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Appeal query

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  • Appeal query

    I started a claim against a hotel who were allowing vagrants to stay and who were so noisy I had to leave almost immediately after arriving.

    They refused to refund me, despite my obtaining CCTV footage using Data Protection Act to show the partying in the corridors, drug use etc by these vagrants in the hotel corridors.

    Started the claim. Cited compensation due for breach of DPA (initially refused to send the CCTV footage until the ICO told them to) and breach of contract/consumer rights act. Claim was for £300 total (£100 room refund, £200 breach of DPA).

    The money claims online website cut off the end of my particulars of claim (I added interest, then removed this - this deleted my last sentence in which I state that second head of claim is for breach consumer rights act). After claim was begun, I immediately emailed this last sentence to MCOL.

    Judge in the allocated court in Newcastle missed this email on the file and dismissed the claim as "no legal basis presented."

    I immediately made an application for relief from sanctions, pointing out the above.

    Judge at the hearing who wholly unfair. Would not allow the application.

    So I started an appeal.

    Then the Court "lost" the appeal and it took months for them to lodge said appeal.

    The result of that appeal is attached, redacted.

    Very odd, as stated my POC do not mention a breach of DPA or claim relating to, when they clearly do.

    I am super angry. Can anyone advise what is going on and how to proceed? I won't just drop this. I have done everything right and the court is being completely unfair in not letting me have my day in court. I have a mountain of evidence against this company.

    P.S. I cannot add attachments? Can someone make it so I can?
    Tags: None

  • #2
    Attached!
    Attached Files

    Comment


    • #3
      Anyone? In particular trying to figure out what the final paragraph of the attached means? And why the Judge has not given me the opportunity to request an oral hearing?

      Comment


      • #4
        read the order he has given you the option to request an oral hearing

        cmn now

        Comment


        • #5
          See para 3.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Playing Devil's Advocate here - as three judges now have all said that my claim was tossed out as no legal argument was put forward, does that mean I can submit a new claim but with a legal argument?

            Comment


            • #7
              Also odd is that it tells me to quote an appeal reference when/if renewing my application, yet there is no appeal reference in the order? So looks like it has not even been handled as an appeal.

              Comment


              • #8
                Ok im sorry but frankly i think you'd be hopeless in court. The appeal refernece number is the case number. It will be on the top of the order.

                I mean technically you can submit a new claim with a legal argument, but looking over your case summary your chances are hopeless, especially considering the lack of competency you seem to be displaying.

                It has been handled as an appeal, and it has been rightfully refused.

                Comment


                • #9
                  This has been a very hurtful conversation

                  Comment


                  • #10
                    im not really sure why that is but ok.

                    Comment

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