Ms

[Haki]

I had a default CCJ issued against me. The reason for the default was, mainly on health grounds that did not enable me to attend the hearing, thus i was not able to defend the claim by Lowell, on behalf of 3G. I applied for CCJ to be set aside. At first it was refused. Second try, i was given a hearing date. Judge said, it could only be set aside on two grounds. 1st if medical, second, if i had a good chance of success. He said i had a good chance of success, but apparently letter from GP was insufficient as evidence! So now i need to appeal against the decision for refusal to set aside. There was no specific requirements that the judge asked in advance for the gp to write a letter. So the letter was firstly protecting me, secondly it was general. This is Lowell and Three G that went to court. Any advice, including which organisations out there can help me to appeal is highly appreciated, as i have no funds for solicitors. Winning this case, could be monumental because it would help hundreds of thousands of people who are being mistreated daily by mobile phone companies like 3G, who instead of resolving a matter, sell, your personal data to debt companies. PLEASE HELP URGENTLY

[2222]

Are you saying that the judge was wrong to reject the GP's letter? Or are you hoping to be allowed to introduce new medical evidence?

[Haki]

Reply is below. Thanks.

[Haki]

Are you saying that the judge was wrong to reject the GP's letter? Or are you hoping to be allowed to introduce new medical evidence?

Thank you. I am saying both. Re GP's letter, to the best of my knowledge, that was sufficient medical evidence that is generally accepted everywhere. That was my perception, so on that first question, yes i believe he was wrong to reject the letter. However i do not know the legal grounds on which to argue that. I know the general ongoing societal grounds.
On the second part, yes, i would like to introduce new medical evidence, seeing that the gp's letter was rejected.

[2222]

I'm not an expert, but I don't think you're allowed to introduce fresh evidence on appeal that you could have produced at the original set aside hearing. So, if that is right, any appeal would have to be on the basis that the judge erred in rejecting your application.

what reason did the judge give, and what was in the doctor's letter you submitted?

I don't know whether you can find a firm of lawyers willing to take this on pro bono. You would have to write round and try to interest somebody. The alternative is that you handle the appeal yourself, which is pretty daunting.

[Haki]

Thank you. I am saying both. Re GP's letter, to the best of my knowledge, that was sufficient medical evidence that is generally accepted everywhere. That was my perception, so on that first question, yes i believe he was wrong to reject the letter. However i do not know the legal grounds on which to argue that. I know the general ongoing societal grounds.
On the second part, yes, i would like to introduce new medical evidence, seeing that the gp's letter was rejected.

MANY THANKS

Letter in my point of view is sufficient medical evidence. I believe the Judge erred because there is no standard procedure on what should be included in the letter - what should be said and how. The judge therefore applied their own standard on what is fine. So that is where i believe the error lies.

In regards to new evidence, yes, you are right, i do not know how to do that. I was thinking that since, it is only at the hearing that it was said to me that my letter was insufficient, it therefore allows me to produce what is 'sufficient' as indicated that i would. The issues raised were not of my making - as i can not dictate what is written unless it is contrary to my records.

Yes, you are right, i will keep seeing if i can get help, with the option of doing it myself.

I had hoped i would get advice to guide me on how to go about it e.g the appropriate forms of appeal, how to argue on the issue of medical letter error and how to introduce new evidence.

Many thanks! Much appreciated.

[Haki]

OK thanks

[Haki]

I'm not an expert, but I don't think you're allowed to introduce fresh evidence on appeal that you could have produced at the original set aside hearing. So, if that is right, any appeal would have to be on the basis that the judge erred in rejecting your application.

what reason did the judge give, and what was in the doctor's letter you submitted?

I don't know whether you can find a firm of lawyers willing to take this on pro bono. You would have to write round and try to interest somebody. The alternative is that you handle the appeal yourself, which is pretty daunting.

MANY THANKS

Letter in my point of view is sufficient medical evidence. I believe the Judge erred because there is no standard procedure on what should be included in the letter - what should be said and how. The judge therefore applied their own standard on what is fine. So that is where i believe the error lies.

In regards to new evidence, yes, you are right, i do not know how to do that. I was thinking that since, it is only at the hearing that it was said to me that my letter was insufficient, it therefore allows me to produce what is 'sufficient' as indicated that i would. The issues raised were not of my making - as i can not dictate what is written unless it is contrary to my records.

Yes, you are right, i will keep seeing if i can get help, with the option of doing it myself.

I had hoped i would get advice to guide me on how to go about it e.g the appropriate forms of appeal, how to argue on the issue of medical letter error and how to introduce new evidence.

Many thanks! Much appreciated.