Barrister told porkies in court!

[Gemby]

Re: Barrister told porkies in court!

Hi all,

CleverClogs, i thought your description of DCA's was spot on.

Garlock, thanks for the info on solicitors. It was actually pt2537 that i was in discussions with regarding an appeal.
I had previously spoken to pt2537, with regards to my case, before the trial. I later decided to go it alone. A number of reasons led me to do this. I thought i had a strong enough case, I thought as a LIP i would have gained an advantage and by going alone i would have avoided up fromt fees for barristers and disbursments.
When i then lost i spoke to pt2537 again, this is when he requested copies of transcripts and counsels advice before commiting to the appeal. He also explained the cost of appealing, which is where it all became un affordable.

I will however contact the solicitors you mentioned next week and see what they think about my chances. If i could get a possitive vibe about it I would look seriously at taking thngs forward.

Gemby

[Garlok]

Re: Barrister told porkies in court!

Hi gemby,

I hope things work out OK. I won't say exactly how much it cost us "upfront" but put it this way it was less than one month's payments on the cards in question for four accounts plus £75 per account in disbursements which we would have had to have paid out anyway. We are now in the position that they will defend us should anyone dare to go to court (all in writing from managing partner) at no further cost to ourselves which was written after they had conducted the investigations based on those original instructions.

Perhaps now people can see why I have advised in the past and still do, that should you have any doubts whatsoever as LIP or your own capabilities, please recognise this early on and get help. It is far cheaper in the end. And other protections for you immediately come into play for you to fend off the cohorts of DCAs and creditors solicitors that certainly come your way.

regards
Garlok

[Gemby]

Re: Barrister told porkies in court!

Hi all

I spoke to MSB Law today.

They advised that as i had lost the case it is not possible to apply for a set-aside, i would have to appeal the judgment. They said they would want £600+Vat to review the file and then advise me if i have a case for appeal. Then if i had a case it would then cost more money to appeal.

Again i am back to square one, do i risk throwing good money after bad?

Is anyone confident enough that i have a good case?

Gemby

[The Debt Star]

Re: Barrister told porkies in court!

£720 to review...sounds about right, not a bad quote imo, if you consider that a solicitor is charging approx £200 per hour.

BUT you may be throwing good money after bad. I'm not sure if anyone wants to advise you what to do with your money ie comment on the merits of going for a review of your case, cos' you'll come back on here and tell us you blew £720 for nuffin. No offence of course.

If it was me though, and I had the £720 to spare, I'd pay the solicitors to review it and get the opinion.

What you're paying for is peace of mind, otherwise it'll eat away at ya for years. Best to know imo. But that's only if I could afford to bung £720 at it and walk away, knowing that if nothing else I had a proper legal answer (even if it was one I didn't want to hear).

[Garlok]

Re: Barrister told porkies in court!

Also please note that the review there will almost cetainly be supervised if not directly carried by a solicitor advocate who is a specialist on these matters and able to plead directly in the higher courts.

However I think you also said earlier that you had been caught with 4.5K worth of costs. Like DS has said only you can work out from your own intimate knowledge of your own case the direction you wish to take.

regards
Garlok

[Gemby]

Re: Barrister told porkies in court!

Thanks Guys

Ive been giving this some serious thought over the last few days.
I don't have the £720 to pay for an legal opinion. At a push i may be able to find it over a period of time and then go for the legal opinion. But if i could find the cash and the solicitors thought i had a case, i would still need to find more money to fund disbersements, which at the moment i cannot afford.
Is there a time limit on appeals? Is this governed by the six year rule? Could i look into it in a years time if things are better financially?

Gemby

[pt2537]

Re: Barrister told porkies in court!

whoa there

An appeal in a years time? you have more chance of a dodo flying than you have of an appeal.

you need to act promptly and file your appellants notice.

the difficulty is that an appeal costs money. The Kotecha appeal cost £20-30k which was not our profit but costs of involving counsel. So its not cheap

I cannot comment on other firms procedures but we generally dont charge to review papers provided the matter is straight forward and not requiring masses of research.

That said £720 isnt bad for the work involved.

[Gemby]

Re: Barrister told porkies in court!

Hi there pt2537

You already have my papers. I contacted you previously and you said you needed a copy of the transcript and counsels advice before you would consider taking the case to appeal. This was going to cost me £2.5k before i knew if i had a case.
I would be grateful if you wanted to review my case at this point and let me know your thoughts.
PM me for my details.

Gemby

[pt2537]

Re: Barrister told porkies in court!

Hi there pt2537

You already have my papers. I contacted you previously and you said you needed a copy of the transcript and counsels advice before you would consider taking the case to appeal. This was going to cost me £2.5k before i knew if i had a case.
I would be grateful if you wanted to review my case at this point and let me know your thoughts.
PM me for my details.

Gemby

oh ok, sorry, we have so many people contact us and many dont tell us they are on these forums etc so its hard to tell whos who,

I cant recall your case, so its very difficult to know what to say really

[pt2537]

Re: Barrister told porkies in court!

Trouble is to obtain Counsels opinion on appeals is not cheap if you wanna use some one who knows their onions. Plus there is the transcripts which are needed, Harrison hearing was priced at £1200 by audrey jones transcriptions then there is the drafting of appelants notices etc and skeletons

[CleverClogs]

Re: Barrister told porkies in court!

Would the transcript still be significant if the matter of the alleged untruths were to be dropped for the purposes of the appeal and, instead, raise the question of the date of the assignment following Harrison v. Burke whereby all that could have been assigned were the sums specified in the default notice?

[pt2537]

Re: Barrister told porkies in court!

you will find most counsel will ask for the transcript before giving an oponion on the prospects of success for an appeal.

Appeals are costly matters and i would never suggest going Gung Ho on such a thing. I would always want counsels advice due to the costs that a client could face if it all goes wrong.

its comments like Peters that get on my nerves though, things like "kerching" as if to imply that we would make anything out of such circumstances, when he does not know what hes on about frankly.

I mean, should i pay out of my pocket for someones transcript? should i pay and take from my children to get a barristers opinion for a customer? hell no, but that costs money, hence why when i get the advice i did, the costings did not include a penny for my time at all.

[Celestine]

Re: Barrister told porkies in court!

Gemby
Sorry your thread was hijacked. I have moved all the irrelevant posts to the lamp post where people are free to continue discussing the pro's and con's of free speech and moderation.
Best wishes, Cel x