Lifting a stay

[Pezza54]

Your appreciation is appreciated
Let us know what happens at the hearing on the 17th

[dinky201]

Okay, the judge lifted the stay and struck out my defence. there was a 7days before hearing limit and met this this deadline. Judge did not have my statement of evidence and my evidience, had to give copies to judge. to the judge. I told judge this my 1st time and need help and assistance.

Judge asked us to give brief, Claimant gave 2min brief and I asked" is this just a brief?" judge said yes just a brief" okay I gave my few minutes of brief, then judge gave judgement without looking at my evidence and did not do the test of appropriteness with me. at end of hearing i asked "at the the brief was I ment to go through evidence with you for the test of appropriteness?" judge said "its okay I read them".

[Pezza54]

Sorry to read that, I am surprised
When you receive the court order, can you post the wording?

[dinky201]

it wasnt a fair hearing tbh, judge said i got 7days to appeal to that said judge

[Pezza54]

Do you want to appeal?
Before making a decision have a read of form N164 Appellant's Notice for the small claims track

[dinky201]

yes but not to that judge, very dismisive of me to be quite frank

[Pezza54]

If the judge was a district judge, your appeal should be heard by a circuit judge

Please read "Appealing against a county court decision" at www.advicenow.org.uk

Did the judge give reasons why your defence was being struck out?

[dinky201]

my defence is CCA non compliant, and late from pre action requeest and CCA request, and the I asked for deeds in DSAR, pre action and cpr 18 never recieved, claimant ignored this and never gave me the deeds. I showed in hearing CCA was missing my details, apr, credit limit ec...stated they are on a welacome letter, a letter that dont exist. and terms of conditions (seprate document to the CCA) the credit limit was vauge and said see section 18 (many more sections that dont exist), the terms only go up to section 9. judge said terms could be a typo. and convinced its a complete CCA, and the CCA law does not state I have to see the deeds, even tho I stated case law

• See: [Van Lynn Developments v Pelias Construction Co Ltd [1969] 1 QB 607] - Where Lord Denning MR said: 'After receiving the notice, the debtor will be entitled, of course, to require a sight of the assignment so as to be satisfied that it is valid, and that the assignee can give him a good discharge.';

I feel judge ignored Claimant failings on pre action and CPR18 also case law too. Also failed to assist me in briefing issue with lifting the stay, and didnt access test of of appropriatenes with me, even when stating the case law for tbh. Judge didnt even say why they think my stronger finances in 2022 and finacial struggles in 2025 are not a problem.

[Pezza54]

Regarding the role of legal precedent (referring to the test of appropriateness)

Please read "The Doctrine of Legal Precedent: When is a Court decision binding?" at www.lexlaw.co.uk

You could base your appeal on the grounds that the judge failed to follow legal precedent

[dinky201]

Deputy district judge, does this explain?

[Pezza54]

It may well do

[dinky201]

When judge started making the judgement of lifting the stay, I said along lines of " wait we didn't do test of approrateness or see my evidence" judge shouted at me " don't disturb me when I'm making the judgement "

[Pezza54]

Sounds like the judge didn't take kindly to being interrupted
Court etiquette (courtroom manners) advises that any person speaking should not be interrupted

[dinky201]

Didn't take in account I was a 1st timer and didn't explain what briefing really ment. Not a fair hearing

[Pezza54]

If you decide to appeal, concentrate of the legal issues, not what happened at the hearing

Did you address the judge as "sir", "madam" or "judge"?