Page 2 of 3 FirstFirst 123 LastLast
Results 26 to 50 of 61

Thread: Appeal CCJ and lowell payment request

  • Share
  • Thread Tools
  • Display
  1. #26
    Join Date
    Mar 2017
    Posts
    34
    Mentioned
    0 Post(s)

    Default Re: Appeal unenforceable debt ccj

    How do I request the transcript and how much does the 48hrs service cost. If there is a chance I am ready to try.
    Last edited by Jeed; 4th March 2017 at 23:43:PM. Reason: Re post

  2. #27
    Join Date
    Jun 2016
    Posts
    3,456
    Mentioned
    514 Post(s)

    Default Re: Appeal unenforceable debt ccj

    Quote Originally Posted by Jeed View Post
    How do I request the transcript and how much does the 48hrs service cost. If there is a chance I am ready to try.
    Contact the court and ask them to send you a list of the approved transcribers and then complete the EX107 form which you can download here > http://hmctsformfinder.justice.gov.u...t_forms_id=161

    Ring at least three on the list for quotes. Some are not VAT registered which makes them 20% cheaper.

    Once the transcript has been produced it is sent to the DJ who presided over the case to approve (for errors not to edit it I hasten to add). This means that DJ will presume you're planning to appeal his decision, not getting the transcript as a souvenir, since you lost the case.

    Before you go to that expense it may make sense to try to narrow down the legal issues to see if you have any likely prospects of success because you don't want to risk the legal costs of a failed application/appeal.

    So are you wanting to appeal because you didn't produce the essential document in court (or in your WS evidence)? Was that document disclosed by the Claimant? Was it available to the DJ even if you didn't draw attention to it?

    Or are you wanting to appeal because in hindsight you feel you could have handed things better on the day?

    Or are you wanting to appeal because the DJ made an error of fact or law?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    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. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  3. #28
    Join Date
    Mar 2017
    Posts
    34
    Mentioned
    0 Post(s)

    Default Re: Appeal unenforceable debt ccj

    Thanks Di,

    I am worried I can handle this going forward due to lack of experience and the risk of double whammy loss if mishandled again. Can you advise which of the reasons are most likely to succeed following my explanation and the documents that I supplied to the forum. Please help i think this is now too specialised for me and I don't want to mess things up and waste scarce resource on wild goose chase.
    Last edited by Jeed; 5th March 2017 at 12:26:PM. Reason: Amend

  4. #29
    Join Date
    Mar 2017
    Posts
    34
    Mentioned
    0 Post(s)

    Default Re: Appeal unenforceable debt ccj

    Is there any hope based on what I have provided and explained?

  5. #30
    Join Date
    Jun 2016
    Posts
    3,456
    Mentioned
    514 Post(s)

    Default Re: Appeal unenforceable debt ccj

    Try not to fret.

    You seem to be both upset at the outcome and angry with yourself for not doing a better job in court. I'm sure you put up a good fight against a headwind of prejudice against 'debtors'.

    So now you need to analyse what your options might be.

    An appeal needs to be about a specific 'error' which took place in court on the day and which led to the wrong decision by the DJ.

    Since you didn't ask the DJ for permission to appeal before he left the room, you will now have to ask the court for permission to appeal which means identifying the potential grounds for appeal first.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    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. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  6. #31
    Join Date
    Mar 2017
    Posts
    34
    Mentioned
    0 Post(s)

    Default Re: Appeal unenforceable debt ccj

    Are these identifiable from my documents and explanation in the interim to embolden a move forward.

  7. #32
    Join Date
    Jun 2016
    Posts
    3,456
    Mentioned
    514 Post(s)

    Default Re: Appeal unenforceable debt ccj

    Quote Originally Posted by Jeed View Post
    Are these identifiable from my documents and explanation in the interim to embolden a move forward.
    I've just replied to your PM

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    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. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  8. #33
    Join Date
    Jun 2016
    Posts
    3,456
    Mentioned
    514 Post(s)

    Default Re: Appeal unenforceable debt ccj

    Hello Jeed,

    I have received you PMs and emails.

    My suggestion was that you should get a transcript of the hearing in order to see whether you have any grounds for appeal.

