Transcribers mucked up - now too late to appeal

[andrew2332]

Hi all.

So...

I took a company to Court - over a warranty issue. It is a clear open and shut case.

Couldn't attend the final hearing because I had to go to a funeral.

Made submissions etc well in advance.

Paid for a transcript of the hearing, after the Judge unbelievably struck the case out.

The transcription company told me that only the judgements could be transcribed/sent, but not the hearing - there was a malfunction of the Court's recording equipment and you could not hear the lawyers representing the Defence. I was told that large parts of any transcript would therefore be absent. I had the Judgement transcript, but had no idea how said judgements were reached.

I pursued the Court for three months as I believed that the case now had to be reversed, all my fees refunded, and then the trial start again.

The Court kept telling me they had listened to the recording and it was fine.

Finally, a few weeks ago, the transcribers accepted that they had made an error in stating there was a Court mistake, and, unsolicited, they sent me the transcript of the hearing itself, with only a few parts denoted as 'INAUDIBLE'.

I clearly could have appealed the decision based on the sheer amount of lies the defence told at trial.

However, I've been told that too much time had now passed to appeal.

Further, I am soon leaving the UK for good and the time I had to appeal or start a new claim, and attend a hearing in person, something which has now been shown as being absolutely essential, has passed.

Should I hold the transcribers responsible for this? And take them to Court? Or complain to the Court's mediators/adjudicators on such matters? They have one for transcriber issues at Petty France.

My thinking is that if not told from the start that the Court were at fault here, I would have pursued the transcript and appeal.

[andrew2332]

Re: Transcribers mucked up - now too late to appeal

*bump*

[nemesis45]

Re: Transcribers mucked up - now too late to appeal

*bump*

Always a problem for any party claimant or defendant not appearing at a final hearing
in extenuating circumstances such as a death in a family one can approach the court
for a change of date, court dates are usually set quite far ahead could you have done
this?

As to suing the " transcribers" because you could not appeal would be difficult I think.

nem

[Sparkie1723]

Re: Transcribers mucked up - now too late to appeal

I believe that you can make an application to Make an appeal " Out of Time" more legally knowledgeable people will know more about this............there are criteria you must meet .....I am unsure if or not you could meet this criteria.
You could make a complaint to the Ministry of Justice/Justice Minister........you could also approach you MP on the matter and ask him to contact the Justice minister.........all this takes time ........and will be a source of more hassle and distress for you ................ask yourself ...Do you really think its worth it in these days, and how the access to Justice system is being slowly moved out of the reach of us members of this so called Country of fair justice for all.

Sparkie

[andrew2332]

Re: Transcribers mucked up - now too late to appeal

Any more thoughts peeps?

[nemesis45]

Re: Transcribers mucked up - now too late to appeal

Any more thoughts peeps?

If you want to start a new claim you will need to " have something new to say" about the claim.

As suggested you can make an application to appeal out of time but cost could be significant and
I would recommend legal advice face to face before attempting this, as it seems you don't know the
reason why the judge struck the claim out.

nem

[MissFM]

Re: Transcribers mucked up - now too late to appeal

Or complain to the Court's mediators/adjudicators on such matters? They have one for transcriber issues at Petty France.

That sounds an interesting option if the route's open to you - could you post a link?

[andrew2332]

Re: Transcribers mucked up - now too late to appeal

From form EX107 which you use to make a transcription request:

COMPLAINTS ABOUT SERVICE PROVIDERS

The service providers on the list are subject to a contract with the department. Under the terms of that contract, providers are obliged to have a robust complaints procedure in place.

They then tell you to approach the provider in the first instance, and if you wish to make a complaint about said service provider, you must in the first instance contact the Civl Operations Team at Petty France.