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Appeal CCJ and lowell payment request

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  • #46
    Re: Appeal CCJ and lowell payment request

    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 specialises 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

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    • #47
      Re: Appeal CCJ and lowell payment request

      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.

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      Comment


      • #48
        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.

        Comment


        • #49
          Re: Appeal CCJ and lowell payment request

          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

          Comment


          • #50
            Re: Appeal CCJ and lowell payment request

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

            Comment


            • #51
              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.
              Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
              I have no formal legal training
              Any advice is offered without liability
              If in doubt take professional legal advice or contact the CAB

              Comment


              • #52
                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, 13:20:PM. Reason: Addition

                Comment


                • #53
                  Re: Appeal CCJ and lowell payment request

                  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.


                  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 you'd like me to look at your post 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.

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                  • #54
                    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.

                    Comment


                    • #55
                      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?
                      Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                      I have no formal legal training
                      Any advice is offered without liability
                      If in doubt take professional legal advice or contact the CAB

                      Comment


                      • #56
                        Re: Appeal CCJ and lowell payment request

                        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.

                        if you need to contact me please email paultilley@howlettclarke.co.uk . My firms initial advice is always free.

                        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.

                        You can also follow my blog on consumer credit here.

                        Comment


                        • #57
                          Re: Appeal CCJ and lowell payment request

                          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

                          Comment


                          • #58
                            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)
                            Common Sense .... if in doubt, use it !

                            ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

                            Any support I provide is offered 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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                            • #59
                              Re: Appeal CCJ and lowell payment request

                              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 Files

                              Comment


                              • #60
                                Re: Appeal CCJ and lowell payment request

                                remaining pages of defence witness statement
                                Attached Files

                                Comment

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