    When the transcription arrives post a gist of what the DJ decided and why (the judgment) for others to give you their opinion as to whether it's going to be worth your while to appeal financially speaking since you may have to pay the other side's legal costs if you lose.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    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. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  9. #34
    Join Date
    Mar 2017
    Posts
    34
    Mentioned
    0 Post(s)

    Default Appeal CCJ and lowell payment request

    I got a CCJ judgment against me but think there is an error or judgement and have requested a transcript of the the judgment to establish the error. Meanwhile Lowell has sent a letter requesting payment. The transcription company has done the transcript and sent back to court for approval (got notified today). Please can someone advice on my position with regards to the lowell payment request following the judgment. The judgement was on the 2nd of March.

  10. #35
    Join Date
    Nov 2014
    Posts
    14,414
    Mentioned
    1603 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    Quote Originally Posted by Jeed View Post
    I got a CCJ judgment against me but think there is an error or judgement and have requested a transcript of the the judgment to establish the error. Meanwhile Lowell has sent a letter requesting payment. The transcription company has done the transcript and sent back to court for approval (got notified today). Please can someone advice on my position with regards to the lowell payment request following the judgment. The judgement was on the 2nd of March.
    Hi Just Inform Lowell that the judgment is being challenged but say no more.

    What do you feel was wrong with the judgment?
    Did you attend the hearing ?

    nem

    - - - Updated - - -

    Quote Originally Posted by Jeed View Post
    I got a CCJ judgment against me but think there is an error or judgement and have requested a transcript of the the judgment to establish the error. Meanwhile Lowell has sent a letter requesting payment. The transcription company has done the transcript and sent back to court for approval (got notified today). Please can someone advice on my position with regards to the lowell payment request following the judgment. The judgement was on the 2nd of March.
    Hi Just Inform Lowell that the judgment is being challenged but say no more.

    What do you feel was wrong with the judgment?
    Did you attend the hearing ?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  11. #36
    Join Date
    Mar 2017
    Posts
    34
    Mentioned
    0 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    The debt should be unenforceable, it is subject to s127.3 of the consumer credit act 1974. It's a pre 2007 debt. I was in court and I was a litigant in person.

  12. #37
    Join Date
    Nov 2014
    Posts
    14,414
    Mentioned
    1603 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    Quote Originally Posted by Jeed View Post
    The debt should be unenforceable, it is subject to s127.3 of the consumer credit act 1974. It's a pre 2007 debt. I was in court and I was a litigant in person.
    Did the claimant disclose a copy of the original agreement? If not did you challenge the documents (if any) that were produced?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  13. #38
    Join Date
    Feb 2017
    Posts
    472
    Mentioned
    28 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    Jeed

    This may sound like a silly question but

    Are you suggesting the agreement was UE BECAUSE it was pre April 2007 or because it was incorrectly executed?

    How much is the judgement for?

  14. #39
    Join Date
    Nov 2014
    Posts
    14,414
    Mentioned
    1603 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    [QUOTE=warwick65;716844]Jeed

    This may sound like a silly question but

    Are you suggesting the agreement was UE BECAUSE it was pre April 2007 or because it was incorrectly executed?

    *****Agreements signed prior to April 2007 are exempt from the amendments to CCA 1974 made in 2006 i.e. the original agreement is needed to enforce the debt. However some judges have seen fit under the balance of probabilities to find that liability exists.*****

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  15. #40
    Join Date
    Mar 2017
    Posts
    34
    Mentioned
    0 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    The claimant did not produce a copy of the original agreement and I challenged it in court. They produced an illegible copy of the application form that does not contain the prescribed terms
    Last edited by Jeed; 20th March 2017 at 19:26:PM. Reason: Amended

  16. #41
    Join Date
    Mar 2017
    Posts
    34
    Mentioned
    0 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    Incorrectly executed

  17. #42
    Join Date
    Feb 2017
    Posts
    472
    Mentioned
    28 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    This is neither the time nor the place for the discussion but as far as i know , generally a signed copy needs producing, not necessarily the actual original however as you say there have been occasions when a judge has decided on balance, a signed copy did exist

    I was asking to try and ascertain if the agreement was incorrectly executed in which case S127(3) would indeed be the reason for it to be irredeemably unenforceable.

