closed.

    5. Any other documents mentioned in the T's & C's.

    6. A Certified current statement of the account.


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  4. #54
    Jeed's Avatar

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    Default Re: Appeal CCJ and lowell payment request

    Can any body help with establishing a ground for appeal in the first instance also to suspend enforcement if appeal is viable. I really need someone more experienced to handle this and see me through.

  5. #55
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    Default Re: Appeal CCJ and lowell payment request

    Jeed
    I am afraid out of my depth on this one but

    It does seem that what they sent in reply to your S78 request was defective
    The default may have been defective because it did not specify a date for remedy although a judge might say it did not prejudice you therefore not a problem
    The NOA looks ok to me, the stupidity of the WS from the claimants legal dogsbody is laughable

    I am not sure if the appeal is or indeed should be the chance for a 2nd bite at the cherry, sorry if that sounds harsh but if it was our courts would be clogged with people trying again and again to get the right answer
    The problem as I see it is your defence , if that was what you entered as your defence was not directed at the points you should have - sorry of that sounds harsh.

    Have you approached a solicitor to get their opinion?

  6. #56
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    Default Re: Appeal CCJ and lowell payment request

    Quote Originally Posted by Jeed View Post
    I received the transcript today and I have attached herewith, please advice me what real options I have now. I do not want to be stupid any longer and would like to appeal if possible and viable.

    Kind regards
    have you not made an application for an extension of time for filing the appeal ? There is a right to apply if the transcript is likely to delay matter, so in my opinion an application should have been made while the transcript was being sought.

    Seems to me that you are now out of time on the appeal and will need to apply out of time which makes matters ever harder to succeed with
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



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  7. #57
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    Default Re: Appeal CCJ and lowell payment request

    Quote Originally Posted by pt2537 View Post
    have you not made an application for an extension of time for filing the appeal ? There is a right to apply if the transcript is likely to delay matter, so in my opinion an application should have been made while the transcript was being sought.

    Seems to me that you are now out of time on the appeal and will need to apply out of time which makes matters ever harder to succeed with
    Thanks for quick response, I was waiting for the transcript to arrive and thought I needed to get that and have a ground of appeealbefore seeking leave to appeal. As it stands is there any chance? Is there ground based on information available? If not what are the options now available?

    Please

  8. #58
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    Default Re: Appeal CCJ and lowell payment request

    The transcript doesn't seem to have any discussion of prescribed terms in the agreement, neither does the defence. Your TIFF docs don't have all the pages of the witness statements as far as I can see, only the first page - can you try putting those on as PDF's rather than TIFF image files. Rezise the images smaller first so they aren't such massive files.

    What was paragraph 8 of their witness statement? ( as that seems to got you out of unreasonable behaviour costs)
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  9. #59
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    Default Re: Appeal CCJ and lowell payment request

    Quote Originally Posted by Amethyst View Post
    The transcript doesn't seem to have any discussion of prescribed terms in the agreement, neither does the defence. Your TIFF docs don't have all the pages of the witness statements as far as I can see, only the first page - can you try putting those on as PDF's rather than TIFF image files. Rezise the images smaller first so they aren't such massive files.

    What was paragraph 8 of their witness statement? ( as that seems to got you out of unreasonable behaviour costs)
    Dear Amethyst,

    I have sent you a PM regarding the uploaded files and have attached replacement herewith,
    Attached Thumbnails Attached Thumbnails Claimant witness statement pg 1.jpg   Claimant witness statement pg 2.jpg   Claimant witness statement pg 3.jpg   Defence witness statement pg 1.jpg   Defence witness statement pg 2.jpg  

  10. #60
    Jeed's Avatar

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    Default Re: Appeal CCJ and lowell payment request

    remaining pages of defence witness statement
    Attached Thumbnails Attached Thumbnails Defence witness statement pg 3.jpg   Defence witness statement pg 4.jpg   Defence witness statement pg 5.jpg  

  11. #61
    Amethyst's Avatar

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    Default Re: Appeal unenforceable debt ccj

    removed originals xx Thanks for posting those up. That para 8 just looks like a cut and paste carelessness - well done on pointing it out, seems to have really helped avoid additional costs. Doesn't seem that you pleaded the lack of prescribed terms in the copy agreement they provided?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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