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Hi every one
I would like to wish every one a Happy Christmas and introduce myself and hope to bring some value to you all with my experiences (and victories) but first I do have a little dilemna I need to address.
Like many people I have seen on the forum I have got in to an argument with the bank,HSBC bank to be precise and wonder if any one can help?
I was recently granted an appeal in the District Court to appeal a District Judge's decision in the County Court. I was ordered to obtain a transcript of the hearing and file it by the 23rd December 2011, on reading the transcript there were several relevant points which needed addressing and I wrote a covering statement.
I also included in this statement a request to strike out a Warrant of Execution which was issued in July of this year in error because proceedings were/are still ongoing and I have already had the bailiffs knocking on the door and had telephone calls to say it has now moved in to escalation,this has caused considerable distress in the family home.
I took the transcripts and the covering statement to the courts yesterday (21st December) to deliver by hand to avoid any postal delays only to be told that the case had been heard already and the order was in the post. I protested that the original order had given me until the 23rd December to comply but was simply told that they had progressed it as they had also received the transcripts directly from the transcriber and the judge had based his decision solely on the transcription.
The thing is I have submitted a perfectly valid and truthful skeleton argument in both appeals which was written by a solicitor and neither have been considered nor addressed (in any instance) to which I have pointed out in my covering statement.
The judgement is based solely on some discrepancies on CPR rulings and not on the facts of the matter and as an LIP I have not been given any assistance in these matters.
I have received this morning the District Judge's decision which is refusal of permission to appeal, but by bringing the hearing date forward without my knowledge is this not flouting the CPR rules? they have not considered my side of the argument at all. No doubt anybody reading this would need more information,which I can supply of course but if there is anyone with some decent knowledge of the CPR I would appreciate it, I am new to the forum and do not know what level of help can be given but I have no doubt that as the warrant is still live I can expect the bailiffs early in the new year.
I did however get the court secretary to accept the documents yesterday and have obtained a receipt so at least the papers are on file.
Best Regards
I would like to wish every one a Happy Christmas and introduce myself and hope to bring some value to you all with my experiences (and victories) but first I do have a little dilemna I need to address.
Like many people I have seen on the forum I have got in to an argument with the bank,HSBC bank to be precise and wonder if any one can help?
I was recently granted an appeal in the District Court to appeal a District Judge's decision in the County Court. I was ordered to obtain a transcript of the hearing and file it by the 23rd December 2011, on reading the transcript there were several relevant points which needed addressing and I wrote a covering statement.
I also included in this statement a request to strike out a Warrant of Execution which was issued in July of this year in error because proceedings were/are still ongoing and I have already had the bailiffs knocking on the door and had telephone calls to say it has now moved in to escalation,this has caused considerable distress in the family home.
I took the transcripts and the covering statement to the courts yesterday (21st December) to deliver by hand to avoid any postal delays only to be told that the case had been heard already and the order was in the post. I protested that the original order had given me until the 23rd December to comply but was simply told that they had progressed it as they had also received the transcripts directly from the transcriber and the judge had based his decision solely on the transcription.
The thing is I have submitted a perfectly valid and truthful skeleton argument in both appeals which was written by a solicitor and neither have been considered nor addressed (in any instance) to which I have pointed out in my covering statement.
The judgement is based solely on some discrepancies on CPR rulings and not on the facts of the matter and as an LIP I have not been given any assistance in these matters.
I have received this morning the District Judge's decision which is refusal of permission to appeal, but by bringing the hearing date forward without my knowledge is this not flouting the CPR rules? they have not considered my side of the argument at all. No doubt anybody reading this would need more information,which I can supply of course but if there is anyone with some decent knowledge of the CPR I would appreciate it, I am new to the forum and do not know what level of help can be given but I have no doubt that as the warrant is still live I can expect the bailiffs early in the new year.
I did however get the court secretary to accept the documents yesterday and have obtained a receipt so at least the papers are on file.
Best Regards
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