  18. #43
    Join Date
    Feb 2017
    Posts
    472
    Mentioned
    28 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    @Diana M @Joanna C

    Can you help Jeed

  19. #44
    Join Date
    Mar 2017
    Posts
    34
    Mentioned
    0 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    No signed copy exist as I have also found the copy of agreement supplied to me. No date, no signature etc

  20. #45
    Join Date
    Jun 2016
    Posts
    3,456
    Mentioned
    514 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    This new thread relates to your ongoing thread here > http://legalbeagles.info/forums/show...667#post713667

    So maybe ask @Kati nicely to merge the two threads to keep everything in one place so that answers/advice can be given in context.

    I have advised you to get a transcript of the hearing in order to decide whether you have any grounds for appeal.

    I said this because you don't automatically have the right to have a 'second chance' at pleading your case to the court simply because you didn't like the outcome first time around.

    You need to know what error (if any) the DJ made first and foremost.

    I've also explained that you will need to make an application for permission to appeal before you can make your appeal.

    I've also said you need to consider the costs consequences of an Appeal if it fails (you may have to pay the other's sides legal costs despite this being in the Small Claims Court).

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    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. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  21. #46
    Join Date
    Jun 2016
    Posts
    3,456
    Mentioned
    514 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    Quote Originally Posted by nemesis45 View Post
    Just Inform Lowell that the judgment is being challenged but say no more.
    That won't stop the Claimant (Lowells) seeking any enforcement action of the CCJ unless there's an Application to suspend enforcement pending the outcome of any Appeal (which hasn't yet been made) made by the Defendant.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    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. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  22. #47
    Join Date
    Jun 2014
    Posts
    10,283
    Mentioned
    985 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    Quote Originally Posted by Diana M View Post
    This new thread relates to your ongoing thread here > http://legalbeagles.info/forums/show...667#post713667

    So maybe ask @Kati nicely to merge the two threads to keep everything in one place so that answers/advice can be given in context.
    sorted x
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site http://lbcompare.co.uk

  23. #48
    Join Date
    Mar 2017
    Posts
    34
    Mentioned
    0 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    Thank you Di, I took on board your advice regarding the judgement transcript which has been done and sent back to the judge for approval. My concern was to do with the payment demand and you have also answered that in your response. I am unable to act in response to Lowell's demand until I get the transcript and appeal if allowed and there is good ground for it.

  24. #49
    Join Date
    Mar 2017
    Posts
    34
    Mentioned
    0 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    Quote Originally Posted by Jeed View Post
    Thank you Di, I took on board your advice regarding the judgement transcript which has been done and sent back to the judge for approval. My concern was to do with the payment demand and you have also answered that in your response. I am unable to act in response to Lowell's demand until I get the transcript and appeal if allowed and there is good ground for it.
    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
    Attached Files Attached Files

  25. #50
    Join Date
    Apr 2009
    Posts
    4,680
    Mentioned
    117 Post(s)

    Default Re: Appeal CCJ and lowell payment request

    Full of "I Think they say/mean/etc!" = whitewash

Page 2 of 3 FirstFirst 123 LastLast

Similar Threads

  1. Lowell - CCA Request - Help Please
    By Molly2015 in forum Welcome Forum
    Replies: 29
    : 13th October 2016, 16:05:PM
  2. Lowell CCA request
    By MRSP in forum Money & Debt
    Replies: 1
    : 15th September 2015, 19:26:PM
  3. I have been chased by Lowell for a payment of £565
    By alzamily in forum Debt Collection Agencies
    Replies: 3
    : 7th September 2014, 15:46:PM
  4. Lowell court of appeal
    By Roy Clayton in forum Debt Collection Agencies
    Replies: 16
    : 12th November 2012, 17:06:PM
  5. Conflicting reply to my cca request Lowell
    By microbar in forum Debt Collection Agencies
    Replies: 17
    : 13th August 2011, 19:53:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeaglesģ are DPA Registered No. ZA158014
LegalBeaglesģ is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.
TOP