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Appeal CCJ and lowell payment request

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  • #31
    Re: Appeal unenforceable debt ccj

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

    Comment


    • #32
      Re: Appeal unenforceable debt ccj

      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

      Comment


      • #33
        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

        Comment


        • #34
          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.

          Comment


          • #35
            Re: Appeal CCJ and lowell payment request

            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 - - -

            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

            Comment


            • #36
              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.

              Comment


              • #37
                Re: Appeal CCJ and lowell payment request

                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

                Comment


                • #38
                  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?

                  Comment


                  • #39
                    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

                    Comment


                    • #40
                      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, 20:26:PM. Reason: Amended

                      Comment


                      • #41
                        Re: Appeal CCJ and lowell payment request

                        Incorrectly executed

                        Comment


                        • #42
                          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.

                          Comment


                          • #43
                            Re: Appeal CCJ and lowell payment request

                            [MENTION=87380]Diana M[/MENTION] [MENTION=7765]Joanna C[/MENTION]

                            Can you help Jeed

                            Comment


                            • #44
                              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

                              Comment


                              • #45
                                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

                                Comment

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