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Appealing a SCT hearing where judge I believe wrongly applied s127

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  • #1

    Appealing a SCT hearing where judge I believe wrongly applied s127

    A claim defended on several issues including non compliant agreement, defective DN as no corresponding t&c to refer to and assignment. I thought The judge was behind me but the order made to me seems wrong. If he used the prejudice part of s127(1). The agreement is pre 2007 so non compliant agreement should have been unenforceable. I am shocked.

    I think I need help drafting the appeal. Maybe a solicitor would look at this and do the appeal on a CFA. I would appreciate any help and assistance. Thank you
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  • #2
    Originally posted by mrgps View Post
    A claim defended on several issues including non compliant agreement, defective DN as no corresponding t&c to refer to and assignment. I thought The judge was behind me but the order made to me seems wrong. If he used the prejudice part of s127(1). The agreement is pre 2007 so non compliant agreement should have been unenforceable. I am shocked.

    I think I need help drafting the appeal. Maybe a solicitor would look at this and do the appeal on a CFA. I would appreciate any help and assistance. Thank you
    If the breach was a failure to comply with s61(1)(a) CCA 74 then you are right, 127(3) doesnt take any prejudice into account, only s127(1) or (2) does the issue of prejudice come into play.

    If you have the judgment then please email me a copy, id be happy to assist.
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.
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    • #3
      I don’t have the judgment yet as this has only just happened. Can I email my note of the hearing to you over the weekend?

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      • #4
        Originally posted by mrgps View Post
        I don’t have the judgment yet as this has only just happened. Can I email my note of the hearing to you over the weekend?
        Sure, i know its small claims and normally a note would be sufficient for an appeal, but when it is technical points that are up for debate its often best to have the transcript.

        You can make an application to extend the time for filing the appellants notice to allow the transcript to be obtained, this is reasonably straight forward and can buy you breathing space to file a properly prepared appellants notice and grounds of appeal.

        The note of the judgment you took should give the basic info to be able to consider grounds of appeal though
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment

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