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Part-claim by Lowell

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  • Part-claim by Lowell

    Hello,

    Lowells got through in part a court claim against me (partly due to stupid mistakes by me, but we live and learn), so I'm in the process of sorting the matter out.

    (1) I'm thinking about a formal complaint about the judge, the judgement itself, and the overall handling of the affair, but need to know - is there an email address I could forward my complaint to? HMCS mailbox perhaps? I realise that an appeal would likely be cost-prohibitive.
    (2) Could I get a copy of the judgement, a transcript of what was said during the judgement, and a transcript of the pre-hearing judge's directions, and if so, how much would they cost?
    (3) If I were to settle all at once, what's the procedure and what would happen to any pre-existing defaults?

    Thanks in advance for any constructive advice offered.
    Tags: None

  • #2
    Re: Part-claim by Lowell

    Originally posted by mrroper View Post
    I'm thinking about a formal complaint about the judge, the judgement itself, and the overall handling of the affair.

    Can you give us some idea of the basis of your complaint? HMCS would only consider a complaint on 'service levels' such as files gone missing etc, but not on a point of law which the judge may have made or may have missed. That would have to be an appeal.

    Comment


    • #3
      Re: Part-claim by Lowell

      Originally posted by PlanB View Post
      Can you give us some idea of the basis of your complaint? HMCS would only consider a complaint on 'service levels' such as files gone missing etc, but not on a point of law which the judge may have made or may have missed. That would have to be an appeal.
      There's a lot - judge's overall attitude, evidence sent in well in advance by me not being regarded, the fact that the judge had no advance knowledge of the case at all and hadn't read anything I'd sent in, the judge taking evidence into account which she knew had no bearing on the case (that one wasn't entirely bad for me), a document I'd emailed in specifically for the judge's attention not being referenced (or even mentioned), etc etc.

      The complaint letter I've drafted up is currently at seven pages, and shows signs of growing even more - there's just that much scope.

      Comment


      • #4
        Re: Part-claim by Lowell

        Originally posted by PlanB View Post
        Can you give us some idea of the basis of your complaint? HMCS would only consider a complaint on 'service levels' such as files gone missing etc, but not on a point of law which the judge may have made or may have missed. That would have to be an appeal.
        When you say 'service levels', would you be able to elaborate a bit more on that?

        Comment


        • #5
          Re: Part-claim by Lowell

          Also, should I have received an Allocation Questionnaire as well as a Directions Questionnaire? I got the latter, but not the former (the staff at the reception said I would be getting one, but I never did).

          Comment

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